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HomeMy WebLinkAboutGPA 61B; Carlsbad Land Investors and Secure Properties Inc; 81-358261; Public Facilities Fee Agreement/Release7 Ret& toi- Cit$ z$'Carlsbad l&S Elm Ave. Carlsbad, CA 92008 1832 AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CAmSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this or+- 16th day of 19 81 J by and between CARLSBAD LAND INVESTORS, A Limited Partnership SECURE PROPERTIES INCORPORATED, General Partner. NOFEE I (name of developer-owner) / a ,hereinafter referred to as (C"orporation, patinership, etc.) "Deve&oper", whose address is 17332 Irvine Blvd.,. Ste. T I (street) Tustin, CA 92680 (City, state, zip code) , .and THE CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as."City", whose address is 1200 Elm Avenue, Carlsbad, California, 92008. WITNESSETH: WHEREAS, Developer 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/ 3s.x s#~g~;~~l.t~&~~~* and WHEREAS, Developer proposes a development project as follows: Planned Dizvelopment consisting of 130 Conominium Units. 75 Pw 76 Tpbm- . homes, 182 Terrace Units and associated Garages, Recreation Building, Swim Pools, Rec. Area, Landscaped Green Belts atid Slopes. . 1 ‘. :, * ‘? 1833 - on said Property, which development carries the proposed name of COBBLESTONE SEA VII&AGE and is hereafter referred to as "Development"; and WHEREAS, Developer filed on the :?o day of 198j 8 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 ,faciXities 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 c. WFRE,‘AS, Developer and City recognise the correctness of Council Policy Ns. 17, dated August 29, 1979, Qn file with the City Clerk and incorporwted by this referenceB. and that the City's publfc facilities and services are at capacity and will not be ava$Jable to accqnmoda$e the additiona$ need for public faeillities and services resulting frwti the proposed Development; and - . WHEREAS, Developer has asked the City to find that p@$e fac;ilities and se~jrqe8 w%l& be available $Q meet ehe fqtuz=_e needs 0% the Revelspment as it is gxesently gwgpsed; but t:he Developer is aware that 43%~~ City cnnnst and will nat be abile ta make any such Finding withswt financia,I assistance to pay fox such services and facilities; and, therefore, Developer proposes 2. I . . ,. *, ,. 1834. - 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 foiiows: 1. The Developer shall pay to the City a public facilities fee in an amount nbt 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. I A credit tcwazd 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 shaiL pay a fee for conversion of existing buildings or structures into dondominiums in &n amount not to exceed 2% of the building permit valuation at the time of oonversioh. The fee for a condominium conversicn shali 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 sdn@truction pe3kmit" and 'entitleinent for u2;e" as used in this agreementi e~oeptin 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. I. 9 1835 - 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. , I . . . 1836 - . .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 facilitie's 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 coinply with any requirements of other public agencies as evidence of adequate public facilities and services sufficient to acoommodate the needs 6f 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 notioe is given to Developer by personal delivery thereof to Developer or by depositing the same in the United States 5. . . .I * *. . ‘. . . 1837 - . . ‘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. * a /I/ I// . I// /I/ /// /// I// /// 6, , ‘3 - . “. 183” l : IN WITNESS WHEREOF, this agreement is executed in San..Diego County, California as of the date first written above. DEVELOPER-OWNER: CARLSBAD LAND INVESTORS A Limited Partnership SECURE PROPERTIES INC., General Partner CITY OF CARLSBAD, a municipal corporation of the State of California ' City Manager ATTEST: ALETHA L. City Attorney (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) 7. STATE OF CALIFORNIA ORANGE ss. 2s COUNTY OF 1839 -c t z on thisluday of.nr_tnher--, 19_&L, before me-r t t a Notary Public in and for said state personally appeared&G%!& Z l ZwiChorOwski ,” $ known to me to be the President, and John W. Zylstra 010 t E” known to me to be the CO Secretary of--- f u the corporation that executed the within instrument and known to me to be the persons who executed the within =z m E instrument on behalf of said corporation, said corporation being a, s ,; known to me to be one of the partners ofCAT1SbRd ‘.z t ZE Land Investors pIIIUIIIIIIIIIIIIIIUIIIUIIlI8l?~IIlfflU~I8##HI~ 3 g: the partnership that executed the within instrulnent, and acknowl- : TONI J. E?kKER I 3 z edged to me that such corporation executed the same as such p NOTARY PUBLIC - CALIFORNIA 1 PRINCIPAL OFFICE 1N partner and that such partnership executed the same. t iz WITNESS my hand and official seal. E I ORANGECOUNTY I My CommlssioF: Expires Dec. 23.19833 lBImammUllllURIUlllIIII~IImIIIn~IIIIIIIIIIIIIII~ 2 Signature Name (Typed or Printed) (This area for official notarial seal) . I !; * . . . , "JHHIBIT "A" 1840 - PARCEL 1: All that parcel of land designated as "description No. 5, 103.54 acres" as shown and delineated on record of survey Map No. 5715 filed in the Office of County Recorder of San Diego County, December 19, 1960, being a portion of lot "G" of the Ranch0 Aqua Hedionda in the County of San Diego! State of California, according to map thereof No. 823, flied in the 78fIdce of County Recorder of San Diego County, November 16, . Excepting therefrom that portion thereof beginning at the Northwesterly corner of said description No. 5, said point being the intersection of Laurel Tree Road and the northerly line of said description No. 5; thence along said Northerly line, North 83'40'44" East 584.96 feet- thence South 45'31'49" East 1129.51 feet; thence South 7OoO9'50" West 17.26 feet to the beginning of a tangent curve concave southeasterly having a radius of 300.00 feet'; thence southwesterly along said curve 51.13 feet through a central angle of 9'45'55"; thence tangent to said curve, South 60'23'55" West 115.58 feet; thence South 57'18'45" West 328.58 feet to the beginning of a tangent curve concave southwesterly having a radiug of 500.00 feet, a radial line from said point bears South 57 03'32" West; thence northwesterly along sa'id curve 334.65 feet through a central angle of 38O20'54"; thence tangent to said curve North 71Ol7'22" West 336.40 feet to the beginnlng of a tangent curve concave Northeasterly having a radius of 570.00 feet; thence North- westerly along said curve 844.63 feet through a central angle of 84O54'05"; thence tangent to said curve North 13O36'43" East 5.13 feet to the point of beginning, comprising approx- mately 18.1115 acres. PARCEL 2: Easements for roadway and utility purposes over those certain strips of land designated as "60 foot easement and 66 foot easement reserved for roadway and utility purposes" as shown on said record of survey No. 5715. Excepting from said 60 foot strip, that portion which lies within Parcel No. 1 above. The easements herein described are hereby declared to be appurtenant to and for the use and benefit of the present and future owners of all or any portion of "Description No. 5, 103.54 acres" as shown and delineated on said record of survey map No. 5715.