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HomeMy WebLinkAboutCT 93-09; Ocean Bluff Partnership; 1993-0555435; Public Facilities Fee Agreement/ReleaseI . . RECORDING REQUESTED - ’ AND 1 WHEN RECORDED MAIL TO: ; --MC II 1993-0555435 2S-AU@-1993 02~04 Pp1 City Clerk Crry OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, California 92008-l 989 1 38 OFFICIBL RECORDS 1 !H D~~ITIO COUHTY RECOR0ER’S OfFICE ; RF: HTTE EE; COUH;;~EECORDER I5ko : fF: 26.00 ,._-. Space above this line for ‘becorder’s%#e 1 ! Parcel No. 215-070-16 AGREEMENT BElWEEN DEVELOPER-OWNER AND THE CllY OF CARLSBAD FOR THE PAYMENT OF A PUBUC FACILlTlES FEE FOR INSIDE THE BOUNDARIES OF COMMUNl-iY FAClLlTlES DISTRICT NO. 1 /A THIS AGREEMENT is entered into this 9 day of %j by and between OCEANBLUFF PARTNERSHIP I 163 (name of developer-owner) a ) I hereinafter referred to as “Developer’ whose address (corporation, partnership, etc.) is 4370 La Jolla Village Drive, Suite 990, San Diego, Ca., 92122 (street) (city, state, zip code) and the CrrY OF CARLSBAD, a municipal corporation of the State of C&fomia, hereinafter referred to as “City”, whose address is 1200 Carl&ad Village Drive, Carl&ad, California, 92008- 1989. WITNESSETH: WHEREAS, Developer ls,Ue owner of the real Property described on Exhibit *A”, attached hereto and made a part of this agreement, hereinafter referred to as ‘Prq@Iy”; and WHEREAS, the Property lies within the boundaries of Cii; and WHEREAS, Developer proposed a development project as follows: A Single Family Residential Subdivision with alMtilti Farnily Residential Lot on said Property, which development carries the proposed name of Oceanbluff Form Appmmd By City Council July 2.1991 Fho # 91-194/KIH 1 8 , . 1 and is , hereafter referred to A “Development”; and 39 WHEREAS, Developer filed on the 5++ dayof &G&- I la with the City a request for Tentative Map, Hillside Development Permit, Site Develmment and Zonk Change “R8qUeSt“; and hereinafter referred to as 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 efement 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 2, 1991, 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 servlc8s resulting from the proposed Development; and WHEREAS, Developer has asked the City to find that public facilities and services will be available to meet the future n88ds of the tbv8k~pmm? as it is presently proposed; but the Developer is aware that the City cannot and will not be ebf8 to make any such flndlng without financial assistance to pay for such s8rvic8s and faciBs; and therefore, Developer proposes to help satisfy the General Plan as implemented by CUJ&! P&y No. 17 by payment of a public facilities fee. NOW, THEREFORE, in consideration of the reci#s end the covenants contained herein, the parties agre8 as follows: 1. The D8v8lOper shall pay to th8 City a public faciliti8s fe8 in an amount not to exceed 1.8296 of the building permit valuation of the building or structures to be cOnstn.&d in the DeV8lOpm8nt pursuant to the Request. The fee !&a# b8 paid prior to the issuanc8 of building or other construction permits for the development and shall b8 based on the valuation at that time. This fee shall be in addition to any fees, d8dic&ons or improvements required pursuant Form Approved By Clry Council July 2,lSQl Reso # 91-194KJH 2 40 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 “entitlement for use” as used in this agreement, except in reference to mobilehome 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. Developer shall pay the City a public facilities fee in the sum of $598 for each mobilehome 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 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. lf Developer 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 agrwm8nt. 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. ff 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 Form Apprwod Sy City Council JuIy 51991 Reao # 91-194KlH : 3 41 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 services sufficient to accommodate the needs of the Development herein described. 6. All obligations hereunder shall terminate in the event the Request made by Developer is not approved. 7. Any notice from one party to the other shall be in writing, and shall be dated atid signed by the party giving such notice or by a duly authorited representative of such party. Any such notice shall not be effective for any purpose whatsoever unless S8nI8d in one of the following manners: 7.1 lf notice is given to the City of 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 lf notice Is given to Developer by personal delivery thereof to Developer or by depositing th8 same in the kited States Mail, encfOS8d in a Sealed envelope, 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 Form Apprwod By City Council JuJy 2,199l Rosa # 91-19WJH 4 - 42 successors and assigns without specific mention of such successors and assigns. lf 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 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. . . . . . . . . . . . . . * * . * . . . . . . . * . . . . . . . . . . . . * . . . . . . . . . . Fm- Sy City Council July 21991 Rmo # 91.lWK.lH . 5 . - I IN WKNESS WHEREOF, this agreement is executed in San Diego County, California as 43 of the date first written above. DEVELOPER-OWNER: Robert L. Wineteer (print name) (title) BY (signature) (print name) (title) AnEST: ALETHA L RAUT;NKRANZ, Cii Clerk APPROVED AS TO FORM: RONALD R. BALL, City Attorney . BY I “deputy City Attorney W ClTY OF CARLSBAD, a mkkipal corporation of the State of California for City Manager ‘\ (Notarial acknowledgement of execution of DEVELOPER-OWNER must be attached.) Form Apprwod Sy CltycOunciiJuIy2,1991 Row #91-194nwl 6 -. . . ,. - 44 % I+ EXHIBIT ‘A’ LEGAL DESCRIPTION LOT 3 IN SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, EXCEPTING THERE FROM THOSE PORTIONS THEREOF LYING NORTH OF THE SOUTH BOUNDARY LINE OF THE RANCH0 AGUA HEDIONDA, AS SAID SOUTH LINE WAS ESTABLISHED MAY 5, 1913, BY DECREE OF THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND FOR SAN DIEGO COUNTY, IN THAT CERTAIN ACTION (NO. 16830) ENTITLED KELLY INVESTMENT COMPANY, A CORPORATION, VS. CLARENCE DAYTON HILLMAN AND BESSIE OLIVE HILLMAN. Form Apprwod '7 I . . . a. . . Personally aopeared 1/, known to me - OR - 0 proved to mo on the basis of m avidona to ba tha person(s) whom nafna(r) Wn Subscnbodtothewi@ininstru~and~ knwMgadtomothathushutMy.x~ the same in his/hWthoir l uthoritod capaclty(ios). and that by hia/hWthoir signature(s) on ttw im a?. P@f-w). ofthaentityuponbatMofwhichthopuson(r) aed, ex@cuted tha -. a comma OPPICEWS) mm B -nmEnfS) a AttOaNEY-IN-FACT a -Em a suaacn~m~~(~~ a ciwmmc0f4mwm aoTHER SGmlsREPREs~: ( wa 0 msaasa 0 uanr*tas . AnDmDNIIoTAav:Amoupe?onr-ma 4 THIS CERTIFEATE riorTyQaofDowwunt s MUST 8E ArrACHEO TO THE OOCUMENT NWVlbMdPapS o8t8dooaJmaa : 5 OESCIVBEO AT RIGHT: siis)othuThrnNvMdAbovo i \ \