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Home My WebLink AboutCT 93-04; Monarch Communities of California Inc; 1999-0472380; Public Facilities Fee Agreement/ReleaseL- . DOC # 1999-0472380 JUL 07s 1933 4:43 PPI m1clCY fiEcmDs W DIES0 COW RFIMIER’S OFFICE RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: > City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive ne for Recorder’s use whose address is (street, city, sk&lkjp referred to as “Developer” of the State of California, hereinafter referred to as “City”, whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008-l 989. 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 on said Property, which 2075 Las Palmas Dr., Carfbad, CA 92009 (760) 438-1161 Form Approved By City Council July 2, 1991 Form 17A Resolution No. 91-194 Rev. 01/I I/96 LA2 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 DwellineUnitstrative Pe&t hereinafter referred to as “Request”; and ” WHEREAS, the Public Faciliti res that the City Council find that all public facilities concurrent with need or such development shall I& lerk and is incorporated by this reference); and _ --’ : _ -: )( -, s. $2 -i, i.‘; ‘( 3, :y: ;. i’; 2 ‘,/ : -Ljl_ :” -c, ‘, .j ? >.: WHEREAS, I?e’tieldpg$ dnd City reca&&? !;“‘I 33; “c&e&& o~~u~~~~~~~icy No. 17, dated July 2, 1991, on file with & C;ie &rk and incorporatei by this refereme, ‘$d City’s public facilities and services are at L&Z&’ &d &ti ‘no8 be available to aec&no tional need for public facilities and services WHEREAS, De and services will be available to meet the future n8’ d; but the Developer is aware that the City cannot financial assistance to , i, 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 AWBpp~~~~%WA8 i n at that time. This fee shall be in addition 2075 Las Palmas Dr., Car Form Approved By City Council July 2, 1991 !f bad, CA 92009 (760) 438-1161 Form 17A Resolution No. 9 1 - 194 Rev. 01/l l/96 9175 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 si.“‘“Ti-ee-i,; construction permit” and mobilehome sites or projects, underground or street imp which the developmenE 3s $598 for each mobile&me to the issuance of b&l addition to any fees,’ ent, except in reference to permits for the construction of to the use or occupancy for ilities fee in the sum of fee shall be paid prior This fee shall be in 18, 20 or 21 of the of the financial lities in lieu of all or part offers to donate a site or sites ed 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. CITY OF CARLSBAD 2075 Las Palmas Dr., Car Form Approved By City Council July 2,199 1 Resolution No. 91-194 9 bad,‘CA 92009 (760) 438-1161 Form 17A Rev. 01/l I/96 9176 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 here : ,_ not approved. 7. c,:;,:-: i by the party giving SW& rep ,- event the Request made by Developer is d shall be dated and signed party. Any such notice shall not be effective Brand ’ ,’ 7.1 : :, .& no&e is given to the City of person&l ‘( ‘( _ _‘: i:: depositing same in the $hti+il, addressed to the (By at th$ -3 ., ,) in a sealed envelope, %Q the &ty for aftem& of t )‘, ,.;’ ,,-ii; ir ,> :. ,, ‘i, -x;r3:-” _ ). 