HomeMy WebLinkAboutCT 99-02; Fieldstone Communities Inc; 1999-0168980; Public Facilities Fee Agreement/Release. . .
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DQC * 1999-0168980
7938 MAR 16s 1999 3:08 -PM
oFFICh#L RECORDS SAN DIEGO CWNTY REGORDER’S OFFICE G&GORY J. SHITH~ CUfYYRECORlER FEES: .
RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: )
1 City Clerk > CITY OF CARLSBAD
1200 Carlsbad Village Drive
Carlsbad, California 92008 1989
_-_._ li^-----‘~~~~-.. Space above this line for Recorder’s use .? )
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i AGREEMENTBETWEEN OWNER, DEVEEQPER
AND THE CITY OF CARLSBAD FOR T&E
PAYMENT OF A PUBLlC FACILITIES FEE
FOR INSIDE THE BOUNDARJES OF COMMUNITY FACILJTIES DISTRICT NO. 1
Parcel No. 214-I 50-l 7
THIS AGREEMENT is entered into this 7th day 0f January
by and between (name ~fde~elope~) Fi.eldstone Communites, Inc.
,I999 .
a (corporation, partnership, etc.) CoWoratiOn , hereinafter referred to as “Developer”
whose address is (street, city, state, zip code) 5465 Morehouse Drive, Suite 250, c
San Diego, CA 92121 and (name oflegal owner) Poinsettia Investors, LLC
Limited Liability
a (individual, corporation, etc.) CoWanY , hereinafter referred to as “Owner”
whose address is (street, city, state, zip code) 2777, East: Camlback Road, Suite 150 I
Phoenix, AZ 85016
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.
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Form Approved By City Council July 2, 1991
Resolution No. 91-194/KJH
Fom 18A
Per Jane Mobaldi. Rev. 0111 I/96
h&o crci9 -0cs
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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: 117 single family residential units
on said Property, which development carries the proposed name of
Poinsettia Properties Specific Plan; Planning Area 7
and is hereafter referred to as “Development”; and
WHEREAS, Developer filed on the Tth day of January , 19 99 with the -3
City a request for a Tentative Map, Coastal Development Permit and
Condominium 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 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 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
Resolution No. 91-194/KJH
2 Form 18A
Per Jane Mobaldi, Rev. 01/f l/96
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.* 7990
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 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 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 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 and Owner shall pay the City a public s
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 IS,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 18A
Resolution No. 91-194/KJH Per Jane Mobaldi. Rev. 01/I 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 pubtic faciiities 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 and signed r
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
Resolution No. 91-194/KJH
4 Form 18A
Per Jane Mobaldi, Rev. 01/l l/96
‘7992
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 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.
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Form Approved By City Council July 2, 1991
Resolution No. 91-194/KJH
Form 18A
Per Jane Mobaldi, Rev. 01/l l/96
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7993
IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the
date first written above.
OWNER: CITY OF CARLSBAD, a municipal corporation
of the State of California
By:
bf>(,e 5. &I,&‘~
(print name)
APPROVED AS TO FORM:
RONALD R. BAL
(title)
DEVELOPER:
Fieldstone Communities, Inc. (name of developer)
Keith A. Johnson (print name)
President, Fieldstone Communities, Inc. (title and organization of signatory)
Jim Hansen (print name)
Assistant Secretary, Fieldstone Communities, (title and organization of signatory) Inc.
Form Approved By City Council July 2, 1991
Resolution No. 91-194/KJH
6
(Notarial acknowledgment qf execution oj
DEFTELOPER and OWNER must be attached).
(President or vtce president Am secretary or
assistant secretary must sign for corporations. lf
only one ofJicer signs, the corporation must
attach a resolution cert$ed bv the secretary or
assistant secretary under corporate seal
empowering that ofJicer 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 18A
Per Jane Mobaldi. Rev. 01/l l/96
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. 7994
EXHIBIT “A”
LEGAL DESCRIPTION
ExliralT “ONE”
Thos& portions of Lots 2 8nd 3 and the %st Half of Northeast Quarter in Section 29, Township 12 South. RanQs 4 West, San Bernardino Meridian, h tha City of Catlsbad, County of San Diego, State of California, according to Official Plat rhoreef, described as follows:
Commencing at the Nardwkasr Corner Of said Section 29 as shown on Map No. 7476, filed in the Office of the County Recorder in said County: thence along the East Section line of said Section 29 South OO38’14” West 1359.00feet to a point on f&g proiongaticn of the North boundary line of said Lo: 2: thence along said prolongation North 89a27r20” West 1345.52feet to a point on the Southwesterly right-of-way line of a 260.00 foot right-of-w8y of the At&son Topeka and Santa Fe Railroad, said point alao being the True Point of Beginning: thence along said right-of-way line South 20°29*04m East 1673.44feet to a point an the Northerly right-of-way line of the 102.00 foot wide road known as Poinsettia Lane, as described in Parcel 1 in deed to the City of Carlsbad recorded August 21, 1974 as Document No. 74-2276000f Official Records; thenca along s&i Northerly right-of-way line South 76°S6’54” West 495.69 feet to a point on ther EIEcccrly right-of-way line of the State Hihway as described in Parcel 6A of Find Order of Condemnadon in Superior Court of San DSego County, Case MO. lSS963, a copy of which being record&d Apr5 23,1962 in Book 4444, Page 395 in the Officlr of Thor Cnunty Recorder In said County; thence along said Easterly right-of-way fkre North $9*09’02’ _ West 1652.37 feet to the beginning of a tangent 19,646.OO focrt radius curve concave Easterly; thence Northerly along the arc of said curve through a central amk of OO”22’36*, a distance of 130.47 feet to a point on said North bound&q! line of said Lot 2; thence along said boundary line South 99O27’20” East 482.20 feat to the True Point of Beginning.
Excepting therefrom all oil, and mlnetal rfghts below SO0 feet without right of surface entry as reserved by A.L. Shipley, Jr. Conservator of the Estate of George H. Capron in Deed recorded June 30, 1969 as File No. 116906 and re-recorded July 23. 1969 as File No. t 32460, both of Official Records.
Assessors Parcel No: 214-l 50-l 7
Form Approved By City Council July 2, 1991
Resolution No. 91-194/KJH
7 Form 18A
Per Jane Mobaldi, Rev. 01/I 1196
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
L. ‘3. \49’h before me, Ti&t,n 4. Izish.ulc5
Notary Public, personally appeared &a\$ t [ a<\‘,~ 5. G*;& . [ ] personally
known to me - or [ ] proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/@ubscribed to the within instrument and acknowledged to me that he/sh@
executed the same in his/heauthorized capacity(ies), and that by his/her/@ignature(s)
on the instrument the person(s), or the entity upon behalf of which t&e person(s) acted, executed
the instrument.
WITNESS my hand and official seal.
Form Approved By City Council July 2, 1991
Resolution No. 91-194/KJH
Form 17A
Per Jane Mobaldi. Rev. 0 I/I I /9h
C .
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On /-? /-h f before me, fl/,t~ ,W 5 A-rC..E-zl@
Notary Public, personally appeared ,&--,TH p , ~-a,++~~~ P- J-I~ ,qA&rr’~, c/I personally
known to me - or [ ] proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) i@ subscribed to the within instrument and acknowledged to me that he/she
executed the same in hisk~authorized capacity(ies), and that by his/her 0 eir ignature(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 ofRcia1 seal.
Form Approved By City Council July 2, 1991
Resolution No. 9 1 - 194/KJH Form 18A
Per Jane Mobaldi, Rev. 01/l l/96