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Home My WebLink AboutCT 92-09; Duro, Irene and Golden Sunset Ltd; 1992-0845335; Public Facilities Fee Agreement/Release* ? . . RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: > C’b ry Cl&-~ > CITY OF CARLSBAD 1200 CarIsbad Village Drive ) j,. 1 Carlsbad, California 92008 />) ) fib I980 lmc # 1992-0845335 31-DEC-1992 1#=;47 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER’S OFFICE EVANS 3 COUN;;E;ECORDER 10.00 : 26.00 15.00 1.00 Space above this line for Recorder’s use ParcelNo.a06-070-B~,2O6-~,3-1z, ;3.,++ ,7 / AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 2 5 fc day of d0J&&f , 19 9z by and between GOTJIRN SUNSET, LTD - (Name of Developer) a Limited Partnership , hereinafter referred to as “Developer” whose address is 11315 Ranch0 Bernard0 Road, #133, San Dieqo, CA 92127 (Street) (City, State, Zip Code) and Irene P. DUO (Name of Legal Owner) a n individual , hereinafter referred to as (Individual, Corporation, etc.) “Owner” whose address is 475 Front Street, #514, Lahaina, Maui, HI 96761 (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 CarIsbad Village Drive, CarIsbad, California, 92008. Form Approved By City Council April 22, 1986 Rexa. No. 9169 1 L-l- w- 9 WJ e-9 REcxrm 1981 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: a 3 unit Townhouse project on said Property, which development carries the proposed name of Sea Gables and is hereinafter referred to as “Developer”; and WHEREAS, Developer filed on the 2 5”’ day of ~OJ pr, bt / , 19E with the City a , request for a Tentative Tract Map and a Planned Development Permit 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 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 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 and Fom Approved By city council April a1986 Rem. No. 9169 2 1982 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 covenants 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 of 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 of occupancy for which the development is intended. Developer and Owner shall pay the City a public facilities fee in the sum of $1,150 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 Form Approved By City Council April 22,1986 Reso. No. 9169 * r Owner 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 Cit+ 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 service sufficient to accommodate the needs to the Development herein described. 6. All obligations hereunder shall terminate in the event the Requests made by Developers 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 -Form Approved By City Council April 22,1986 Rem. No. 9169 4 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 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 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? obligations hereunder. 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-3 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. Form Approved By City Council April 22,1986 Reso. No. 9169 5 . . * . . ’ , , 1985 STATE OF HAWAII ) ) ss. COUNTY OF MAUI 1 On this 20th day of November, 1992, before me personally appeared IRENE P. DURO, to me known to be the person described in and who executed the foregoing instrument, and acknowledged that she executed the same as her free act and deed. . I, in and for said County and State. My commission expires: w-id~~~ STATE OF CALIFORNIA set/ D/-E- > 5s. s COUNTY OF _____~ x E On -Y3k!WqB&, before me, the undersigned, a Notary Public in and for s al said State, personally appeared. T/m J nw~~2~e T .I! --. ___-__ k z ______- __~ ___- f 2 known to me to be the partners of the partnership 25 that executed the within instrument and acknowledged to me that such partnership executed the same. e&-Y cm=usLL Name (Typed or Printed) (This area for official notarial seal) IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. OWNER: DEVELOPER: IRENE P. DURO (N=d GOLDEN SUNSE’I.. L”& (Signature) A CALIFORNIA LIMITED PARTNERSHIP L--Y (Name) (Signature) TITLE: GENERAL PARTNER (Name) By: (Signature) TITLE: ATTEST: APPROVED As TO FORM: CITY OF CARLSBAD, a municipal corporation of the State of California A&g Cic Attorney (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) Form Approved By City Council April 22, 1986 Rcso. No. 9169 EXHIBIT “A” LEGAL DEXRIPTION PARCEL 1: THE NORTHWESTERLY 120.0 FEET OF THAT PORTION OF BLOCK "W" OF PALISADES NO. 2, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1803, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 25, 1924, LYING SOUTHWESTERLY OF THE SOUTHWESTERLY LINE OF THE NORTHEASTERLY 300.0 FEET OF SAID BLOCK "W". PARCEL 2: LOTS 5, 6, 7 AND 8 IN BLOCK "I" OF PALISADES, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1747, FILED IN THE OCUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 5, 1923, ‘EXCEPTING THEREFROM SAID PARCELS 1 AND 2, THOSE PORTIONS LYING WITHIN STATE HIGHWAY 101, Xl-SD-2-B, KNOWN AS CARLSBAD BOULE- VARD, AS GRANTED IN DEEDS, BOOK 288, PAGE 258 OF OFFICIAL RECORDS, RECORDED MAY 2, 1934, IN BOOK 453, PAGE 339 OF OFFICIAL RECORDS, RECORDED DECEMBER 13, 1935. Form Approvai By City Council April 22, 1986 F&o. No. 9169 7