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Home My WebLink AboutGPA 90-11; Carltas Company; 1991-0390279; Public Facilities Fee Agreement/Release\ i “B ~~~~-~~~~~~~ I. 1 :i I G-l.991 01 z22 F’ fq 1,131 RECORDING REQUESTED BY AND ) ;-gj v‘l;lJu f w-:-.. f-q j'gg ,!JG:i,; : y-.qpn i\i-.r’;lLI E 3 cFfI^YE F" " I\ .Y.! &jTl{ gpyFy;t WHEN RECORDED MAIL TO: ) ~~~E~ ;t TT’ g&f;; iriiYir, , i,iidn&t,;$ T, c$ FEES: . _ n,- yr j ( , :\T;; CITY OF CARLSW AF: ?, ofi 1200 Elm Awnue 1 gr I, GC Carlsbad, California 92008 ) +’ ’ Space above lthis line for Recorder's use +':.- IX Parcel No. 211-021-18,19,26,27,28r29, & 211-010-25 AGREiMENT BETWEEN DEVELOPER-OWNER AND THE CITY'OF CARLSBAD FOR THE PAYMFNT OF A PUBLIC FACILITIES FE& THIS AGREEMENT is entered into this 25th day of June , 1991 by and between THE CARLTAS COMPANY *. m (Name of Developer-Owner) a CALIFORNIA &IMI'Z/ED KWTNERSHIq hereinafter referred to as "Developer" (Corporation, Partnership, etc.) whose address is 5600 AVENIDA ENCINAS, SUITE 100, CARLSHAD, CA 92008 (Street) (City, State, Zip Code) and the CITY OF CARLSBAD, a municipal corporation of the State of California, i * .*. -. hereinafter referred to as "City", whose address is 1200 Elm Avenue, Carlsbad, hlifornia, 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 lies within the boundaries of City; and WHEREAS, Oeveloper proposes a development project as follows: REV 3-l-88 G$9454-"/"" w3/ ~&&qkl Jw-tSJw~fi~ aAN . Mixed Use Specific Plan on said Property, which development carries the proposed name OfCARLSBAD RANCH SPECIFIC PLAN. and is hereinafter referred as "Development"; and WHEREAS, Developer filed on the .25th day of June ,: 9 w!L with the City a request for SPECIFIC PLAN, GENERAL PLAN AMENDMENT & LOCAL COASTAL PLAN AMENDMENT FOR THE 423 ACRE MIXED USE CARLSBAD RANCH. hereinafter referred to as "Request"; and WHEREAS, the Public Facilities Element of the City General Plan requires that the Cfty Council find that all public facilities necessary to serve a development will be available concurrent with need or such development shall not be approved (said element is on. file with the City Clerk and ,is incorporated by this reference); and WHEREAS, Developer and City recognire the correctness of Council Policy No. 17, dated July 28, 1987, on file with the City Clerk and incorporated by this reference, and that the City's public facilities and services are at capacity and will not be available to accommodate the additional need for public facilities and services resulting from the proposed Oevelopment; and WHEREAS, Developer has asked the City to find that public facilities and services will be avaitabte to meet the future needs of the Development as it is presently proposed; but the Developer is aware that the City cannot and will not be able to make any such finding without financial assistance to pay for such services and facilities; and therefore Developer proposes to help satisfy the General Plan as implemented by Council Policy No. 17 by payment of a public 'r facilities fee. REV 3-l-88 2 ,$ .’ - ’ -1133 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 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 21 of the Carlsbad Municipal Code. Developer 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 valudtion 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 ChaptFr 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 of use" as used in this agreement, except in reference to mobile home 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 of occupancy for which the development is intended. Developer shall pay the City a public facilities fee in the sum of $1,150 for each mobile home 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. REV 3-l-88 3 b’ I , 1134 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 buildfng 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 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 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 service sufficient to accommodate the needs to the II velopment 'f herein described. REV 3-l-$8 4 4;; ‘:, - *( > .