The URL can be used to link to this page

Home My WebLink AboutGPA 59D; Carrillo Associates; 81-315860; Public Facilities Fee Agreement/ReleaseAf-k1- .. ~-eco:*~i+y w-urn to: c. j ;;*, CJ,‘: *i&-1 sbacl . 1 LG!.I El ill A’Je . Carlsbac!, CA 92008 _- 513 AGREEMENT BETWEEN DEVELOPER-OFUJER AND TBE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 27th day of. July I 19 81 , by and between Carrillo Associates , (name of developer-own=) .-- -- a Partnersha ,hcreinafterreferred to as (CorporaEn, partnership, etc.) "Developer", whose address is 5100 Campus Drive, , (street) Newport Beach, California 92660 , and THE CITY OF (City, state, zip code) Avenue, Carlsbad, California, 92008. WITNES SETH: WHEREAS, Developer is the owner of the real property described CARLSBAD, a municipal corporation of the State of California, on Exhibit "A", attached hereto and made a part of this agreement, hsrcinafter referred to as "Property"; and WHEREAS, the Property lies within the boundaries of City;~., : and 81-315860 WHEREAS, Developer proposes a development p General Plan Amendment SEE EXHIBIT '8' ATTACHED BERET0 on said Property, which development carries the proposed name of Ranch0 Carrillo and is hereafter referred to as "Development"; and WHEREAS, Developer filed on the 3rd day of March f 19 81 , with the City a request for General Plan Amendment (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 August 29, 1979, 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 has 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 proposes 2. ” a . -, 515 to help satisfy the General 1'1~2 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 2% of the building permit valuation of the buildings 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 develop- ment 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 21 of the Carlsbad Municipal Code. A credit toward such fee shall be given for land which has been dedicated for Park Purposes or for any fees paid in lieu thereof pursuant to Chapter 20.44 of the Carlsbad Municipal Code. Developer sh&l pay a'fee for conversion of existing buildings or structures into condominiums in an amount not to exceed 2% of the building permit valuation at the time of conversion. The fee for a condominium conversion shall b ' e pald 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 , exceptin 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 3. the development is intended. Developer' shall pay to 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 18, 20 or 21 of the Carlsbad Municipal Code. A credit toward such fee shall be given for land which has been dedicated for park purposes or for any fees paid in lieu thereof pursuant to Chapter 20.44 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. If 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 agree- ment. 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 4. , , ., ..L, : ) . .I be void. No building or other construction permit or entitlement for use shall be issued until the public facilities fee required by this agreement 4. City agreement in a is paid. agrees to deposit the fees paid pursuant to this 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 Requests made by Developer are not approved. 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 by 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 thereof to Developer or by depositing the same 5. by personal delivery in the United States Mail, enclosed in a sealed envelope, addressed to Developer at the address as may 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 the City, and references to Developer or City herein shall be deemed to be 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 of 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 on the Property. When the obligations of this agreement have been satisfied, City shall record a release. /I/ /I/ /I/ /I/ /I/ /// . /// /// //i /// 6 y -‘-- --.. --_-_- .