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Home My WebLink AboutCT 96-04; Okon Development Company; 1996-0500716; Public Facilities Fee Agreement/Releaset”fC # 1996-0500726 RECORDlNG REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, California 92008-l 989 456 02-OCT-1996 10~41 All OFFICML REam W DIEiXl CBURTY RECORDER’S OFFICE 34.00 Space above this line for Recorder’s use Parcel No. 223-021-18 & 223-353-27 . @?i-46-+ *’ AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBUC FACIUTIES FEE FOR OUTSIDE THE BOUNDARIES OF COMMUNITY FACIUTIES DISTRICT NO. 1 THIS AGREEMENT is entered into this ‘lTH day of NOVEMBER ,lS g5 -I by and between OKON DEVELOPMENT CO (name of developer) a CORPORATION (corporation, partnership, etc.) -’ hereinafter referred to as “Developer” whose address is POST OFFICE BOX 577, DEL MAR, CALIFORNIA 92014 (street) (city, state, zip code) and EDGECREST INVESTMENTS, LTD. (name of legal owner) a _ CORPORATION , hereinafter referred to as ‘Owned, whose address (individual, corporation, etc.) is POST OFFICE BOX 577, DEL MAR, CALIFORNIA 92014 (street) (city, state, zip code) Form Approved By City Council July 2.1991 Rem0 # 9I-IW/lgH Form 18 rev 5127195 1 - AND 457 the CITY OF 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. RECITALS WHEREAS, Owner 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 has contracted with Owner to purchase the property and proposes a development project as follows: 2HJNIT SINGLE'FAMILY DETACHED RESIDENTIAL PROJECT on said Property, which development carries the proposed name of BROOKFIELD MEADOWS and is hereafter referred to as ‘Development’; and WHEREAS, Developer filed on the 26~~ day of MARCH 8 @!i, with the City a request for a Tentative Tract Map; an Amended Planned Development Permit; a Hillside Development Permit; and an Environmental Impact Assessment 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 reoognize 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 Form Approved By City CoumiI July 2, 1991 Rero # 91494/qnr Form 18 rev s/27/95 2 458 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 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 Tiles 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 communify apartment or stock cooperative. The terms “other construction permits’, “other construction permit’ and ‘entitl&nent 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 and Owner shall pay the City a public facilities fee in the sum of $1,150 for each mobilehome space to be constructed Form Approved By City Council July 2.1991 Real * 91494H/P;TH 3 Form I6 rev 3127195 - 459 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 Carfsbad 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 Owner offer 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 Tiles 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. 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. Form Appmwd By City Council July 2.1991 Reso CI 91-194IwH Form 18 rev s/27/95 4 /” A 460 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 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 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 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, Owner and City, and references to Developer, Owner 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 wriiing the Developer’s 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 successorto the Owner’s 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 July 2,199l l&o 1) 91494/&JH Form 18 rev s/27/95 - - ’ IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. OWNER: DEVELOPER: (piint name) (title and organization of signatory) (signature) (title) (print name) (title and organt!zation of signatory) (signature) (title) CITY OF CARLSBAD, a municipal corporation of the State of California for City Manager \ APPROVED AS TO FORM: ATTEST: RONALD R. BALL, City Attorney BY * City Attorney (Notarial acknowledgement of execution of DEVELOPER and OWNER must be attached). (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) Form Approved By City Coumil July 2.1991 Rer, Y 91-194&JH Form 111 re” 1/27/95 6 CAL /RNIA AU-PURPOSE ACKNOWLEDC - LNT STATE OF CALIFORNIA 462 COUNTY OF SAN DIEGO ary Public, personally Ily known to me - or [ whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. -xa ;Rt (Signature of Notary) Though statute does not require the Notary to fill in the data below, doing ao may prove invaluable to ~~IWM relying on the document. ,19&, before me, A /f d m* Anrarl ,, s personally known to me 0 - &ad to me on the basis of satisfactory evidence Cl General Cl Attorney-in-Fact to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorited capacityges), and that by his/her/their signature(s) on the instrument the person(s) or the on behalf of which the person(s) acted, executed the 0 Guardian/Conservator SIGNER IS REPRESENTING: Nam cd puaon~al or amityed Witness my hand and official seal. This certificate must be attached to the Title or Type document described at right: CQf OF l e i Fyrbnen: /&~m ~,47 b&~~ pn DLoAkA A L/.e/ODC.e 8% J Num er of Pages: /& Date of Document: ///,I /9x . l9kt-J VI *J? lSS3NMbdNOtW&UIddU& Signer(s) other than named above: ~u,‘,uc CWprtCA J . 