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HomeMy WebLinkAboutCT 89-34; Lee, Joseph and Pao and Tung; 89-700949; Public Facilities Fee Agreement/Release._, 1.. :,; *- : I, 2303 89 700!-9 * . . RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: w-7mwf ,-+ . . jr_.*.-r, ; ; * t.:l,y,;j;:!i rbj I -f i;T-r‘.‘ii’3QS CITY OF CARLSBAD / j? * “y<- :‘-;.;;;‘;:.;ro , 1200 Elm Avenue '; d, 89&X27 Ptf t:tO RF \I ‘T Carlsbad, California 92008 ,AR ‘+ i t,, VERA L. _~ * i-E f MG I _ SpaceL’knZ~ Recorder’s use r , Parcel No. 215-360-10 AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into lis /o&day of &)h 19 fl by and between F&ertM.Caq%ellDevelO~t (Name of Developer) -- a Corporation , hereinafter referred to as (Corporation, partnership, etc. ) “Developer” whose address is 1568 Highland Drive (Street) solana Beach, CA 92075 (City, State, Zip Code) @r-Kong Tung, Joseph Ya-Min l&e and Ning-Tzyy Chang Lee, and Raymnd & Rosalie Pa0 and (Name of Legal Owner) a Individuals , hereinafter referred to as (Individual, Corporation, etc. ) “Owner” whose address is SEE EXHIBIT "B" (Street) (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 1200 Elm Avenue, Carlsbad, California, 92008. REV 7-28-87 j ‘. iI. /. .- . r ~ ’ 1 . 2304 RECITALS WHEREAS, Owner is the owner of the real property described on Exhibit “A”; attached to 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 has contracted with Owner to purchase the Property and proposes a development project as follows: 4 Hat-ePlannedDevel~t on said Property, which development carries the proposed name of Los cuatios and is hereinafter referred to as “Development”; and WHEREAS, Developer filed on the /w day of u I 19Y? I with the City a request for 4 UnitPlannedDevelo~t& * TentativeMap 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 28, 1987, on 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 -2- REV 7-28-87 41, .‘-: 2 2305 -’ WHEREAS, Developer and Owner have 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 and Owner are aware that the City cannot and will not be able to make any such findings without financial assistance to pay for such services and facilities; and therefore, Developer and Owner propose 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 convenants contained herein, the parties agree as follows: 1. The Developer and Owner shall pay to the City a public facilities fee in an amount not to exceed 3.5% 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 and Owner shall pay a fee for conversion of existing building or structures into condominiums in an amount not to exceed 3.5% 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”, “other construction permit” and “entitlement for use” as used in this agreement, except in reference to mobile home 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. -3- REV 7-28-87 Developer and Owner shall pay the City a public facilities fee in the sum of $;, 150 for each mobile home 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 and Owner 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 and Owner offer 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. 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. -4- REV 7-28-87 5. City agrees to provide upon request reasonable assurances to enable Developer and Owner 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 by 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 ensure to the benefit of, and shall apply to, the respective successors and assigns of Developer, Owner and the City, and references to Developer, Owner or City herein shall be deemed to be references 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. -5- REV 7-28-87 i . - (’ L. 2308 -, . At such time as Owner ceases to have any interest in the Property, . all obligations of Owner hereunder shall terminate; provided, however, that if any successor to the Owner’s interest in the Property is a stranger to this agreement, such successor has first assumed the obligations of owner in writing in a form acceptable to City. 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. IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. OWNER: DEVELOPER: - 1 . Ker-Kona Tuna a a J”-= /&Y (Signature)\ / Josech Ya-~~~fk~ & tiinq-Tzyy Chanq Lee RcbrtM.~,bell 1568 Hiqhland Drive TITLE President BY TITLE ATTEST: CITY OF CARLSBAD, a municipal corporation of the MARTIN URENYAi&J For City Manager . -APPROVED AS TO FORM: . 4L.n VINCENT F. BIONDO, JR.,’ City Attorney (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached. ) -6- REV 7-28-87 STATE OF CAL,, 3RNIA . .ci~r~~ D. ec, 6 al z P-i- /o f I983 before me, the undersigned, a Notary Public in and for ii said State, personally appeared f&bed- A. &so-obe,, <> .E E , personally known to me (or proved to me on the UP Hg basis of satisfactory e e persons who executed the within instrument as iiE dY3Ecretary, om ^ 56 gob-e/J P-, C‘aesbeIl Deue,Iopm~~ j .._ @ rio kc the corooration therein named. and acknowledaed to me that E r t;: 0,s such corporation executed thewithin instrument pursuant to its I by-laws or a resolution of its board of directors. is ? y hand and official seal. ‘p : 8 STATE OF CALIFO NIA ZOUNTY OF & n Diego On September 18, 1989 jss. ,before me, the undersigned, a Notary Public in and for said State, personally appeared KER-KONG TUNG Hj@a (or proved to me on the basis of satis- - factory evidence) to be the person(s) whose name(s) is/are sub- scribed to the within instrument and acknowled ed to me that he/she/thev executed the same. 3 GENERAL ACKNOWLEDGMENT NO. 201 State of lII%TJImmIA On this the Is’ day of September I$!!+ before me, LQS AN(3EziEs > ss. 'XNNIEFWBE County of the undersigned Notary Public, personally appeared JOS3PHYA-MINLEE andNINGTZYYCHANG= U personally known to me XX proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) al22 subscribed to the within instrument, and acknowledged that they executed it. d official seal. 2310 - (Individual) STATE OF c&“Fmu COUNTY OFswh CLMA- ss. On %Pio1. W59 before me, the undersigned, a Notary Public in and for said State personally appeared eo%I 1 L’ 6@? . .-roved to me on the basis of satisfactory evidence) to be the person whose name 14 subscribed to the within instrument and acknowledged that executed the same. Witness my hand and official seal. (Thll .IU for &i&l n&rid ul) SAV-191 (2/&B) (Individual) STATE OF I-Aur-l A COUNTY OF %mA CtA@ “’ On State personally appeared w proved to me on the basis of satisfactory evidence) to be the person whose name .& subscribed to the within instrument and acknowledged that executed the same. Witness my hand and official seal. Signature YJ. fJ&qc\~a, Name (Typed or Printedp SAV-191 (2/M) L . .; 1 .., *’ 1 . EXHIBIT “A” LEGAL DESCRIPTION ,3ii Lat 522 of LA COSTA MFADCWS UNIT NO. 3, in the City of Carl&ad, County of San Diego, State of California, according to Map thereof No. 7076, filed in the Office of the County F&corder of San Diego County, October 6, 1971. .p - .~ .’ * *( /I *- . ‘ -. -- ADDRESS A) K&r-Kong Tung 3093 Race Track View De1 Mr, CA 92014 (619) 481-3182 B) Jclse r Ya-Min and Ning-‘lzyy Chang Lee 288 69 Garnet Hill court Agoura, CA 91301 (818)991-8149 - 2312 C) Bqnrxd and Baalie Pao 26131 Elena Road LLE Altos Hills, CA 94022 (415)948-3736 I, li! ’ :r .,a4 SL . . -... . .