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Home My WebLink AboutCP 94-01A; Watt Residential Partners; 1997-0379662; Public Facilities Fee Agreement/Release- . , RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: > , 914 City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, California 92008- 1989 Space above thisline for Recorder’s use hrcel No. 21 fj-510-07 AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE FOR INSIDE THE BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 1 THIS AGREEMENT is entered into this 13 th day of , 19 97 June , . by and between (name of developer-owner) p I a (corporation, partnership, etc.) CA General Partnership , hereinafter referred to as “Developer” whose address is (street, city, state, zip code) 27720 Jefferson Avenue, Suite 200 Temecula, CA 92590 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 Form Approved By City Council July 2, 199 1 1 Resolution No. 9 1 - 194/KJH Form 17A Per Jane Mobaldi, Rev 01/l I/96 WHEREAS, Developer proposed a development project as follows: 28 detached units on said Property, which development carries the proposed name of parcel A of planning Area B-1 and is hereafter referred to as “Development”; and WHEREAS, Developer filed on the 13 th day of June , 19s with the City a request for condaninium PezrnitL Amendment 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, 1991, 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: Form Approved By City Council July 2,199 1 2 Resolution No. 9 1 - 194KJH Form 17A Per Jane Mobaldi, Rev 01/l l/96 - 916 h 1. The Developer shall pay to the City a public facilities fee in an amount not to exceed 1.82% 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 Municipal Code. Developer shall pay a fee for conversion of existing building or structures into condominiums in an amount not to exceed 1.82% 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 $598 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 2 1 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 become 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. Form Approved By City Council July 2,199l Resolution No. 91-194KJH Form 17A Per Jane Mobaldi. Rev. 01/l l/96 - 917 A. 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. 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 Form Approved By City Council July 2, 1991 4 Fom 17A Resolution No. 91-194KJH Per Jane Mobaldi, Rev. 01/l lD6 918 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. 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. 91-194KJH Form 17A Per Jane Mobaldi, Rev. 01/l l/96 - . . 919 - 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 WATT RESIDENTIAL PARTNERS, A CALIFORNIA ofthe GENERAL PARTNERSHIP, DBA, WATT HOMES SOUTHERN CALIFORNIA DIVISION ATTEST: ATHAN WELDY ALETHA L. RA VICE PRESIDENT, OPERATIONS APPpovED AS TO FORM: RONALD R BALL, City Attorney STEVEN KABEL (print name) DIVISION PRESIDENT (title) (Notarial acknowledgment of execution of DEVELOPER and OWNER must be attached). (fresicfent or vice president AND secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation) Form Approved By City Council July 2, 1991 Resolution No. 9 1 - 194KJl-l 6 Form 17A Per Jane Mobaldi, Rev. 01/I l/96 - . . 920 h . EXHIBIT “A” LEGAL DESCRIPTION PARCET, AOF m MINOR SUBDMSION NO. 96-13, IN THE CITY OF CARLSFlAD, 03UNTYOF SANDIZO, STATEOFCALIFORNIA,ACURDING'I0PARCELMAP THEREOF NO.17825,FII;EDINTHEOFFI~OFTHE~~~OFSANDIEGOCOUNTY ON FEBRUARY 18, 1993, OF OFFICIAL RB33RD.S. Form Approved By City Council July 2,199 1 Resolution No. 9 I- 194/KJH 7 Form 17A Per Jane Mobaldi, Rev. 01/l l/96 921 h I STATE OF CALIFORNIA RIVERSIDE COUNTY OF m On June 6, 1997 before me, Carol S. Long Notary Public, personally appeared Jonathan Weldy and Steven Kabel , [X] personally known to me - or [ ] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) &are subscribed to the within instrument and acknowledged to me that h&he/they executed the same in l&skhar/their author&d capacity(ies), and that by hi&her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. (Signature of Notary) u Form Approved By City Council July 2, 1991 Resolution No. 91-194KJH a Comm. # 1104960 iii NOTARY PUBLIC. CALIFORNIA I Riverside County My Comm. Expires July 7,200O $ Form 17A Per Jane Mobaldi, Rev. 01/l l/96 PARTNERSHIP AUTHORIZATION FOR WATT RESIDENTIAL PARTNERS VISTAMAR/VISTASOL @ SAN PACIFIC0 PROJECT The undersigned, constituting all of the general partners of WATT RESIDENTIAL PARTNERS, a California general partnership (the "Partnershinll), hereby adopt the following authorization, effective as of April 17, 1997: WHEREAS, in connection with the operation and improvement of the Vistamar/Vistasol 0 San Pacific0 Project (more particularly described as Area B-l, B-2 and D of Poinsettia Shores Master Planned Community) in Carlsbad, California, Steven Kabel must execute sales contracts and addenda thereto, deeds, easements, escrow instructions, closing statements and related documents, and such other documents to develop, construct, market for sale and sell single family residential homes located in the Vistamar/Vistasol 8 San Pacific0 Project, all in the ordinary course of business (collectively, the "Sales Documents"); and WHEREAS, in connection with the operation and improvement of the Vistamar/Vistasol @ San Pacific0 Project (more particularly described as Area B-l, B-2 and D of Poinsettia Shores Master Planned Community) in Carlsbad, California, Steven Kabel must also execute such documents as may be required by the City of Carlsbad or County of San Diego, California, in connection with easement dedication(s) (the "Dedication Documents"); and WHEREAS, in connection with the operation and improvement of the Vistamar @ San Pacific0 Project in Carlsbad, California, Steven Kabel must also execute various documents such as tentative or final tract maps, parcel maps, subdivision improvement bonds (performance, labor and material, monumentation, tax or other bonds that may be required), applications for permits, plancheck or processing, property ownership questionnaire for subdivision and parcel maps, and other documents as may be required by the City of Carlsbad or County of San Diego, California in connection with the construction of Area B-l (Lot 5 of CT 94-Ol), Area B-2 (Lot 79 of Carlsbad Tract 85-14 Phase I) and Area D (Lot 8 of CT 94-01) (collectively, the flConstruction Documents") ; and WHEREAS, in connection with the operation and improvement of the Vistamar/Vistasol 0 San Pacific0 Project in Carlsbad, California, Steven Kabel must also execute various documents required by the California Department of Real Estate in order to obtain a Public Report (the "DRE Documents"); it is hereby RL.BESNET 24559 315862 1 - A RESOLVED, that Steven Xabel, acting alone, is hereby authorized and directed to execute in the name and on behalf of the Partnership the Sales Documents, the Dedication Documents, the Construction Documents and the DRE Documents as follows: Watt Residential Partners, a California a Watt Homes - Divisional President RESOLVED, FURTHER, that this Partnership Authorization may be executed in counterparts, each of which shall be deemed an original, but all of which together, shall constitute one and the same document. WITNESS the due execution hereof as of this 17th day of April, 1997. Watt Residential Partners, a California general partnership By: By: Watt Residential Associates, L.P., a California limited partnership, general partner By: Pacific Northwest Builders, Inc., a California corporation, its general partner .7 By: R. A. Watt. Chairman (Print Name and Title) WW Residential Investors III, L.P., a Delaware limited partnership, general partner By: WBW Company, Inc., a Delaware corporation, its general partner , / By: /// / 4 4 / Paul G osel. f Vice President (Print Name and Title) RL.BENNET 24559 315862 1 PARTNERSHIP AUTHORIZATION FOR WATT RESIDENTIAL PARmRS The undersigned, constituting all of the general partners of WATT RESIDENTIAL PARTNERS, a California general partnership (the llPartnershinu), hereby adopt the following authorization, effective as of January 3, 1997: WHEREAS, in connection with the operation and improvement of the Mandalay Project in San Clemente, California, Jonathan Weldy must execute various documents such as applications for permits, plancheck or processing, property ownership questionnaire for subdivision and parcel maps, and other documents as may be required by the City of San Clemente or County of Orange, California in connection with the construction of Tracts 15267 through 15269 (collectively, the "Construction DocumentsI'); it is hereby RESOLVED, that Jonathan Weldy, Vice President, Operations, acting alone, is hereby authorized and directed to execute in the name and on behalf of the Partnership the Construction Documents as follows: Watt Residential Partners, a California general partnership, dba Watt Homes - Southern California Division TlMwzzL && By: ,J&&than Weldy / /Vi e President, Operatqons P RESOLVED, FURTHER, that this Partnership Authorization may be executed in counterparts, each of which shall be deemed an original, but all of which together, shall constitute one and the same document. RLBENNET24559318120 1 . . WITNESS the due execution hereof as of this 3rd day of January, 1997. Watt Residential Partners, a California general partnership By: Watt Residential Associates, L.P., a California limited partnership, general partner By: Pacific Northwest Builders, Inc., a California corporation, its general partner By: < L . .‘c A, px c b-w, c&.-i +...y (Print Name and Titlk) By: WW Residential Investors III, L.P., a Delaware limited partnership, general partner By: WHW Company, Inc., a Delaware corporation, its general partner By: (Print Name and Title) RLBENNET 24559 318120 1 C WITNESS the due execution hereof as of this 3rd day of January, 1997. Watt Residential Partners, a California general partnership By: Watt Residential Associates, L.P., a California limited partnership, general partner By: Pacific Northwest Builders, Inc., a California corporation, its general partner By: (Print Name and Title) By: WW Residential Investors III, L.P., a Delaware limited partnership, general partner By: WHW Company, Inc., a Delaware corporation, its general partner / By: a$ i t Y/ / /I '&C- 8. b&g L i"#)..Q-?&~~, 31;LL-c (Print Name and Title) RLBENNET 24559 318120 1