1 CAUFORNIA AU-PURPOSE ACKNOWLEDGMENT 463 STATE OF CAUFORNIA COUNTY OF SAN DIEGO ary Public, personally Ily known to me - or [ ] proved to me on thue basis of sati ctw evidence to be the person(s) whose naNs) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. _ -lNti&t (Signature of Notary) , Form Approved By City CovnSJdy 2.1991 Rem w 91494/pcTH 8 Form 18 rev 3/27/95 ,.y ,- , ** I , 464 SPIEC1A.L POWER OP ATTORNEY Edgacrrwt Inveatmnta, Ltd., a *Nevada cmrporation, ht~reby mqkeo., con@titUta~ Zind tlppoint8 Zi?fing Ok~vit~ t&a undoraignad’o true and, lawful attornsy in Paut for and in thr undarrignod’a name, placa+and eEaed and for t&a underPign&‘e u&o and hanoiit for the? purpoao of Selling, aseigning, rxeuuting agreemanta to ~11 trunu,Yerring or conveying, and , uEdgnl tran8~er or convoy, the rahk pFaperty ctmcribed an Ex.hFbit A attached hereto, and Co oxecuts 1i;~ting agrwmenta and such othwr documante and agroemants as the underafgned 11hal1 dorm nocassary or canvehiont to facj.lLtate the sala nnd tramfur of the fPu&jwt'propqrtyr GIVING AND GRANTING unto the und&signcdrs attorney tulle power and authorLty to do and prrfom all and rvdrry act and thing whatsoever requLaits and necaaaary te ba done in cctnnection with the cala nnd tranofar of the subjeat praprrty, au Yully ta all intents and purpooes as the undsrnignsd might or could do if personaI3y prersfmt, ,I4 Alfred Sa$eh, PTAT’E OF CALIFORNIA ) ) PO. CqUNTY OP SAN DIEGQ ) 1994 (3 before me,/?f+W- P .&4P-V5 c ,, personally - pereonally known ta rn@ {or proved* Wry eridoncr) to ba tha person(o) whose nam i5 subacrib& Fe the within haW?utnant and acknowladged CO me that ho executed the same in hfrr authorizod capacity and that by his signature on the instrument thr paraon or tha entity upon bahalf of vhioh tha person atrtad, exauutad th8 fmt~ont. 4 .e,. _ _ _I-- v. *I- EXHIBIT ‘A LEGAL DESCRlPTlON 465 All that portion of Lot 223 and Lot 224 of Tract 84-23, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 11241, described as follows: Commencing at the most southerly corner of said Map No. 11241, said point being on the arc of a 500 foot radius curve, concave northwesterly, a radial line of said curve bears South 32°38’11” East to said point; thence North 23°06’OO” West, 30.45 feet to the TRUE POINT OF BEGINNING, said point being on the arc of a 470 foot radius curve, concave northwesterly, a radial line of said curve bears South 33O 15’05” East to said point; thence North 23°06’OO” West, a distance of 608.39 feet; thence North 46°09’20” East, a distance of 65.81 feet; thence South 84O31’45” East, a distance of 80.00 feet; thence South 84’20’48” East, a distance of 42.00 feet; thence North 07O 19’37” East, a distance of 90.00 feet to a point on the arc of a non-tangent 345 foot radius curve, concave southwesterly, a radial line of said curve bears North 07O 19’37” East to said point; thence southeasterly along the arc of said curve, through a central angle of 19°04’39”, a distance of 114.87 feet; thence tangent to said curve South 63O35’45” East, a distance of 133.16 feet to the beginning of a tangent 405 foot radius curve, concave northeasterly; thence southeasterly along the arc of said curve, through a central angle of 08°41’03”, a distance of 61.39 feet to the beginning of a tangent 20 foot radius curve, concave westerly, a radial line of said curve bears North 17°43’12” East to said point; thence southerly along the arc of said curve, through a central angle of 83O 17’35”, a distance of 29.07 feet to the beginning of a tangent 530 foot radius curve, concave southeasterly, a radial line of said curve bears North 78O59’13” West to said point; thence southwesterly along the arc of said curve, through a central angle of 02°29’04”, a distance of 22.98 feet; thence tangent to said curve South 08°31’43” West, a distance of 200.63 feet to the beginning of a tangent 470 foot radius curve, concave northwesterly; thence southwesterly along the arc of said curve, through a central angle of 48O 13’12”, a distance of 395.55 feet to the TRUE POINT OF BEGINNING. 05-64-01 .I 70 Fom Appmvd By City Coned July 2.1991 Rem # 91494/qlH 7 Form I8 re” 3/27/93