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Home My WebLink AboutCT 85-21; First International Bank; 1993-0491992; Public Facilities Fee Agreement/ReleaseRECORDING REQUESTED Pr AND WHEN RECORDED MAIL TO: *3OC # 1993-0491992 i50-JUh-1993 11=47 All City Clerk cm OF CARLSBAD I 200 Carlsbad Village Drive Carlsbad, California 92008-l 989 OFFICIAL RECORDS SfiN HEGO COUNTY RECORDER’S OFFICE COUNTY RECORDER 1658 FEES : 26.00 Space above this line for Recorder’s use Parcel No. 725Z s CKXI -50 AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CRY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FAClLlTlES FEE FOR INSIDE THE BOUNDARIES OF COMMUNllY FAClLlTlES DISTRICT NO. 1 ,cA THIS AGREEMENT is entered into this 23 day of 9 194,3 by and between finf/c ~x.@~,u,K?&IJAL ,Q?IK (name of developer-owner) a I hereinafter referred to as “Developer” whose address (corporation, partnership, etc.) EMMU mz 04 9/9/o (city, state, iip code) and the ClTY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as “City”, whose address is 1200 Carlsbad Village Drive, Carlsbad, 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: 35 %IXLE on said Property, which development carries the proposed name of ,%?& HEW eps’r c?‘-z?FZ/ > Form Apprwod By City Council July 2. lQQ1 Row # 91-lS+KJH 1 l ‘. . . and is hereafter referred to as “Development”; and 1659 d WHEREAS, Developer filed on the 3- day of ? /,’ uw , 193 with the City a request for d/y CeK, - -LF /y&y /+ / 7%%T ,_~_ y$F 7 fi. L-;’ f-/f- &7&y / 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 senrices 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. 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 1.8296 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 Form Approwd 6y City Council July 2,199l Reso # Ql-19UKJH 2 . 1660 to,Titles’l8, 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 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”, q 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 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. ff 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 Fom Approved By Cily Council July 2 1991 Roao # 91.194KlH 3 * Developflent shaH 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 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 lf 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 Cii Manager, postage prepaid and certified. 7.2 tf 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 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 Approved 6Y City Council JUry 2,199l &8o # Ql-194/KJH 4 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 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. Form Appmod By City Cam4 July 21991 ho X Ql-194iKJH 5 1 - . . i&&?/-,7- ‘3 tt - hi/% Dcsc+%m”/ I663 PRELIMINARY REPORT PAGE NO. 5 LEGAL DESCRIPTION ORDER NO. 9218757-SM That portion of Parcel 4 of Parcel Map 13524, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, October 28, 1984 as File No. 84-403293 of Official Records, including a portion of Mission Estancia dedicated on said Parcel Map, described as a whole as follows: Beginning at the most Westerly corner of said Parcel 4; thence along the _ Southwesterly boundary thereof South 42"29'57" East, 76.71 feet to the most Westerly corner of the land described in deed to the City of Carlsbad, recorded November 1, 1985 as Document No. 85-411417 of Official Records; thence along the Northeasterly line of said land South 64"37'04" East, 464.92 feet to a point in the arc of a 958 foot radius curve, concave Westerly, in the Westerly line of said Mission Estancia; thence along a radial line of said curve South 71"41'37" East, 42.00 feet to a portion in the arc of a l,OOO.OO foot radius curve in the center line of said Mission Estancia; thence along said center line Northerly along said curve through an angle of 3"18'23", a distance of 57.71 feet; thence tangent to said curve North 15"OO' East, 400.00 feet to a tangent 900 foot radius curve, concave Westerly; thence Northerly along said curve through an angle of 32"18'00", a distance of 507.37 feet to the most Northerly corner of said Parcel 4; thence along the Northerly and Northwesterly boundary of said Parcel 4 as follows: South 72"42'00" West, 77.00 feet; South 40"33'22" West, 166.07 feet; South 61"58'30" West, 99.97 feet; South 34"56'26" West, 440.09 feet; South 42"58'12" West, 135.95 feet; and South 23"21'26" West, 18.41 feet to the POINT OF BEGINNING. . EXCEPTING THEREFROM all water, water rights, oil, oil rights, minerals, mineral rights, natural gas, natural gas rights, and other hydrocarbons by whatsoever name known, geothermal steam, and all products derived from any of the foregoing, that may be within or under the parcel of land described on this exhibit, together with the perpetual right of drilling, mining, exploring and operating therefor, and storing in and removing the same from said land or any other land, including the right to whipstock or directionally drill and mine from lands other than those hereinabove described, water, oil or gas wells, tunnels and shafts into, through or across the subsurface of the land hereinabove described, and to bottom such whipstocked or directionally drilled wells, tunnels and shafts under and beneath or beyond the exterior limits thereof, and to redrill, retunnel, equip, maintain, repair, deepen and operate any such wells or mines, without, however, the right to enter upon, drill, mine, store, explore and operate on or through the surface or the upper five hundred (500) feet of the subsurface of the land hereinabove described. 04/07/93 kms . . . - I IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as ‘664 of the date first written above. DEVELOPER-OWNER: CITY OF CARLSBAD, a municipal BY (print name) dd 4. /GC/J (title) BY (signature) (print name) (title) Al-l-EST: APPROVED AS TO FORM: RONALD R. BALL, City Attorney BY ’ Deputy Cii Attorney (Notarial acknowledgement of execution of DEVELOPER-OWNER must be attached.) Form Approvad By Ctty Council July 2,lQQl Reso # Ql-1WKJH 6 State oi CALIKRNIA county of San Diego On 06-30-1993 before me. Heady Jean Davis . OAW uy rnLCoFQru:El FG 'uMoa.rgtm- personally acweared ---- Cm We Sou-thw-i& ------------_----------- . 1 wMu3I gr s~ncs, IQ personally known 10 me-B to k m0 ~nw-wh~~ wfw&h- s~bmbad’to m0 wtthin irbstru~ and ac- kmwbdged to tn. eOX@CUtUl WAcfm CWED EY SIGNER 3 0 IM)MOUWS) : a cm= Sr. Vice Pres.1 Of%EAlS) ‘1RElSb 0 PmmmfS) 0 A~ORNEY4N-FACT 0 mfm 0 suescRlaw3 WTmEss 0 t3uAml~oNsEnvAron 0 07MEn: the same in M4&8tM+ ruthoritod capacltyfie+, and that by lvW@AML slgnature(sjm me im ttm pwson(@. 0rttmcmtityupon~dwhich~poMn~ smmsREPFIEsammi: acted. executed the Wtfumnt. mua 0 macms~ 01 eknrvmm Wiimyhandand~~. First International E3ank . Arromac NoTAnY: Aam&@ - --me @k-m --. ; 4 THIS CERTIFICATE TiicxTypmmoaJrnont Agreement , , MUST 8E ArrACHEO TO THE DOCUMENT NumkrdPagas six oodoaamutt : DESCAleED AT RIGHT: siiS)OthOfThurNurnd~ : 1