%’ 3. c . . * ,’ _- . , 519 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 Carrillo Associates BY City Manager (Title) C eneral Partner BY (TitleT ATTEST: APPROVED AS TO FORM: VINCENT F. BIONDO, JR.., City Attorney . (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) * , 1 7. TO 446 c (Corporation as a Partner of a Partnership) STATE OF CALIFORNIA COUNTY OF Orange / SS. 520 0 TI On July 29, 1981 before me, the undersigned, a Notary Public in and for said State, personally appeared -‘Don E. &odward , known to me to be the -- President, and , known to me to be the Secretary of The Woodward Companies, Inc. , the corporation that executed the within instrument and known to me to be the persons who executed the within instrument on behalf of said corporation. ‘d car qr t’ n being known to me to be one of the partners of "far918!fo Associates that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. il /, Name (Typed or Printed)” -Dcbovcu-~ (ico&L;J~r&~-;-, (This area for otltcial notarial seal) T-- . “. , .& .J ’ (r I- e u .- . , ., . 3 L LEGAL DESCRIPTIC /!Z&ws /7-” 9 ” LF[ y L -~fscA//w~/4/ 521 ORDER N0.769138-15 PACE NO. 1 PARCEL F All that portion of Sections 18 and 19 Township 12 South, Range 3 West, San Bernardino Base and Meridian, according to the Official Plat there- of, in the City of Carlsbad, County of San Diego, State of California, being more particula.rly described as follows: Beginning at a 2 inch iron pipe with disc marked ‘RCE 9416”, accepted as the Northwesterly corner of LA COSTA MEADOWS UNIT NO. 3, according to Map thereof No. 7076, filed in the Office of the County Recorder of the County of San Diego, State of California, thence North O”52’06” East along the Westerly line of said Section 19 a distance of 1337.52 feet; thence North 0’03’46’ West a distance of 1153.82 feet to the TRUE POINT OF BEGINNING of the herein described “Parcel 1”; thence continuing North 0*03’46” West along said Westerly line a distance of 1524.23 feet to the Northwest corner of said Section 19; thence continuing North 0’03’46” West along the Westerly line of said Section 18 a distance of 2091.28 feet to an intersection with centerline of Road Survey 757, known as Palomar Airport Road; thence leaving the Westerly line of said Section 18 South 67’43’22” East along the centerline of said Road Survey 757 a distance of 1326.28 feet to the beginning of a 1000.00 foot radius curve concave Northerly; thence Easterly along the arc of said curve thru a central angle of 43O43’09” a distance of 763.04 feet; thence South 21O26’31” East along the prolongation of a radial line to said curve a distance of 30.00 feet; thence South 8O51’23” West 1907.40 feet thence south 54°40’OO” West a distance of 2065.80 feet to the TRUE POINT OF BEGINNING. TOGETHER WITH those portions of Lots 3 and 4 in Section 13, Township 12 South, Range 4 West, San Bernardino Base and Meridian, in the County of San Diego, State of California, according to United States Government Survey thereof, lying outside of Ranch0 line of Ranch0 Aqua Hedionda, as said Ranch line is shown on the United States Government Survey of Township 12 South,‘Range 4 West, San Bernardino Base and Meridian, approved September 17, 1915. . I : ’ . ’ . . ’ * 0’. ’ ,.. . : 1 I I 7 **:1: \*\ . . . l \ 5 2 1 ..--- 2 ,.* j / ‘a,, ..),,Z .- ..*, J,,\ ‘(2 --;,c -.;_ :.y” CT-*> ~-.-~-;r~r.rr-**-“-.,-..-.*-..-,.-..-..:--l..l--.;;,..- ._ I I --. -> \ I .’ / A” ‘**- /+ ,.H-HAI: 7 .&s- c .r I ; \, I.... .- “\ yzzk;&&., ,.) -x--CARRlii6. “RANCH0 ,--H.p/‘/O .‘::pA~T&R~HIP./ ,&&?s ‘;,...I . $ggpy/~; NOTE: THIS PLAT DOES NOT REPRESEF \ ~ - A FIELD SURVEY iTnl0 !+!I RICK ENGINEERING CO. A FtAMO co- BY: CAmsorO. CAlFm OS= :a.,rru. “l,,,~rl,l,(l.~.~ w’ :t’r w -IlO CMS. M’ M3STER COWMNY. WC. 4 DAON rawid. **.I* Ta vim2 tmb emI -L--, . 9. L \. * . cx WrpL #I*1 &%I! I 4 2’ 523 I w I QDUaJaDhNrn I Iuor cdc; * ’ l o I I ‘;;a0 w*hmu~;;~;cnl A h’ 2 4 u 0’ ‘Id l i r-4 gf I mmO~~~~OmO~~~O~~m~u~o~umoo~-~m ..,.......... ..,..,,a,,.. $2 - ~~~~mauwoOu~o~w~wmmm~~~~ouw~~u mFlw-le-l#-lr4cuv-4 Nw(UN--(Or(cwr(N rlv-td f: moco0mm0 t0wmumulvwumhm4w~ 8 # I I ONd 2s V1O.~.h.~=f~lV)V)QIC;43~t~~(U(VwmoroIlll~,cn~ +-( N zz % b% w 0 a* Gi E uw 0’0 c V-S-U Ex w co CllQ TA L :a$ fz ‘3 V ! I G u P r’ w w ?xe> %4*, CCW-P cpQ%--*- w-W-Y- EE! 1 I I I .P .C .P * +JGcIcI Pc-crPFvo’ zJr32aELc j rCOO1 uuuuL% v’c-’ wwww mcru 1 LLL !iGiikib~~~E~~~ ~&U+JLLCLW~W mlhulm~fouv313 aaa344~ww---- -c-cc EUUVVV vvvv w w v$ 3= ccz %~~~%-??&&I . . . 0 8 EXHIBIT* 8