HomeMy WebLinkAboutCT 93-04; Monarch Communities of California Inc; 1999-0472379; Public Facilities Fee Agreement/Release\~l~lIWnlYYYI\l~~RIRAAlllIWMYY 1999-04~2379 W DIE60 MIIMY REURDER’s ofmx
RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: 9MS
>
) City Clerk
CITY OF CARLSBAD ; 1200 Carlsbad Village Drive
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FOR INSIDE ?XE BOL@&ARIES OF C&&&NITY FA&L!TI#% OKI’RICT NO. 1
i pm&;, pia-591-07 V”
THIS AGREBl#ENT &entered into this $&! 0’ day of , kprff: ,1999,
by and between (name ~~~~~~~~er~~~er~ Monarch Corsnnanitiq of Cafifornia, Inc.
a (corporation, partnership;’ @&..i &&~~ation referred to as “Developer”
whose address is (street, city, stafe, B$. jr ,“15”4$;s .& bBG
c 180. : :;.- (-.
Laguna Niguel, CA 92667 ~-’ ” :I,, ‘I~~~-~~~~ CARLSBAD, a municipal corporation
of the State of California, hereinafter referred to as “City”, whose address is 1200 Carlsbad Village
Drive, Carlsbad, California, 92008-1989.
WITNESSETH:
WHEREAS, Developer is the owner of the real property described on Exhibit “A”, attached
hereto and made a part of this agreement, hereinafter referred to as “Property”; and
WHEREAS, the Property lies within the boundaries of City; and
WHEREAS, Developer proposed a development project as follows: a Second dwe11ing
unit n on said Property, which
2075 Las Palmas Dr., Car-bad, CA 92009 (760) 438-1161 Form Approved By City Council July 2, 199 1 Form 17A Resolution No. 91-194 Rev. 01/l l/96
&t/,0+
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9166
development carries the proposed name of Village Q-l, Rancho Carillo
and is hereafter referred to as “Development”; and
WHEREAS, Developer filed on the day of 3 19-Y with the
City a request for Second Dwelling Unit Administrative Permit
hereinafter referred to as “Request”; and
WHEREAS, the Public Facilities E: I+@neral Plan requires that the City Council , ,: -,- : ‘. ,-
find that all public facilities IU@&& to &&&a
;-- i ‘, ,1 .
l&p&t v&& mailable concurrent with need or z
such development shall not be&pproved @&&&
,, -h xs oh BIe &i& t&36@ Clerk and is incorporated
,: _ by this reference); and , ‘:
,( ‘(
WHEREAS, &$efop& &d City recognize the c&rectness of ‘floun&&ic y No. 17, dated July
2, 199 1, on file with ti City Clerk and incorporated by this reference, &$d that I$& City’s public facilities
and services are at cap +I WiU not be available to acc6mmodati tie
facilities and services r&&g &em the proposed Devek@ment; and
tional need for public
WHEREAS, Dev r l&s’ a&l&d the City to find t&t public $&ifities and services will be
,’ -’ available to meet the future ne& aftie- tietee ,_ ; i 3, -‘i.- @t-as if’is’pferj~~~‘~proposed; but the Developer is ‘, ,’ 0 ,j -3 ii i ; /
aware that the City cannot and will not’~~~-~~~~~~~~~~~ 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
1.82% 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&m &,.&&~ at that time. This fee shall be in addition
2075 Las Palmas Dr., CarJsbad; CA 92009 (760) 438-1161 Forrn Approved By City Council July 2, 1991 Form 17A
Resolution No. 91-194 Rev. 01/l l/96
* _ 9167
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 “entitlememjL t, except in reference to
mobilehome sites or pr permits for the construction of
underground or street im to the use or occupancy for
which the developmen+ ilities fee in the sum of
$598 for each mobil fee shall be paid prior
to the issuance of b&ding OT other construction permits for tht: de$&@&$$ This fee shall be in i 1 .-b ;, i ..“,
addition to any fees: tims or :$mprovements r&quire& acco$d& I ~~~~~~~~~ 18, 20 or 21 of the 3. ‘_ ,~ -.’ .-
Carlsbad Municipal Co& 1 -)’ Ve 1 )”
2. es in lieu of all or part
of the financial offers to donate a site or sites
for public facilities, the City shall con to accept the offer. The time for ‘. ?. i
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
Form Approved By City 2075 Las Palmas Dr., Car Council July 2, 1991 9 bad, CA 92009 (760) 438-1161 Form 17A
Resolution No. 9 l-l 94 Rev. 01/l l/96
9163
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.
lil 6. All obligations here event the Request made by Developer is
not approved.
d shall be dated and signed
party. Any such notice
of to the City or by
in a sealed envelope,
certified.
%atas ‘M-ail, addressed to the C&y at the’ forth herein, enclosed :,
the ‘City for z&e&ion of’ the,.
i’ _() I’ t, :I ;;:..
&to er, postage prepaid and
7.2 ry thereof to Developer or by
depositing the same in pe, 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 diW*dCh~t~At3°t create a lien or security interest in the
Form Approved By City 2075 Las Palmas Dr., Carl CA 92009 Council July 2, 199 bad, 1 4
Resolution No. 91-194
(760) 438-1161 Form 17A Rev. 01/l l/96
Property. When the obligations of this agreement have been satisfied, City shall record a release.
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CITY OF CARLSBAD
2075 Las Palmas Dr., Car CA 92009 438-1161 Form Approved By City Council July 2, 199 1 Y bad, (760)
Resolution No. 91-194 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
ommunities of California, Inc. BY:
db[ D&eloper) MARTIN ORENY
By:
(signak.Ge) izx=r( i<;,;6:l:&T-J’EST: ‘r.,:;,.-s’,L,~rri-~;..j~~ ,_,,, d d_
R. Gordon Craig
(print name)
Vice-president/&n
(title)
By:
3mey ,( 1L :,,, ,( ,J
(signature)
(print name)
(title)
(Notarial acknowledgment o~@&utiob’~$~’
(President or vice president A.&
Tli ust sign for corporations. If only one
officer signs, the corporation m the secretary or assistant secretary
under corporate seal empowering that ofjcer’to’b%d&e corporation).
(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., Carlgbad, CA 92009 (760) 438-1161 Form Approved By City Council July 2, 199 1
ResolutionNo. 91-194
Form 17A
Rev. 01/11/96
EXHIBIT “A”
LEGAL DESCRIPTION
Lot 33 of Carlsbad Tract No. 93-04, Ranch0 Carillo
Village Q, Phase I, per Map No. 13551, Recorded March 31, 1998. File No. 1998-0177218
(760) 43%llf& Form 17A
r Jane Mobaldi, Rev. 01/l l/96
STATE OF CALJFORNIA
On &$2?4- ~.Xf@?- bef7
Notary Public, personally appeared l ,
PQ
personally
known to me - or [ ] proved to me on the basis of satisfactory evidence to be the person@%hse
namej@jislfi subscribed to the wit&g~~ .acknowledged to me that he/m
executed the same in his $at by hislh&t4& signature@
on the instrument the per personW%ted, executed
~+u;wo;v,“,‘;‘;,;;,y~y@$& 2# y 1 ‘IT’ Of CARLSBAD s a mas Dr., Car sbad,‘CA 92009 (760) 43%llfp Form 17A
er Jane Mobaidi, Rev. 01/l 1196