HomeMy WebLinkAboutMS 862; Fieldstone/La Costa Associates; 1991-0222876; Public Facilities Fee Agreement/Release, I*’ .
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RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO:
; CITY OF CARLSBAD 1 1200 Carlsbad Village Drive > (Formerly Elm Avenue) > Carlsbad, California 92008 >
1430 llK-Y#: 1991-0222876 13-MAY-1991 11=03 AM
SAN OIEGO COUNTY RECORDER’S IJFFICE ANNETTE EVANS 7 COUNTY RECORDER
;I; Y. 00 FEES: 17.00 7.00 IIF: 1.00
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Space above this line for Recordeis use
ParcelNo. Refer to'legal description
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this day of April , 19 91 by and between
Fieldstone/La Costa Associates
(Name of Developer-Owner)
a mrtnershir, , hereinafter referred to as "Developer"
(Corporation, Partnership, etc.)
whose address k P.O. BOX 9000-266, Carlsbad, CA 92009
(Street) (City, State, Zip Code)
and the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred
to as “Citqr, whose address is 1200 Carlsbad Village Drive (Formerly Ehn 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 lies within the boundaries of City; and
WHEREAS, Developer proposes a development project as follows: Creation Of *
parcels on said Property, which .development
carries the proposed name of .m B m - !k-&&z E&cel. W fcor n Roracses ad . .
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is hereinafter referred as “Development”; and
WHEREAS, Developer filed on the day of April , 19% with the City a request
for Tentative Parcel Map for Financing Purposes and request for waiver of
Final Map 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 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.
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.
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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.
2. The Developer may offer to donate a site or sites for public facilities in lieu of ail
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
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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.
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 been designated, postage prepaid and certified.
8. This agreement, shall be binding upon and shall ensure to the benefit of, and shah
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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 shaIl terminate; provided,
however, that any successor of Developer’s interest in the property shall have first assumed in
writing the Developeis 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.
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IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date
first written above.
DEVELOPER-OWNER: C,In OF CARLSBAD, a municipal
corporation of the State of
California
BY:
Mike Stewart , Assistant Secretary
(Title)
By:
By:
(Title)
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
APPROVED AS TO FORM:
l DEPUTY CtTY AITORNEY
VINCENT F. BIONDO, JR. . \ City Attorney
(Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.)
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STATE OF CALIFORNIA 1 lss. 1436
COUNTYOF en i
On April 11, 1991 , before me, the undersigned, a Notary Public in and for
said State, personally appeared MIKE STEWART ‘reppk
, personally known to me (or proved to me on the
basis of satisfactory evidence) to be the persons who executed the within instrument as ----------
---m-m President and A -z c: i S kzn t Secretary, on behalf ofLq% _ Company m: - I zr - e
the corporation therein named, and acknowledged to me that said
corporation executed the within instrument pursuant to its by-
laws or a resolution of its board of directors, said corporation being
known to me to be the general partner of FIELDSTONE/LA
COSTA ASS0CIATF.S T,TPT); p--Ip
the limited partnership that executed the within instrument, and
acknowledged to me that such corporation executed the same as
hat such partnership executed the same.
(This area for official notarial seal)
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LEGAL DESCRIPTION
BEING A PORTION OF THE SOUTH HALF OF SECTION 36, TOWNSHIP 12 SOUTH, RANGE 4
WEST, SAN BERNARDINO MERIDIAN, TOGETHER WITH A PORTION OF FRACTIONAL
SECTIONS 1 AND 2, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, TOGETHER WITH LOT 1 AND A PORTION OF LOTS 2, 3, 4, 9, 10 AND 11 OF RANCH0 LAS ENCINITAS, MAP NO. 848, ALL IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA.
ASSESSOR'S PARCEL NUMBERS
255-010-09 255-010-18 255-010-19
255-030-09'
255-030-10 255-030-11 255-031-24 255-031-25
255-041-14
255-022-01
216-320-13
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