HomeMy WebLinkAboutCT 99-01; Merit Group Inc; 1999-0173868; Public Facilities Fee Agreement/ReleaseDOC - 1999-0173868
2845 MAR 18- 1999 9:31 fWI .
SAN DIEM COUNTY RECUMER’S OFFICE GREGORY J. SHITH~ COUNTY RECORDER FEES: 31.00
RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: >
> City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Drive
Carlsbad, California 92008- 1989
Space above this line for Recorder’s use
.- ‘* .’ ,, -- .
,I-- \\
,/ AGREEMENT BETWEEN OWNER, DEVELOPER
i AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FAGILITIES FEE
‘FOR OUTSIDE THE BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 1
ParcelNo. ~fl~l~g~-l.~- 11
THIS AGREEMENT is entered into this ,19 99 , 5th dayof JANUARY
by and between (name of developer) MERIT GROUP, INC. a California Corporation
a (corporation, partnership, etc.) Corporation , hereinafter referred to as “Developer”
whdseaddressis(street,city,state,zipcode) 7171 El Camino Real, Suite 202,
Oceanside, California,d(,,,eofZe~aZowner) BILLY UOE BURKE
92054
a (individual, corporation, etc.) + n A + ,, i rl Wa 1 I , hereinafter referred to as “Owner”
whose address is (street, city, state, zip code) 1 7 q 1 . p r em 1 e r S t r e e t - F a 1 1 b rook. CA. 92028
AND
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.
Form Approved By City Council July 2, i991
Resolution No. 91-I 941KJH
1 Form 18 “‘/~33
Per Jane Mobaldi, Rev. 01/l l/96
CT 4%O//f4 0 q%+Of 4%04/c bPq%a
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: PROPOSED 16 UNIT PLANNED DEVELOPMENT
on said Property, which development carries the
proposed name of CARLSBAD BEACH ESTATES
and is hereafter referred to as “Development”; and
WHEREAS, Developer filed on the fith day’ Of Januarv. 199, with the
City a request for TENTATIVE TRACT MAP, SITE DEVELOPMENT PLAN, PLANNED
DEVELOPMENT PERMIT, CONDOMINIUM PERMIT AND COASTAL DEVELOPMENT PERMIT.
-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 CIerk 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 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.
Form Approved By City Council July 2, 1991 2 Form 18
Resolution No. 91-1941KJH Per Jane Mobaldi, Rev. 01/l l/96
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 Titles 18, 20 or 2 1 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 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 and Owner shall pay the City a public
facilities fee in the sum of $1,150 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 l&20
or 2 1 of the Carlsbad 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
Form Approved By City Council July 2, 1991 3 Form 18
Resolution No. 91-194KlH Per Jane Mobaldi, Rev. 01/l l/96
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.
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 suffkient funds from the payment of this and similar public faciIities 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 fi-om 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.
Form Approved By City Council July 2, 1991 4 Form 18
Resolution No. 91-194KJH Per Jane Mobaldi, Rev. 0 I /I 1196
2849
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 writing 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 successor to 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 shaII 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, 1991
Resolution No. 91-1941KJH
Form 18
Per Jane Mobaldi, Rev. 01/l l/96
2850
IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the
date first written above.
OWNER:
By: &&Q
(Signature) /dy
BILLY JOE BURKE
(print name)
(title)
By:
(signature)
(print name)
(title)
DEVELOPER:
MERIT GROUP, INC.
(name of developer)
By:
(sfgnature)
H. DAVID BUCKMASTER (print name)
PRFSTOFNT
PATRICIA A. BUCKMASTER (print name)
Q!=T FA<IIRFR &kkZ!!$&%kn of signatory)
Form Approved By City Council July 2, 1991
Resolution No. 91-194KJH
6
CITY OF CARLSBAD, a municipal corporation
of the State of California
By:
ATTEST:
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
(Notarial acknowledgment of execution of
DEVELOPER and OWNER must be attached).
(President or vice president Am secretary or
assistant secretary must sign for corporations. If
only one oflcer signs, the corporation must
attach a resolution certiJed by the secretary or
assistant secretary under corporate seal
empowering that officer to bind the corporation).
