The URL can be used to link to this page

Home My WebLink AboutCP 94-02; Kaiza Poinsettia Corporation; 1995-0033663; Public Facilities Fee Agreement/ReleaseRECORDING REQUESTED BY AND ) ,. b WHEN RECORDED MAIL TO: 1 1 ~~?~-~~~~~~~ 24-J-At+-1995 03:35’ Prl City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, California 92008-l 989 I OFFICIAL RECDRDS ) 767 SAN DIEGU CDUHTY RECORDER’S OFFICE 1 2e. $2 Space above this line for_Reczder’s use Parcel No. xld-Lf%!I % AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CRY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FAClLlTlES FEE FOR INSIDE THE BOUNDARIES OF COMMUNlTY FACILlTIES DISTRICT NO. 1 , THIS AGREEMENT is entered into this day of DECEMBER 9th 9 wL4 by and between KAIZA POINSETTIA CORPORATION (name of developer-owner) a C,ORPORATTON hereinafter referred to as “Developer” whose address (corporation, partnership, etc.) ’ is 7220 AVENIDA ENCINAS, SUITE 200, CARLSBAD, CA 92009 (street) (city, state, zip code) 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, Carfsbad, 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: CONDOMINIUM PERMIT FOR 16 UNITS on said Property, which development carries the proposed name of POINSETTIA SHORES PLANNING AREA ~-2 C.P. 94-02 (A.P.N. 216-420-82) Form Approved By Cii Council July 2.1991 I Reso # Ql-194lUJH 1 . ._ and is hereafter referred ~3 as “Development”; and 768 WHEREAS, Developer filed on the 9th day of DECEMBER ,192t with the City a request for CONDOMINIUM PERMIT C.P. 94-02 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 4 additional need for public facilities and services resulting from the proposed Development; and 9 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 w;rthout . 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 : I . I : .- 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 1.82% of the building permit valuation of the building or structures to tje 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 Form Apprw.ed If By City Council July 2, 1991 Rae +91-1-H 2 769 to Titles 18, 20 or 21 of the Carlsbad Municipal Code. Developer shall pay a fee for conversion of existing building or structured into condominiums in an amount not to exceed 1.8296 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 re!er to arading 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. Oeveloper 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 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. lf 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. 3. This agreement and the fee paid pursuant hereto are required to ensure the consistency of the Development with the city’s General Plan. lf 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 Form Apprwad Ely City Council July 21991 Rmo IQl-19WCJH 3 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 sufficient 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 o?her public agencies as evidence of adequate public facilities and services sufficient 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 tf 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 lf notice is given to Developer by personal delivery thereof to Developer or by depositing the same in the kited 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 Form Apprwed Ey City Council Juty 21991 haa + Ql-194KJH 4 successors and assigns without specific mention of s.uch successors and assigns, lf 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. FmApprawd ByCityCounciiJuly2.1991 Raso r91-194nuH 5 772 - ? , IN WlTNESS WHEREOF, this agreement is executed in San Diego Cqunty, California as of the date first written above. DEVELOPER-OWNER: Kaiza Poinsettia Corporation, CllY OF CARLSBAD, a municipal corporation of the State of California BY (title) BY (signature) (print name) (title) ATTEST: APPROVED AS TO FORM: RONALD R. BA& Cii Attorney BY Deputy City Attorney - (Notarial acknowledgement of execution of DEVELOPER-OWNER must be attached.) Form Apprawd ByCHyCouncilJuly2.1991 ROB0 + 9%19uluH 6 - 773 . EXHIBIT ‘A’ LEGAL DESCRIPTION PLANNING AREA B-2 A PORTION OF LOT 79, OF MAP NO. 11616, RECORDED SEPTEMBER 12, 1986 AS FILE NO. 86-402404, PER CERTIFICATE OF COMPLIANCE RECORDED OCTOBER 17, 1989 AS FILE NO. 89-561703. Form Amrwod By Cl+ouncil July 21991 Rome #91-1WKJH 7 State of CJ+L)FC.X hl\ f% Counry of -5fNo 0 red (3 1 0” lx= ’ 9 ,w?f bofonme.~MtSfi tic 5. t-w-L- . OAQ uu( mUOanCEI EG ‘u#aOQu)TrrrnliC personatly aopeared h3OKA ~-0 SAI G I3 - . ruylP oc YclrlCfSI &personally known to me -0R~~provsdtomeonmeb~ofsrtistrctoy~ t0kthOpHSOnW~d3L SU~SW~UI t0 me ~fthift imp atd S- ofmecwnityuponbotutfdwtrichtho~~ actad. executed ma iflmmmt . Witnessmyhandandofffddsd. =APrmculuED BY SIGNER : 0-s @!Lcwaun~lnm7--- OmCEAW mm a PmTNEnfSI a AlT#IWY-IN-FACT a mmm 0 swEcRmaawwNE% 0 -0NSEWATW OOtMER! SnMRlsREPREsammi: ryy 0 mmns~ a wnnrm \7r+ PDr Am37-m WIS cEtvwcATE riiofqpwmoaJrrmrl MUST BE ArrACHED pLb11 f-fwL1nm i5q5 PezNl mwr c TO THE WCUMENT fvumb.rdPaga x ondooaanmt OESCRl8ED AT RIGHT: siirmfmrThMNamad~