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HomeMy WebLinkAboutCT 81-16; Daon Corporation; 83-006312; Public Facilities Fee Agreement/Release. 2 ‘. - RECORDINC‘REQPESTED BY AND WHEN RECORDED MAIL TO: 1 CITY OF CARLSFAD 1200 Elm Avenue Carlsbad, California 92008 ) L/jyA 4 ‘i "' fa c 1 COU~l y f(::'p$Fj~ 1 Space above this line for Recordem use MO FEE $ No fee tax-firm name City of Carlsbad Parcel No. #zS5-~3L -07 AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 15 day of December , 19 82 by and between Daon (name of developer-owner) a Corporation , hereinafter referred to as (Corporation, partnership, etc.) "Developer" whose address is 3200 Park Cent& Drive Suite 1400 (street) Costa Mesa, CA 92626 (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 Carlsbad, Califirnia, 92008'. WITNESSETH: (Y$jzjqy=-j . 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 proposes a development project as follows: C.T. 81-16 560 D.U. P.R.D. REV 4-2-82 . - L 21?& 1 .* _. -on, said Pr,opert.y, which development carries the plJposed name of Vista Santa Fe and is hereafter referred to as "Development"; and , WHEREAS, Developer filed on the 1‘5 day of December , 1982 , with the City-a request for 1 year time extension 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 w'ith 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 April 2, 1982, in 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. -2- REV 4-2-82 - . 2137 . *.-. a’ NOW-, THE.REFORE, 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 2% 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 o f existing building or structures into condominiums in an amount not to exceed 2% of the building permit valuation at th-e 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, "oth'er 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 to 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. -3- REV 4-2-82 - . .’ .’ . *., 217z - . 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 Title8 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 e 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 sufficient funds from the payment of this and similar public facilities fees are available. t 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 sufficient to accommodate the needs of the Development herein described. -4- * . . . - 1 . 2S?3 - 6. All obligations hereunder shall terminate in the event the Requests made by Developer are 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 authorised 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 may 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 the City, and references to Developer or City herein shall be deemed to be 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 of 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. -5- . T _. ’ sm. 2174 - . ’ . . 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 of the State of California ~~ W.A. Colton, III -.. ---- Sr. V.P. I,and City Manager (Title) g-I&ik--&L-* A+4-A-w Gerald C. Weeks Director, Land (Title) ATTEST: ALETHA L. RAUTENKRANZ, ‘City Clerk I APPROVED AS TO FORM , VINCENT F. BIONQO, JR., City Attorney (Notarial acknowledgement of execution by.DEVELOPER-OWNER must be attached.1 REV 4-2-82 -6- ,- -.. c ,z, i - ! j 2 $ E s B E 6 2 k f 2 ii -2 .o f ‘0 P 4 8 P) E Ii? STATE OF CALIFORNIA Orange COUNTY OF- December 14, 1982- Oni, before me, the undersigned, a Notary Public in and for said State, personally appeared W.A. Colton, III known to me to be t iv- e ’ * ’ ’ La$&&qt, and Gerald C. Weeks known to meS)olbzt?h$tor’ Land XWGG.?j of the corporation that executed the within instrument, and known to me to be the persons who executed the within inz:rument on behalf of the corporation therein named, and ac- knowledged to me that such corporation executed the within inkrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and offtcial seal. Mkcia A. Brown MARCIA A BROWN NOTARY PUBLIC - CAUFORNIA ORANGE couwly MY mnml. emh ml I.1985 Name (Typed or Printed) (This area for official notarial real) * *;,.- . ” . ‘. t . ‘, . . ..2.176 ‘- ‘-. _*‘. . - . . EY.HIOTT IIAII y- -. L LEGAL DESCRJPT?Oi . . . . . . , Portions of Lots 4 & 9 Of the subdivision 'of the Ranch0 Las Encinitas,.in the.City . - . of Carlsbad, County of San Diego, State of California, according to map-thereof No. 848, filed in the Office of - the Cpunty Recorder of San Diego County, June 27, 1898. . . FINE pWOPERTI[ES Box62 DELMAKCA 92014 DON FINE BROKER (619) 753-8822 Llll WI- LnnL3DnU . . I-+er-Office Correspondence - . . CI‘TY CLERK- FROM: l DEVELOPMENTAL PROCESSING SUBJECT: PUBLIC FACILITIES RELEASE Ott ICk . I ’ 1 DATE: l 3/18/87 I I I . . Please release Public Facilities Fee Agreement, file number J 83-4 CT 79-25 DAON CORP j83-94 CT 81-16 DAON CORP p #454%44&A. *$5 182-50 CPA 64A DAON CORP FEES HAVE BEEN PAID ENCLOSED ARE FOUR CHECKS TOTALLING $36.00 ATTACHED INSTRUCTIONS FROM WESTERN MUTUAL ESCROW TO FORWARD TO SAN DIECO COUNTY RECORDER. Attachments: Reply Requested: Signature :: REPLY . . Date:' I Signature: lo/83 \Neb;ern Mutual Escrow - Encinitas, Inc. a Encinitas Office _ 227 frl. El Camin Real, 5104, Encinitas, CA 92024-2875 0 Escondido Office - 333 S. Juniper Street, #116, Escondido, CA 92025 . Date March 12, 1987 City of Carlsbad 2075 Los Palmas Escrow No. 7553 JB Carlsbad, CA 92009 ATTN: DORIS COSMAN re: APN: 255-151-10 In connection with the above numbered escrow, we enclose the following: ( X ) Copy of Agreements re: Public Facilities Fees. Please provide releases and forward to San Diego County Recorder. ( 1 Checks enclosed (4) at $9.00 each to cover fee. ( ) \ 21.9011-8 B/83 WOO ELM AVENUE CARLSBAD, CALIFORNIA 92008 Office of the City Clerk TELEPHONE: (619) 438-5535 March 23, 1987 Western Mutual Escrow Encinitas, Inc. 227 North El Camino Real, Suite 104 Encinitas, CA 92024-2875 Re: Release of Document No. 81-286838 (Daon Corporation) The enclosed check was sent to the City of Carlsbad with three others to pay for the release of four public facilities fee agreements. Three of the requested releases have been prepared and forwarded for recordation. The fourth document has already been released. Therefore, your check for the release of that document is being returned to you. JiRiii+LgF Deputy City Clerk Enc.