(If signed by an individual partner, the
partnership must attach a statement of
partnership authorizing the partner to execute
this instrument).
Form 18
Per Jane Mobaldi, Rev. 01/l l/96
.
’ : . . . .
1
. EXHIBIT “A” LEGAL DESCRIPTION
h
Parcel 1:
That portion of Lot 7 in Block “T” of Palisades No. 2, in the City of Carlsbad, County of
San Diego, State of California, according to Map thereof No. 1803, filed in the Office of
the County Recorder of San Diego County, August 25, 1924, described as follows:
Beginning at the most Northerly corner of said Lot 7; thence South 55O27’ West along the
Northwesterly line of said Lot a distance of 80 feet to the True Point of Beginning; thence continuing along said Northwesterly line South 55O27’ West 81.37 feet to the most
Westerly corner of said Lot; thence along the Southeasterly and Southerly line of said Lot 7 as follows: South 34O33’ East 126.43 feet to the beginning of a tangent 42.81 foot radius
curve concave Northerly having a central angle of 48OO5’; Southeasterly along said curve 35.93 feet to a point of reverse curvature concave Southwesterly having a radius of 630
feet; Southeasterly along said curve 97.48 feet through a central angle of a051 ‘55” to a
line which bears South 34O33’ East from the True Point of Beginning; thence leaving said
Southerly line of said Lot 7, North 34O33’ West 228.03 feet to the True Point of
Beginning.
Parcel 2:
That portion of Lot 7 of Block “T” of Palisades No. 2, in the City of Carlsbad, County of
San Diego, State of California, according to Map thereof No. 1803, filed in the Office of the County Recorder of San Diego County, described as follows:
Beginning at the most Northerly corner of said Lot 7; thence South 55°27’OO“ West along
the Northwesterly line of said Lot 7, a distance of 80.00 feet; thence South 34’33’00”
East 228.83 feet to a point on a curve concave Southerly and having a radius of 630 feet;
said point being on the Northerly line of Lot 7 of Block “K” of Palisades Map No. 1747;
thence along the said Northerly line of Lot 7 and 8 in Block “K”, Easterly through a central
angle of 3O46’30” a distance of 41.51 feet to the most Southerly corner of said Lot 7 of
Block “T” of Palisades No. 2; thence along the Easterly and Northeasterly line of said Lot
7, Block “T”, North 2OO0’25” East 67.30 feet and North 34O33’ West 222.80 feet to the Point of Beginning.
Assessor’,s Parcel No: 206-080-l 0 and 2O6zO8O-1 1
Form Approved By City Council July 2. 1991
Resolution No. 91-194/KJH Form 18
Per Jane Mobaldi. Rev. 01/l l/96
I .
I . STATE OF CALIFORNIA 2852
COUNTY OF SAN DIEGO
On & ?,.ly47
Notary Public; personally appeared
known to me - or [ ] proved to me on the basis &satisfactory evidence to be the person(s) whose
name(s f- ,$‘are subscribed to the within instrument and acknowledged to me that Q /she/they
* executed the same i 4 . /her/their author&d capacity(ies), and that by a er/their signature(s)
on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
WITNESS my hand and official seal.
Form Approved By City Council July 2, 1991
Resolution No. 91-194fKJH
8 Form 18
Per Jane Mobaldi. Rev. 0 l/l I/96
. .
4
, l STATE OF CALIFORNIA 2853
COUNTY OF SAN DIEGO
Onmanllnry E\, 1099 beforeme,
NotaryPublic,personallyappearedh- David RuckmastPr and Patrici,qXP~er~~k~aster
known to me - or [ ] proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) j&are subscribed to the within instrument and acknowledged to me that b$&e/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature,@
on the instrument the perso @ s , or the entity upon behalf of which the perso d9 s acted, executed
the instrument.
WITNESS my hand and official seal.
(Signature of Notary)
Form Approved By City Council July 2, 1991
Resolution No. 91-194/KJH Form 18
Per Jane Mobaldi, Rev. 01/l l/96