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HomeMy WebLinkAboutCT 83-21A; Treetops Unlimited; 85-281748; Public Facilities Fee Agreement/Release. . :- wj _ u4-x _ , I * ? >\ ..’ . .: . .. . . . s REbjRDIND REQUESTED B. AND " *> 683 , -55281748 ."'WHEN‘RECORbED MAIL TO: ; 1 *CITY OF CARLSRAD c 9 ee,d200 Elm Avenue 1 Carlsbad, California. 92008 ) -u- ..," ;: ,..':t ;:: /I !d ' ~;~ ~ i!.‘i;,L ;',i ,,.[,1'!~':i i ! C' 'kc; ,,j:-i;:: tjl;rlf :',;:?; i 12% AUG -6 i?! tit 00. Space above this /lQJ$@$+j$$fir's use Documentary transfer tax: $ No fee jio FEE . ?$I RI-i- Slg.nature of"Eikclarant determlnrng tax-firm name City of Carlsbad 167-lCO-10,42,43 Parcel No.168-040-12-a 13 AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT' OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 12 day of -=++-I lg= by and between TREETOPS UNLIMITED -_ (name of developer-owner) , ( i-g.* Joint Venture Q..,2 , hereinafter referred to as (Corporation, partnership, etc.) "Developer" whose address is 3900 Harney Street (street) San Diego, California 92110 and THE CITY OF (City, state, zip code) - c CARLSBAD, a municipal corporation of the State of California, ,hereinafter referred to as "City!', whose address is . Carlsbad, California, 92008. . W I T N E S S'E T H: WHEREAS, Developer is the owner of the real pr on Exhibit "A:, attached hereto and made a part of this agreement, hereinafter referred to as "Property"; and WHEREAS ..-.,Jhe Property lies within the boundaries of City; and c *. 2. WHEREAS, Developer proposes a development project as f'ollows: *- Construction of 130 Single-Family Duplexes (Attached) in Calavera Hills Village O&P-l, Unit #4. REV 4-2-82 6 I *. * #.. ._.I 1 v tg4 . on 'said.Proqerty, wh. h development carries the -reposed name of . .) Calavera Hills Village O&P-l, Unit #4 (: -e -*?and is hereafter referred to as "Development"; and I WHEREAS, Developer filed on the ,122 day of &$ , 19925 s with the City a request for Tentative Map approval for Village O&P-l, Unit #4 in Calavera Hills . .hereinafter referred to as "Request"; and WHEREAS, the public Facilities Element of the'City General Plan requires that the City' Cyuncil find that all public facilities \ . necessary to serve a deve'lopment will be available concurrent with nee.d or such development shall not be approved (said element is on file with the City Clerk and is incorporated by this reference);-atid WREREAS, Developer and City recognize the correctness of Council I. c -..Policy No. 17, dated April 2, 1982, in file with the City Clerk and ..-e \'-.'. xncorporated 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; - -2- REV 4-2-82 - ,635 .* . * -. * NOW, TREREFORE in consideration of the r itals and the _. */' ., covenants contained herein, the parties agree as follows: ( <.\ 3 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 l . 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 the time of conversion. .The fee for a condominium conversion shall be paid prior to the issuance of a I condominium conversion permit as provided in Chapter 21.47 of the \, : LT.? 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 r-efer to grading permits or other permits for the construction of underground o'r street improvements unless no other permit is necessary prior to the use or occupancy for which the development is intended. Devel.oper 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 I .:, * or improvements required according to Titles 18, 20 or 2l.of the . ' L- Carlsbad Municipal Code. -3- REV 4-2-82 I ‘ 4. ‘ ., * ” 1 ..’ 686, . * .A 2 .‘C ‘The Developer may offer to donate a site or sites for public f-4 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 othe*r 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’C&lsbad 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 provi.ded he’rein, the City will not have the funds to provide public facilities and services, and the !, &.evelopme.nt will not be consistent with the General Plan and any \;1-* 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. 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 i G 1 -4- . I . :- . A. -*I -_ c 687 .- -._, 6. . All .obligat. .IS hereunder shall termink 2 in the event the . II Requests made by Developer are not approved. y+ 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 repres,entative 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, addresse’d 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 ( -I--; \‘?‘aaddress 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 resp.ective 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 c 3 0 r -. security interest in the Property. When the obligations. of this \- agreement have been satisfied, City shall record a release. -s- REV 4-2-82 -4 “.