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HomeMy WebLinkAboutMS 796; Mink Limited; 89-441260; Public Facilities Fee Agreement/Release.- 1 89 F-1 260 ’ 1717 . . . , RECORDING REQUESTED BY AND ) ‘sy-y i.:: :yi; :>F-, ;:+i -f p” c;;:-:. : _ L -,.F- _ .%i-i:<>gyj 1 (;F r;Ai : -- L;;:+j; 'fr (*$... 1 WHEN RECORDED HAIL TO: 1 CITY OF CARLSBAD 89&g 17 A!mScf 1200 Elm Avenue Carlsbad, California 92008 Space above this line for Recorder's use Parcel No. t57?/5=3b0 -/SC AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this f'ZZL day of Ac/GUSr , 190 by and between Mink Limited M (Name of Developer-Owner) a Partnership (Corporation, Partnership, etc.) ' hereinafter referred to as "Developer" whose address is 1621 61 Nido, Fallbrook, CA 92028 (Street) (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 * n. A 't 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 proposes a development project as follows: REV 3-l-88 Two Lot Parcel Map? on said Property, which development carries the proposed name of N/A+ and is hereinafter referred as "Development"; and WHEREAS, Developer filed on the 4& day of Rt.Jadf f- , i9a with the City a request for Tentative Parcel Map L) 796 - 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, Develdper and City recognize 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 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 to help satisfy the General Plan as implemented by Council Policy No. 17 by payment of a public facilities fee. REV 3-l-88 2 s * . . . . ’ 1”9 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 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 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 3-1-88 3 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 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 Development herein described. REV 3-l-88 4 . , i “721 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;l 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 been designated, postage prepaid and certified. 8. 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 5 $’ f -‘722 . * c- IN WITNESS WHEREOF, this agreement is executid in San Diego County, California as of the drte first written above. DEVELOPER-OWNER: CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (Title) ATTEST: ALETHA L. RAUTENKRANZ, City Clerk' (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) , REV 3-l-88 STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO )" On 7 August 1989, before me1 the undersigned, a Notary Public in and for said State, personally appeared Arthur S. Plaut personally known to be (or proved to me on the basis of satisfactory evidence) to be the person that executed the within instrument as attorney-in-fact on behalf of Mink Limited, the partnership therein named and acknowledged to me that the partnership executed it. WITNESS my hand and official seal. Signature Karrkn EXEIBIT "A" ’ 1724 LEGAL DESCRIPTION Lot 207 of La Costa Meadows Unit No. 1 in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 6800, recorded December 9, 1970 as File No. 225648. . A ,- --I .’ 1725 34 ESYIMISpckJEROF- Ipade this /B b One thousand nine hundred and eighty-nine (1989) KU% LRWIXD a carrrpany duly incorporated in the Isle of T&n and having its Registered Office situate at 15 Cronk Drean Douglas Isle of &bn (hereinafter referred to as "the C-Y" 1 HEREl3YJlI?KlINT AR!WUR X?LAUF of 1621 El Nido Drive Fallbrook California 92028 United States of America to be Attorney for the Ccqany for the purpose of concluding any and all ccxnrter cial transactions on behalf of the Ccqany in the State of California United States of mica and concerning a property 6734 Luciemaga Place Ia Costa Car&bad California United States of mica AND DEXXMET that this Power of Attorney shall enccxqass the right for the said Arthur Plaut as lawful Attorney for the ccnpny and in the name of the w and on behalf of the cxxqxny to perform the following acts:- (1) to sell and dispose of ALL AND SIIGUL?W the hereditanents and presnises 6734 Luciemaga Place La Costa Carl&ad California United States of Awrica with appurtenances either by private contract or public auction for such price as to him shall seem reasonable (2) upon receipt of the consideration of purchase ITloney for the sawz to give a good receipt therefor which receipt shall exonerate the person paying such rroney from seeing to the application thereof or being responsible for the loss or misapplication - -1 .l 1726 thereof (3) To sign and as the Company's act and deed deliver any Deed or ins ixunent in writing and to do every other thing whatsoever which may be necessary or appropriate for carrying any agreex2nt for the sale into ccx-qlete effect and execution in such manner that all the Ccqany's estate right title and interest in or to the said hereditaments and prexnises with the appurtenances rrkay be effectually and absolutely conveyed and assured unto the pu.r&aser the-f in fee siqle or unto such other person or persons and for such estate or estates therein and in such manner and fomn as he or they shall direct and appoint AND the Cmxpany EiwEBp DEXXAFUS that all and every the receipts deeds matters and things which shall be by him its said Attorney given mde executed or done for the aforesaid purposes shall be as good valid and effectual to all intents and purposes whatsoever as if the same had keen signed sealed delivered IMde orgivenbythe Ccanpany AND the Ccarrpany hereby undertakes at all tixes to ratify whatsoever its said Attorney shall lawfully do or cause to be done in or concemin g the premises by virtue of this FOwzr of Attorney AND!I!E3E(Il34E??D- that the peer hereby created shall be irrevocable for the period of TWEIVEMX?EE fmxn 2 . . L. * . 1 .’ 1727 thedatehereof IN-~ the Ccgnpany hath executed these presents this the day mnth andyearftistbeforewritten Exncum,W~eCcanpanY in the presence of:- At Douglas Isle of Man this 18th day of July 1989 I, PETER JAMES KNEALE of St. George's Chambers, Hill Street, Douglas, Isle of Man Notary Public the subscribing witness to the execution of the foregoing deed HEREBY CERTIFY that the Common Seal of Mink Limited was duly impressed thereon in the presence of JAMES KIRKPATRICK Director and SHIRLEY MARGARET KIRKPATRICK Secretary of such Company and who are known to me and that the same was signed by the said James Kirkpatrick Kirkpatrick in my presence. Notary Public