HomeMy WebLinkAboutCT 85-03; Lincoln Coastal Tamarack West Ltd; 85-072570; Public Facilities Fee Agreement/Release..a
,
‘. . . c -.
BY AND > -- j-“&o7257o . *\ --S., i l ’
RECORDING'REGUESTED WHEN RECORDED MAIL TO: i r ,"F;;,$/?~$p& .
CITY OF CARLSRAD
Jt SAY i'li'~z &jii.:'I;,!tt, /
1200 Elm Avenue
carlsbad, California 92008 >
k@i MAR -5 /Q gT o2
Space above this
Documentary
Signature
tax-firm name
City of Carlsbad
Parcel No. 204-280-31
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this day of
by and between Lincoln Coastal Tamarack West, Ltd.
(name of developer-owner)
. acalifornia Limited PartnershlD , hereinafter referred to as
(Corporation, partnership, etc.)
"Developer" whose address is 3991 Ohio Street,
(street)
San Diego, CA 921OL (City, state, zip code)
and THE CITY OF
CARLSBAD, a municipal corporation of the State of California,
hereinafter referred to as "City", whose addres
Carlsbad, California, 92008.
WITNESSETH:
WHEREAS, Developer is the owner of the rea
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:
40 condominum dwelling units
REV 4-2-82
c f- F--= 3/cP-3q
b.
’ *,
on said P'roperty, f 005 -- whicn development carries the proposed name of *
Tamarack West
and is hereafter referred to as "Development"; and
WHEREAS, Developer filed on the / day of Twdm ,
19, ) d with the City a request for a tentative map and major
condominium permit for 40 dwelling units.
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 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
. .’ * -1
E606
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 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 of existing building or structures into condominiums
in an amount not to exceed 2% of the buildingpermitvaluationat
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. If the building or park being converted was constructed
before August 29, 1979, the fee to be paid shall be limited to 2%
of the total cost of any new construction, renovation,
remodeling, or other work done or proposed to be done as a part
of the conversion including, but not limited to, accessory
buildings or structures, storage area, club houses, and garages.
The City Manager shall estimate the cost of such work and the fee
to be paid shall be based on that estimate. If the building or
park being converted was constructed after August 29, 1979, a fee
of 2% of building permit valuation at the time of construction
shall be paid plus a fee of 2% of the building permit valuation
of any new construction done as a part of the conversion.
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 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.
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 part of this
agreement. Sites donated under this paragraph shall not include
improvements required pursuant to Title 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 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.
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.
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 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 be 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
8 4 *L - .
I
1009
attention of the City Manager, postage prepaid and certified.
7.2 If notice is given to Developer by personal
delivery thereof to Developer or be depositing 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 insure 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.
,‘. .
-I . 1010
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
. inr.nln cnnni-.a1 Tamarark Wpct. (name) T,u .
B~ Jeffrey E. Horvitz
General Partner
ATTEST:
ALETHA L.
APPROVED AS TO
VINCENT F. BIONDO, JR.,
City Attorney
.
(Notarial acknowledgement of execution by DEVELOPER-OWNER must be
attached.)
-6-
REV 4-2-82
1011 o
STATE OF CALIFORNIA
COUNTY OF San Diego > ss.
On l-14-85 , before me, the undersigned,
a Notary Public in and for said State, personally appeared Jeffrey E. Eorvitz
WESI-ERN MUTUAL ESCROW CORPORATION
FOR NOTARY SEAL OR STAMP
known to me to be one of the partners of the partnership
that executed the within instrument and acknowledged to me that such
partnership execute the same.
Name (Typed or Printed)
Exhibit A
DESCRIPTION
TRACT 231 OF THE THUM LANDS, IN THE CITY OF
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
NO, 1681, FILED IN THE OFFICE OF THE RECORDER OF
PARCEL Al :
THAT PORTION OF
CARLSBAD, COUNTY
THE MAP THEREOF SAID SAN DIEGO COUNTY, DECEMBER 9, 19% DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID TRACT 231; THENCE NORTH 28' 39’ WEST ALONG THE NORTHEASTERLY LINE OF SAID TRACT, A DISTANCE
OF 226.8 FEET TO THE MOST EASTERLY CORNER OF LAND C V@l T THE CARLSBAD UNION SCHOOL DISTRICT BY DEED DATED, OCTOBE d AND RECORDED IN BOOK 5834, PAGE 140 OF OFFICIAL RECORDS; TiENCE SOUTH 61' 21" WEST ALONG THE SOUTHEASTERLY LINE OF SAID LAND, 422.05 FEET TO THE MOST SOUTHERLY CORNER THEREOF: THENCE SOUTH 28' 39' EAST, 226.8 FEET TO THE SOUTHEASTERLY LINE OF SAID TRACT 231: THENCE
NORTH 61' 21" EAST ALONG SAID SOUTHEASTERLY LINE, 422.05 FEET TO
THE POINT OF BEGINNING,
PARCEL A2:
THAT PORTION OF TRACT 231 OF THE THUM LANDS, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO, 1681, FILED IN THE OFFICE OF THE RECORDER OF
SAID SAN DIEGO COUNTY, DECEMBER 9, 19% DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTHERLY LINE OF TAMARACK AVENUE,
DISTANT THEREON SOUTH 61' 21' WEST, 422.05 FEET FROM THE
INTERSECTION WITH THE WESTERLY LINE OF JEFFERSON STREET: THENCE NORTH 28' 39’ WEST, 226.80 FEET: THENCE SOUTH 61' 21' WEST, 136.30 FEET, MORE OR LESS, TO THE NORTHEASTERLY CORNER OF THE LAND DESCRIBED IN DEED TO GREGORY W, LOSA AND KATHERINE J. LOSA, HUSBAND
AND WIFE, RECORDED MARCH 11, 1958 IN BOOK 6989, PAGE 33 OF OFFICIAL
RECORDS; THENCE ALONG THE NORTHEASTERLY LINE OF SAID LAND CONVEYED
TO LOSA, SOUTH 28' 39’ EAST, 226.80 FEET TO THE SOUTHEAST CORNER
THEREOF BEING ALSO A POINT ON THE NORTHERLY LINE OF SAID TAMARACK AVENUE; THENCE NORTH 61' 21' EAST ALONG SAID NORTHERLY LINE, 136,30
FEET TO THE POINT OF BEGINNING,