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HomeMy WebLinkAboutCT 82-18; HSL/GROUP I; 83-084820; Public Facilities Fee Agreement/Release!£_ ^ _ r •f J RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, California 92008 ) ) ) ) ) ) Space above Documentary I-2--0 i — J Or' £/, -i '•: ' • i-uj n.4f\ I this line for fe*££r'der transfer tax: $ No ^ 84320 1 •'"! '": .'; ; ••'- '.'^ • '- ,'•' — .. •ifi 'I- Og •s u*ej j fee "SI NO FEt Signature of declarant determining tax-firm name City of Carlsbad Parcel No. 216-11-01 6 216-042-08 AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this by and between H S L/ Croup I ' 11day of February 1983 (nane of developer-owner) •, hereinafter referred t • as (Corporation, partnership, etc.) "Developer" whose address is 5030 Camlno de la Siesta, San Diego, California (s treet ) 92108 and THE CITY OF (City, stale, zip code) CARLSHAD, a municipal corporation of the State of California, hereinafter referreJ to as "City", whose address is 1200 Elm Avenue, Carlsbad, California, 92008. WITNESSETH: WHEREAS, Developer is the owner of the renl property described on Exhibit "A:, attached hereto and made a part of this agreement, hereinafter referred to as "Property"; and WHEREAS, The Property lias within the boundaries of City; and WHEREAS, Developer propoios a development proioct as follows: Pre-annexation Zone Change, Tentative Map 6 Major Condo Permit for 35t residential units. RKV 4-2-82 ?-C -Jiltd QT' &'~ti GO HP*.ooreo CO CO '(ft - 1730 on said Property, which development carries the proposed name of Batloultos Polnte •ad is hereafter referred to a« "Development"; and WHEREAS, Developer filed on the 19 day of July 19 82 , with the City a request for Major Condominium Permit and Tentative Map. Previously Filed Pre-annexation Zone Chance (Filed 5-11-82) hereinafter referred to at "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 April 2, 1982, in file with the City C~. «rk and incorporated by this reference, and that the City's public facilities •ad services are at capacity and will not be available to accommodate the additional need for public facilities and services resulting from th< 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 REV 4-2-82 00>*». 00ro CO ;!i;ifill II HOW, THEREFORE, in coneidetation of the recitals and the covenants contained herein, the parties agree aa follows: 1. The Developer shall pay to the City a public facilities fee in an amount not to exceed 22 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 •hall pay a fee for conversion o f existing buildinp, or structures into condominiums in an amount not to exceed 21 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 constructior. permits", "other construction permit" and "entitlement for use" as used in this agreement, except in reference to mohilohomc 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 developnent is intended. Developer shall pay Co City .1 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 o£ the Carlsbad Municipal Code. -3- RFV 4-2-82 mm 1732 2. The Developer may offer to donate a aite or sites for public facilities in lieu of «11 or part of the financial obligation agreed apon in Paragraph 1 above. If Developer offers to donate a site or site* 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 f e shall be determined by City prior to the issuance of any building or other permits. Such determination, when •ade, 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. If the fee is not paid as provided herein, the City will not haw the funds Co 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 t'und 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 requirement» of other public agencies as evidence of adequate public facilities and services sufficient to accommodate the needs of the Development herein described. -It- \ S ,«- 1733 • '6. All obligation! heraundar fhall terminate in the event the Requests made by Developer ara 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 ouch notice or by i duly authorized represent ativa of tuch party. Any such notice shall not be effective for any purpose wh«Caoev«r unless served in one of the following manners: 7.1 If notice ia 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 aealed 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 rcnpective successors an,' 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- »ev /I-2-82 00h£* Of)roo 00CO Mil .IV WITNESS WHEREOF, thia agreement is executed in San Diego County, California as of the date first written above. DEVKLOPER-OWNER: HSL/Group I, a General Partnership By: Group I, a General Partnership as partner By: Stephen A. Bi£ri, General Partner By: Humberto S. Lopez, General Partner ATTEST: REV 4-2-82 CITY OF CARLSBAD, a municipal corporation of the State of California ALETHA L. KAUTENKRANZ, City CVerk APPRO VINCE.WT F. BIONDO, JR., City Attorney (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) -6- -•—-yj—*- '<•' WITNESS WHERKOF, thii agreement ii executed in San Diego County, California as of the date firit written above. DEVELOPER-OWNER: HSL/Group I, a General Partnership By: Group I, a General Partnership ao partner By: Stephen A. Bifii, General Partner CITY OF CARLSBAD, a municipal corporation of the State of California t City Manager • known 'ome |0 »« „ .,, VINCENT r. «.. City Attorney fg;; ^r';irk«i'l^-- *.-,-... * '•"> jjf/F i", -,,., , , '•;••'' OMr.'f ^ jj •"»««««...«,.„.,.„„'Till,. (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) -6- REV 4-2-82 GOl*» OO CO I CO , STATE OF ARIZONA ) ) S3 COUNTY OF PIMA ) this My Commission Expires: The^foregoing instrumenj; was acknowleged before me "" ~~ day of -^- — ;, 1983, by Humberto S. Lopez, a general partner of HSL/Group I, a general Partnership. Nofary Public • e Oook«k w OOr ro• o LEGAL DESCRIPTION A portion of the West Half of Section 33, Township 12 South, Range A West, San Bernardino Base and Meridian, in the County of San Diego, State.of California, and described as follows: Beginning at'the Northwest Corner of Section 33, as'shown -:-.' on State Highway Map .No. Xl-S.D. Rte. 2-Sec. B.j Thence, vNorth 89*57'30" East,. 234.04 Feet to a point in the South- westerly Boundary'Line of the Right-of-way of the ATCHISON, TOPEKA AND SANTA FE RAILROAD. COMPANY (Coast Line); Thence, South 21e09'50" E.ast;'along s?id Southwesterly Boundary Line, a distance,of 1611,52 Feet, to the beginning of a curve concave Southwesterly and having a Radius of 13,950.91 Feet, a line Radial to said.curve at said last mentioned point bears South -68*58'10" West) Thence, Southeasterly along said curve and being.on said Southwesterly Right- • of-way Line, an arc distance of 1327.69 Feet, to a point in said curve, said point being in the center line of a channel; Thence, leaving said Right-of-way line and following the center line of said channel, South 46°04' West, 204.03 Feet; Thence South 71"52I. West, 195.12 Feet; Thence, North 74°34' West, -244.87 Feet, to a point in the Easterly line of State Highway Xl.-S.D. Rte. 2-Sec. B; Thence, North 17031' West, along said Easterly Boundary Line of said St.ite Highway, a distance of 1969.11 Fceti Thence, North 4"40'30" West, 913.85 Feeti Thence, North O'Ol'SO" West, 110.26 Feet, to beginning.