* - . - 1135 6. All obligations hereunder shall terminate in the event the Requests made by Developers 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 attention of the City Manager, postage prepaid and certified. 7.2 If notice 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 may have be?n designated, postage prepaid and certified. 0. This agreement, shall be binding upon and shall ensure to the benefit of, and shall apply to the respective successors and assigns of Developer and the City, and references to Developer ,City herein shall be deemed to be references 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 in the Property. When the obligations of this agreement have been satisfied, City shall record a release. REV 3-l-88 to*, - a, I 1136 IN WITNESS WHEREOF, this agreement is executid in San Diego County, California as of the date first written above. DEVELOPER-OWNER: CARLTAS COMPANY, a California Limited Partnership . (n-1 && (Title) CITY OF CARLSBAO, a municipal corporation of the State of California By: ATTEST: APPROVED AS TO FORM: KAREN J. HIRATW VINCENT Fe RlnNlM .~a I STATE OF CALIFORNIA ) ss. COUNTY OF SAN DIEGO 1 On June 25, 1991 Public in and for said Stat:, before me, the undersigned, a Notary Calkins personally appeared Christopher C. personally known to me (or proved to me on the basis of satisfactory evidence) to be the person that executed the within instrument as Manaaer on behalf of Carltas ComDanv. a California Limited Partnershin, the partnership therein named and acknowledged to me that the p WITNESS my icial seal. Signature w--I. hPb.6 kc 16. 1994 -. LEGAL. THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO AND IS DESCRIBED AS FOLLOWS: ALL THAT PORTION OF LOT “H” OF RANCH0 AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY TO SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO, COUNTY, NOVEMBER 16, 1892, AS SHOWN ON RECORD OF SURVEY MAP NO. 12462, FILED DECEMBER 28,1989 AS FILE NO. 89-704916 OF OFFICIAL RECORDS, AND LYING SOUTHERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE NORTHEAST CORNER OF SAID RECORD OF SURVEY MAP NO. 12462; THENCE ALONG THE EASTERLY LINE THEREOF, SOUTH 7” 20’08” WEST 1219.42 FEET (RECORD SOUTH 6’ 47’51” WEST 1219.60 FEET); THENCE SOUTH 0’ 03’59” WEST 592.10 FEET (RECORD 592.11 FEET) TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED LINE; THENCE LEAVING SAID EASTERLY LINE SOUTH 81” 18’38” WEST 321.54 FEET TO THE BEGINNING OF A TANGENT u)(x) FOOT RADIUS CURVE CONCAVE NORTHERLY, THENCE WESTERLY ALONG . SAID CURVE 481.51 FEET THROUGH A CENTRAL ANGLE OF l3’47’39” (RECORD 481.89 FEET, -48’19”); THENCE TANGENT TO SAID CURVE NORTH 84’53’03” WEST 2171.00 FEET) TO THE EXGINMlr’Ci OF A TANGENT 2ooo FOOT RADIUS CURVE CONCAVE NORTHERLY, THENCE WESTERLY ALONG SAID CURVE 223.96 FEET THROUGH A CENTRAL ANGLE OF 6’24’58” (RECORD 223.59 FEET, 6’ 24’19”); THENCE TANGENT TO SAID CURVE NORTH 78’ 28’45” WEST 1286.73 FEET (RECORD NORTH 7828’43” WEST 1286.67 FEET) TO A POINT. DESIGNATED AND DELINEATED AS THE EASTERLY TERMINUS OF THE CENTERLINE OF CANNON ROAD ON SAID RECORD OR SURVEY MAP NO. 12462, SAID POINT ALSO BEING THE POINT OF TERMINUS OF THE HEREIN DESCRIBED LINE. TOGETHER WITH THAT PORTION OF SAID LOT “H” LYING EASTERLY OF THE EASTERLY NE OF THAT CERTAIN 86 FOOT WIDE EASEMENT FOR PUBLIC ROAD PURPOSES (KNO w!t AS PASEO DEL NORTE) AS DEEDED TO THE CITY OF CARLSBAD, NOVEMBER 30,1972 AS FILE NO. 72-320457 OF OFFICIAL RECORDS AS SHOWN ON PARCEL MAP NO. 11284, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 11, 1981 AS FILE NO. 81-145557 OF OFFICIAL RECORDS AND WESTERLY OF THE WESTERLY LINE OF SAID RECORD OF SURVEY MAP NO. 12462. ALSO TOGETHER WITH THAT PORTION OF SAID LOT “H” LYING WITHIN THAT CERTAIN $6 FOOT WIDE EASEMENT FOR PUBLIC ROAD PURPOSES (KNOWN AS PASEO DEL NORTE) DEED TO THE CITY OF CARLSBAD, NOVEMBER 30,1972 AS FILE NO. 72-320458 OF OFFICIAL RECORDS, LYING ADJACENT TO AND ADJOINING A PORTION OF PARCELS 1 AND 2 OF SAID PARCEL MAP NO. 11284. REV 3-l-88 , 7