-‘ 688 IN WITNESS WHEREOF, this agreement is executed in San Diego ( %- 3 -%ounty, California as of the date first written above. DEVELOPER-OWNER: TREETOPS UNLIMITED CITY OF CARLSBAD, a.municipal" corporation of the Pacific Scene Inc. State of California BY c ATTEST: A i - -_ ALE'THA L. UJT-MXRANZ, Citfclhd APPROVED AS TO FCRH: . ..-. I".._ .* VINCENT F. BIONDO, JR., . City Attorney (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) -6- REV 4-2-82 -- - 19 E. before me, the undersigned, a Notary te, personally appear respectively of the corporation that executed the within instrument, said persons being known to me to be the persons who executed the within instrument on behalf of said venture that executed the within instrument and acknowledged to me that such corporation executed the same both individually and as joint venturer of said joint venture and that such joint venture also executed the same. WITNESS.my hand and official seal. Notary Public in and for said county and state. FORM - CJV ., 689 FOR NOTARY SEAL OR STAMP OFFICIAL SEAL ROBJN K DE KOLD / NOTARY PUBIC - CALlFORNtA WiTE aF CALJFUINIA) OtXJIW~SANDIDo) 6~: QI this 5th dayof JUNE w85, before me, the undersigned, a Notary hblic in and for said Cbunty and State, pmvedtomonthebasis Of SatiSfactOI'y eVi&IICe to be the knmn to me to be the VICE that executed the within instnmmt to me to be one of the joint venture6 of W m, the Joint venture that executed thv within instant, and acbmledged to me that BU& coqxxntion executed the m, both lndi- vidually and as jointventumrof mldJointventum, andthatsuchjointventure also executed the sane. WITNESS my hand and official seal. SAN DIEGO COUNTY I‘ .t. + 1 . 1 v-b 690 “he Ian3 refcrreq to in this PE?o?T is sitllated in the 'lit-r of carls3ad, v Coilntv of San DieTo, State of California, and is described as follows: Vhose portions of Lots "n" and "J" . to thee' of PANCF10 AGUA UEDIONr?A, accordincr 'Tan Thereof F?o. 823, Filed in the Office of t?e (30untv Decorflsr of San Dieffo count-v, movemuer 16, 1496, hein? more particularlv de- scribed as 'allows: Conmencinn at the SouthWeSterl:! corner of YIRP. COSTA YES4 Vrc:IT a$'). 5, nccordina to the '?a.? thereof Vo. 7151, filed in the Office of the C:ountv ?ecor?er of San r)iecro Countv, necemher 29, 1371, heinc a noint on the common citv limits of the ritv OF Oceansi.de and the Sitv of Carlshad, and being also a point on the Xortherlv houndarv of the lanri described in Parcel 1 in deed to non N. Rocker as Trustee of the Yartha Rillefer Trust, render trust aqreenent, dated Fehruarv 27, 1062, said deed heinq recorded September 8, 1976 as instrument Xo. 76-294347 Cfficial Fiecords; thence South 89°19'04" West, alons the Yortherlv line of Parcel 1 of said Sowker's land,(record South 99O19'35" "rest) 1113.60 feet to an anale point in the land described in that certain ?eed of trust recorded 'larch 26, 19Sr). as instrument ~$0. Qr)-102579 Official Records, described therein as Parcel lB, beincr THE TRUE POIPlT OF BEGINNING of the land described herein; thence leaving the l!ortherly line of said Bookers' land continuinq alonq the exterior houndarv of Paxcel IS in said deed of trust, South 13"27'33" East 360.00 feet and Soutti 59O51'59" West 904.25 feet to an anale noint in the land conveved to Treetops Unlimited hv deed recorded June 19, 1979 as instrument X0. 79-252293 Official Records: thence leavino the exterior boundary of the land described in Parcel IR of said deed of trust and continuing along the exterior boundarv of the land conveyed to said Treetops Unlimited, south 7OOO4'37" west (record South 67O West) 2666.57 feet to a point; thence leavinq the Southerly boundary of said Treetops' land, rrorth 15°00'00" West 143.00 feet; thence North 31°30'OO" !?est 369.00 feet: thence hTorth 303r)'nr-l" Vest 190.00 feet: thence North 43°00'~O' Vest 380.09 feet: thence North 42O45'55" West 95.64 feet to a noint .in the Yortherlv boundarv of the land conveyed to Treetons Unlimited by deed recorded June 19, 1979 as instrument No. 79-252293 Official Records2 thence alonq the Xortherly boundary of said Treetops' land, North 79'94'37" East(record North 67' East) a distance of 2485.16 feet to the most Xortherly corner thereof; thence alonq the Easterlv line of said ?reetops' land, South 13O27'33" East(record South 14'45'30" East) 353.77 feet to a point on the Northerlv line of said Bowker's land; thence P!orth 89'19'04" East(record North 89'19'35" East) alons the Northerly line of said Bowker's land 790.00 feet to the TRUE POINT OF BEGINNING.