HomeMy WebLinkAboutCT 93-04; Monarch Communities of California Inc; 1999-0472378; Public Facilities Fee Agreement/Release. .
. DOG # 1999-0472378
: “JUL 07, 1999 4:43 FPI
RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: >
1 City Clerk
CITY OF CARLSBAD ; 1200 Carlsbad Village Drive > Carlsbad. California 92008-1989
1999-0472378
e$his line for Recorder’s use .;L”‘::;:,::fi,f,;r&j&g i “,D i_ _Ili i )( ‘;?k‘--i’,, ,;;,;,.;r k&f ,L ?: g;;,;:$y~t;:~ i; L’S * Si / =. ,,
,:, ..~ti’- ‘i i :i >-;L:,;:,$),:-,: > *> = i,,_ a:; ?b W”‘= f.=
,, ;I~ .’
yc i”‘” yb 3. -i ,P “SF ;,, ;*“19’ “tg::?+3c,,,:
(_ ii
il)( 3F@ ,,; .,; 4: tigt -,:; $p#$p
i = % .‘i -8” ?i: !:. Z i;l’i- ; “,i,&B,. ,I: il. I.,,i q* 6’s
‘Zi. F1’
FORINSIDE STRICT NO. 1 * ,: 2 .- 1 ,: ,( 2’ ,. ,,;
THIS AG
), by and between (na&‘iy .:” .- ‘_,’
a (corporation, partne
whose address is (stre
referred to as “Developer”
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: a Second dwelling
unit on said Property, which
2075 Las Palmas Dr., Carfbad, CA 92009 (760) 438-1161
development carries the proposed name of Village Q-l, Ranch0 Carillo
and is hereafter referred to as “Development”; and
WHEREAS, Developer filed on the day of ,19-Y with the
City a request for Second Dwelling: Unit Administrqtive Permit
hereinafter referred to as “Request”; and
WHEREAS, the Public Fa
find that all public facilities n
1 Plan requires that the City Council
e concurrent with need or
such development shall not Clerk and is incorporated
by this reference); and : ,” ‘, -, ” )I -. .- ;,i --p 7,: .; i : f 4. of:g?+j In WHEREAS, &$& $id &/ rti$i*e;e: f’co~ec&~; icy No. 17, dated July iii -u ‘0 )), ::
2, 1991, on file with CiG Clerk and incorporated by this reference, hd #&$# City’s public facilities ,. <‘ ,a, .‘
and services are at c ’ &‘B& T&I ‘mt be available to a&&mm0 tional need for public
facilities and services re _ i -3 _
ties and services will be
available to meet the proposed; but the Developer is
aware that the City cannot and will not’&! ut financial assistance to
pay for such services and facilities; and therefore, Developer proposes to help satisfy the General Plan as
implemented by Council Policy No. 17 by payment of a public facilities fee.
NOW, THEREFORE, in consideration of the recitals and the covenants contained herein, the
parties agree as follows:
1. The Developer shall pay to the City a public facilities fee in an amount not to exceed
1.82% of the building permit valuation of the building or structures to be constructed in the Development
pursuant to the Request. The fee shall be paid prior to the issuance of building or other construction
permits for the development and shall be <TbP&iWi$ at that time. This fee shall be in addition
2075 Las Palmas Dr., Car Form Approved By City Council July 2,199 1 !f bad, CA 92009 (760) 438-1161 Form 17A
Resolution No. 91-194 Rev. 01/l l/96
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 1.82% 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 “entitl
mobilehome sites
underground or street im
0
which the develop
$598 for each mobil
to the issuance o .’
addition to any fees,.
Carl&ad Munic
ent, except in reference to
permits for the construction of
&,to the use or occupancy for
ilities fee in the sum of _ ‘- b:.,,r
fee shall be paid prior
This fee shall be in
18, 20 or 21 of the
cilities in lieu of all or part
onate a site or sites
ffer. 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. CITY OF CARLSBAD
2075 Las Palmas Dr., Car Form Approved By City Council July 2, 199 1
Resolution No. 91-194 $ bad, CA 92009 (760) 438-1161 Form 17A
Rev. 01/I f/96
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.
not approved.
event the Request made by Developer is j;+:,“;--‘ I,-‘=;::;;i,‘j$& _ ,- 9: :,; ni,~ :b
7. Any notic&
)_ ,(
shall be dated and signed
by the party giving such notice’& by a duly a i fw such notice
: shall not be effective b an$p@pose Whatsoever k&,$s ‘served’i~~ one
7.1 L f8iotice is given to the City of person&d of to the City or by
depositing same in t~-~~~~~~~~ il, addressed to the Cky ai thd forth herein, enclosed ’ _ 7. 3. ‘, : :. :p i 1 o ; ,I ‘i -,(
in a sealed envelope, r, postage prepaid and
certified.
7.2 thereof to Developer or by
depositing the same in the United St Ied envelope, addressed to Developer at j
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 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 cwmk%kti~%Ae 1 ot create a lien or security interest in the
2075 Las Palmas Dr., Carl bad,‘CA Form Approved By City Council July 2,199l 4 92009 (760) 438-1161 Form 17A
Resolution No. 91- 194 Rev. 01/I l/96
Property. When the obligations of this agreement have been satisfied, City shall record a release.
. . .
. . .
. . .
. . .
. . .
. . .
. . .
. . .
. . .
. . .
. . .
CITY OF CARLSBAD
2075 Las Palmas Dr., Car Form Approved By City Council July 2, 1991
Resolution No. 91-194
Y bad, CA 92009 (760) 438-1161 Form 17A Rev. 01/l l/96
.
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
Mondch dommunities of California, Inc. Rv:
By:
(sigxkre) \
R. Gordon Craig
(print name)
(title)
By:
(signature) ”
(print name) / )_i )(
(title) 93~2 -,/, I “; ; ;i3, ‘- :r
(Notarial acknowledgment ~$&~~Wok if2
(President or vice president A&&
officer signs, the corporation must a
under corporate seal empowering that ojker id%%8%&
sign for corporations. e secretary or assistal borporation).
If only one
rt secretary
(If signed by an individual partner, the partnership must attach a statement of partnership authorizing
the partner to execute this instrument).
CITY OF CARLSBAD
2075 Las Palmas Dr., Form Approved By City Council July 2, 199 1 Cartbad, CA 92009 (760) 438-1161
Resolution No. 9 l-l 94
Form 17A
Rev. 01/l l/96
EXHIBIT “A”
LEGAL DESCRIPTION
Lot 21 of Carlsbad tract no. 93-04, Ranch0 Carillo
Village Q, Phase I per map no. 13551, Recorded March 31, 1998
File No. 1998-0177218
9163
C’TY g CARLSBAD Form 17A Dr., Car sbad, CA 92009 (760) 43%ll$& Jane Mobaldi, Rev. o1,1 1,g6
. .
w STATE OF CALIFORNIA
COUNTY OF
916;3
Notq>ublic, personally appeared $(j personally
known to me - or [ ] proved to me on the basis of satisfactory evidence to be the persodhose
nameH is/& subscribe ed to me that he/+%+&key
executed the same in hi his&&k&- signature&
on the instrument the per erslowacted, executed
the instrument.
WITNESS my han&
CITY y CARLSBAD as Dr., Car sbad, CA 92009 (760) 43%ll@, Jme Mobaldi, ,,,“~~, :z