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Home My WebLink AboutPFF 98-22; UDC Homes Inc; 1998-0524578; Public Facilities Fee Agreement/Release1316 ’ * . DKl# 1998-0524578 AUG 19. 139-a 3: 14 AM @WAIL RECCi?DS SAH DIEGO COUNTY RECORDER’S OFFICE GREGORY J. SMITHr WUNTY RECORDER FEES: 37.00 RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: 1. ‘* ; City Clerk > CITY OF CARLSBAD ._ 1200 Carlsbad Village Drive ; “t,. Carlsbad, California 92008-1989 1 Space above this line for Recorder’s use AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE FOR INSIDE THE BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. I Parcel No. 214-150-18 THIS AGREEMENT is entered into this 29th day of May J998, by and between (name ofdeveloper) UDC Homes, Inc. a (corporation, partnerskip, etc.) corporation , hereinafierreferredto as "Developer" whose address is (street, city, state, zip code) 11512 El Camino Real, Suite 110, San Diego, CA 92130 and(Ilame~~legalawne~) Poinsettia Investors, LLC Delaware limited a (individual, corporation, etc.) liability comPa*Y , hereinafter referred to as “Owner” whoseaddressis (street, city, state,zipcode) 2198 East Camelback Road, Suite 325, Phoenix, Arizona 85016 * AND the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as “City”, whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008-1989. Form Approved By City Council July 2, 1991 Resolution No. 91-194/KJH 1 Form 18A Per Jane Mobaldi, Rev. 01/l l/96 c-r ‘37 -as. /CbP 4% SS/fuo w-w’ 1317 RECITALS WHEREAS, Owner 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 has contracted with Owner to purchase the property and proposes a development project as follows: 112 residential units on said Property, which development carries the proposed name of ~rdSctt.\c., ?t~.-kr ?'A 8 and is hereafter referred to as “Development”; and WHEREAS, Developer filed on the 17th dayof December ,1997 -> with the Cityarequestfor a Tentative Map, CDP and a Planned Development Permit 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 2, 1991, 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 and Owner have 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 and Owner propose to help satisfy the General Plan as implemented by Council Policy No. 17 by payment of a pubhc facilities fee. Form Approved By City Council July 2, 1991 2 Form 18A Resolution No. 91-194/KJH Per Jane Mobaldi, