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Home My WebLink AboutCT 97-23; Bertagnolli, Ettore & Geraldine; 1998-0162879; Public Facilities Fee Agreement/Release. . DOG ‘i 1998-0162879 MAR 25s 1998 3:20 PM oFFICI& RECORDS W DIEGO tiOl.tNTY RECORDER’S OFFICE RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: 1 City Clerk ; CITY OF CARLSBAD ’ > 1200 Carlsbad Village Drive > GaGoRy ;.$ITHs COf&RECDMER : . Carlsbad, California 9200% 1989 Qlh ) Space above this line for Recorder’s use AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE FOR OUTSIDE THE BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 1 ParcelNo. 205-191-13 & 17 THIS AGREEMENT is entered into this 1 sth day of January ) 19 98 ) by and between (name of developer-owner) Ettore S. and Geraldine Bertagnolli, a (corporation, partnership, etc.) Individual , hereinafter referred to as “Developer” whose address is (street, city, state, zip code) P.O. Box 1633, Carlsbad, CA 92018 and the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as “City”, whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008-1989. WITNESSETH: WHEREAS, Developer is the owner of the real property described on Exhibit “A”, attached hereto and made a part of this agreement, hereinafter referred to as “Property”; and WHEREAS, the Property lies within the boundaries of City; and WHEREAS, Developer proposed a development project as follows: nine lot single family subdivision on said Property, which Form Approved By City Council July 2, 1991 Resolution No. 91-I 94/KJH 1 :; pqGQ - Form 17 Per Jane Mobaldi, Rev. 01/l l/96 B . , 295 ’ development carries the proposed name of Magnolia Subdivision and is hereafter referred to as “Development”; and WHEREAS, Developer filed on the 19th day of December ) 19 97 -3 with the City a request for a tentative map and site development plan hereinafter referred to as “Request”; and WHEREAS, the Public Facilities Element of the City General Plan requires that the City Council find that all public facilities necessary to serve a development will be available concurrent with need or such development shall not be approved (said element is on file with the City Clerk and is incorporated by this reference); and WHEREAS, Developer and City recognize the correctness of Council Policy No. 17, dated July 2, 199 1, on file with the City Clerk and incorporated by this reference, and that the City’s public facilities and services are at capacity and will not be available to accommodate the additional need for public facilities and services resulting from the proposed Development; and WHEREAS, Developer has asked the City to find that public facilities and services will be available to meet the future needs of the Development as it is presently proposed; but the Developer is aware that the City cannot and will not be able to make any such finding without financial assistance to pay for such services and facilities; and therefore, Developer proposes to help satisfy the General Plan as implemented by Council Policy No. 17 by payment of a public facilities fee. NOW, THEREFORE, in consideration of the recitals and the covenants contained herein, the parties agree as follows: 1. The Developer shall pay to the City a public facilities fee in an amount not to exceed 3.5% of the building permit valuation of the building or structures to be constructed in the Development pursuant to the Request. The fee shall be paid prior to the issuance of building or other construction permits for the development and shall be based on the valuation at that time. This fee shall be in addition to any fees, dedications or improvements required pursuant to Titles 18, 20 or 21 of the Carlsbad Forrn Approved By City Council July 2, 1991 Resolution No. 91-194/KJH 2 Form 17 Per Jane Mobaldi, Rev. 01/l l/96 296 Municipal Code. Developer shall pay a fee for conversion of existing building or structures into condominiums in an amount not to exceed 3.5% of the building permit valuation at the time of conversion. The fee for a condominium conversion shall be paid prior to the issuance of a condominium conversion permit as provided in Chapter 21.47 of the Carlsbad Municipal Code. Condominium shall include community apartment or stock cooperative. The terms “other construction permits”, “other construction permit” and “entitlement for use” as used in this agreement, except in reference to mobilehome sites or projects, shall not refer to grading permits or other permits for the construction of underground or street improvements unless no other permit is necessary prior to the use or occupancy for which the development is intended. Developer shall pay the City a public facilities fee in the sum of $1 ,150 for each mobilehome space to be constructed pursuant to the Request. The fee shall be paid prior to the issuance of building or other construction permits for the development. This fee shall be in addition to any fees, dedications or improvements required according to Titles 18, 20 or 21 of the Carlsbad Municipal Code. 2. The Developer may offer to donate a site or sites for public facilities in lieu of all or part of the financial obligation agreed upon in Paragraph 1 above. If Developer.offers to donate a site or sites for public facilities, the City shall consider, but is not obligated to accept the offer. The time for donation and amount of credit against the fee shall be determined by City prior to the issuance of any building or other permits. Such determination, when made, shall be- come a part of this agreement. Sites donated under this paragraph shall not include improvements required pursuant to Titles 18 or 20 of the Carlsbad Municipal Code. 3. This agreement and the fee paid pursuant hereto are required to ensure the consistency of the Development with the City’s General Plan. If the fee is not paid as provided herein, the City will not have the funds to provide public facilities and services, and the development will not be consistent with the General Plan and any approval or permit for the Development shall be void. No building or other construction permit or entitlement for use shall be issued until the public facilities fee required by this agreement is paid. Form Approved By City Council July 2, 1991 Resolution No. 91-194/KJH 3 Form 17 Per Jane Mobaldi. Rev. 01/l l/96 4. City agrees to deposit the fees paid pursuant to this agreement in a public facilities fund for the financing of public facilities when the City Council determines the need exists to provide the facilities and suffkient funds from the payment of this and similar public facilities fees are available. 5. City agrees to provide upon request reasonable assurances to enable Developer to comply with any requirements of other public agencies as evidence of adequate public facilities and services suffkient to accommodate the needs of the Development herein described. 6. All obligations hereunder shall terminate in the event the Request made by Developer is not approved. 7. Any notice from one party to the other shall be in writing, and shall be dated and signed by the party giving such notice or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in one of the following manners: 7.1 If notice is given to the City of personal delivery thereof to the City or by depositing same in the United States Mail, addressed to the City at the address set forth herein, enclosed in a sealed envelope, addressed to the City for attention of the City Manager, postage prepaid and certified. 7.2 If notice is given to Developer by personal delivery thereof to Developer or by depositing the same in the United States Mail, enclosed in a sealed envelope, addressed to Developer at the address as many -have been designated, postage prepaid and certified. 8. This agreement shall be binding upon and shall inure to the benefit of, and shall apply to, the respective successors and assigns of Developer and City, and references to Developer or City herein shall be deemed to be a reference to and include their respective successors and assigns without specific mention of such successors and assigns. If Developer should cease to have any interest in the Property, all obligations of Developer hereunder shall terminate; provided, however, that any successor to Developer’s interest in the property shall have first assumed in writing the Developer’s obligations hereunder. Form Approved By City Council July 2, 199 1 Resolution No. 91-l 94/KJH 4 Form 17 Per Jane Mobaldi. Rev. 01/l l/96 9. This agreement shall be recorded but shall not create a lien or security interest in the Property. When the obligations of this agreement have been satisfied, City shall record a release. . . . . . . . . . . . . . . . . . . . . . . . . . . . Form Approved By City Council July 2,199l Resolution No. 9 1 - 194/KJH 5 Form 17 Per Jane Mobaldi, Rev. 01/l l/96 . h h l 299 IN WITNESS WHEREOF, this agreement is executed in San Diego County. California as of the date first written above. DEVELOPER-OWNER: CITY OF CARLSBAD, a municipal corporation $, gym LL~, % 2tLv&4molAY (Name of Developer) of the State of California By: (signature) (pririt naine) APPROVED AS TO FORM: RONALD R. BALL, City Attorney By: puty City Attorney (print name) (title) (Notarial acknowledgment of execution of DEVELOPER and OWNER must‘be attached). (President or vice president A- secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certzjied by the secretary or assistant secretary under corporate seal empowering that oJ?ker to bind the corporation). (If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument). Form Approved By City Council July 2, 1991 Resolution No. 9 I- 194/KJH Form 17 Per Jane Mobaldi. Rev. 01/l l/96 /- ‘. 0,rder No: 7333135 -50 . 1' DESCRIPTION PARCEL 1: THAT PORTION OF LOTS 16 AND 17 IN BLOCK B OF RESLTBDIVISION OF A PORTION OF ALLES AVOCADO ACRES IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2027, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY MAY 17, 1927, DESCRIBED AS FOLLOWS:,, s BEGINNING AT A POINT ON THE NORTHEASTERLY LINE OF SAID LOTS 16 AND 17, AND THE SOUTHWESTERLY LINE OF ADAMS STREET, SAID POINT BEING THE MOST EASTERLY CORNER OF SAID LOT 16; THENCE ALONG THE SOUTHEASTERLY LINE OF LOT 16 SOUTH 61°21' WEST 333.0 FEET; THENCE ALONG THE SOUTHWESTERLY LINE OF LOTS 16 AND 17, NORTH 28O39' WEST 240.0 FEET; THENCE ALONG THE NORTHWESTERLY LINE OF LOT 17, NORTH 61°21' EAST 333.0 FEET TO SAID SOUTHWESTERLY LINE OF ADAMS STREET; THENCE ALONG SAID SOUTHWESTERLY LINE OF ADAMS STREET SOUTH 28O39' EAST 30.0 FEET TO A POINT ON A LINE WHICH IS 30.0 FEET SOUTHEASTERLY OF AND PARALLEL WITH THE NORTHWESTERLY LINE OF SAID LOT 17 OF SAID MAP NO. 2027; THENCE SOUTH 61°21' WEST 90.0 FEET; THENCE SOUTH 28'=39' EAST 120 FEET MORE OR LESS TO A POINT ON A LINE WHICH IS 90.0 FEET NORTHWESTERLY OF AND PARALLEL WITH THE SOUTHEASTERLY LINE OF SAID LOT 16 OF SAID MAP NO. 2027; THENCE NORTH 61°21' EAST 90.0 FEET TO THE NORTHEASTERLY LINE OF SAID LOTS 16 AND 17, AND SAID SOUTHWESTERLY LINE OF ADAMS STREET; THENCE S 28O39' EAST ALONG SAID NORTHEASTERLY LINE 90.0 FEET TO THE POINT OF BEGINNING. PARCEL 2: THE SOUTHWESTERLY 200.00 FEET OF LOT 15, BLOCK "B" OF RESUBDIVISION OF A PORTION OF ALLES AVOCADO ACRES IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2027, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 17, 1927; THE NORTHEASTERLY LINE OF SAID PORTION OF LOT 15 BEING PARALLEL WITH AND DISTANT 200.00 FEET NORTHEASTERLY AT RIGHT ANGLES FROM THE SOUbIWESTERLY LINE OF SAID LOT 15. . STATE OF CALIFORNIA COUNTY OF SAN DIEGO On /j2 I$),/@ befo Notary Public, personally appeared known to me - or [ ] proved to me on the basis of satisfactory evidence to be the pe&k F whose name $ is/are subscribed to the within instrument and acknowledged to me that he/s&f&q- executed the same in his/he&h& author&d capacity(H and that by hisk&heksignatureH on the instrument the person $$l, or the entity upon behalf of which the person@ acted, executed the instrument. Form Approved By City Council July 2,199l 8 Form 17 Resolution No. 91-194KJH Per Jane Mobaldi, Rev. 01/l l/96