2,: >- :, of to the City or by certified. r, postage prepaid and 7.2 ery thereof to Developer or by depositing the same in t nvelope, 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 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 b wv%HJ#~tiA8 1 ot create a lien or security interest in the 2075 Las Palmas Dr., Carl Form Approved By City Council July 2,199 1 4 bad, CA 92009 (760) 438-1161 Form 17A Resolution No. 9 1-I 94 Rev. 01/l l/96 9 17’7 Property. When the obligations of this agreement have been satisfied, City shall record a release. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CITY OF CARLSBAD 2075 Las Palmas Dr., Carl bad, 5 CA 92009 (760) 438-1161 Form Approved By City Council July 2, 199 1 Resolutkn No. 91-194 Fom 17A Rev. 01/l l/96 9173 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 unities of California, Inc. BY: (signat&) R. Gordon Craig (print name) Vice President/ (title) .&; Ass@nt city Clerk (,_ :$..’ By: ,’ -, : (signature) (print name) ,;: 1L ‘: --) ‘I (Notarial acknowledgment -~~~t~~~~~~ attached). (President or vice president Aa officer signs, the corporation mu sign for corporations. If only one il. i : s!@ e secretary or assistant secretary 2 ,,i ilme,,t :” 21% under corporate seal empowering that oflcer to 6lnd the corporation). (If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument). CITY OF CARLSBAD 2075 Las Palmas Dr., Form Approved By City Council July 2, 199 1 Cartbad, CA 92009 (760) 438-1161 Resolution No. 9 1 - 194 Form 17A Rev. 01/l l/96 . ’ . 9173 EXHIBIT “A” LEGAL DESCRIPTION Lot 36 of Carlsbad Tract No. 93-04, Ranch0 Carillo Village Q, Phase I, per Map No. 13551, Recorded March 31, 1998 File No. 1998-0177218 i I* ‘j .’ I,. 1,; ,,- =, 1; ” *>,& 2, v: j,% jf ,:s 1 _,x il_ I,. “ : ,- 1: .,( 3: ; (‘&, 2’; 1. _ y -3;;” Xl _, -, 1; Bj( i _ .- .(.. i(_ ,( ., :.lr,,,~&,*i- .,.i~h~, ; ;‘yL it ,:I” jis 1 ,3 , i,.- “z3~,:;y.i;I,: ‘-“,~.y ,i 33 , ai -1.: : -2 3’;: ‘;.,.,:h.‘- , :( i_ (_ ;: .I( _ ,rr-$L,br;;,:i.,: _ 0” $ -n P i’= _ i -3 =,-is : 3E;‘T;ifin,- ;- )(i -,‘( -.g;: , : 1 _ ,,” ,- ,- i,: *< , BiJk& z: :, (_ 5,” 1” ,i “F 1 4 1: _ -3’ ,, _ 3. i 5; 7 i,L .- i,(. ,X i’, ,- i-$: 1’ iF is< -#a ” %3 ‘C ;: ((.( -.:.~ ,, y! Fp 3’: ;,v _ i ,: ‘ g -,3 I II” ‘i I,’ _i._- )I ,( iJ‘ i--“3*” i ) -,. 0 p “i&jr A, ,i = b’: 1 .‘$ )3 ~~lu~~~~~~~l~~~~~~~~~ z&9’ ‘IT’ y CARLSBAD Form 17A as a mas Dr., Car sbad, CA 92009 (760) 438-M& r Jane Mobaldi, Rev. 01/l l/96 . STATE OF CALIFORNIA 918il . COUNTY 0 Notary Public, personally appeared 9 N personally known to me - or [ ] proved to me on the basis of satisfactory evidence to be the perso&$whose name@ is/Hsubscribe executed the same in his z+nowledged to me that he/&&key ‘” “( by hishW signatureCs3 %he person(Wted, executed ,: ,’ on the instrument the pe F&y die . , ; ,3. i’i ,‘- ‘Lr. (, _ I -x: “3’ : _‘! the instrument. - i ,‘ ;, ,,( ), flL;L, .@,j -; =.A,. = .(( (,: ,/ ,, ‘( -,i :, __ : ‘,, , ,. i? =< 3: -I .) )” _‘> i 1; ;I’ : 4 Li ’ ‘, ., ;I. 3’“‘ =:3, ic ii :,r i.,* ,,L ‘-2. B- ,li i ,‘f 5’ ,li ,.~ J.‘, Ei, WITNESS my hand-& ; : -’ $ -39 1, : -‘I >“, ,a=.-- 33.: .- ‘( ‘, ,- ,: =‘- B: : : ; :‘J -,,: ‘IT’ Of CARLSBAD Dr., Car sbad, CA 92009 (760) 43%llf& Form 17A r Jane Mobaldi, Rev. 01/l l/96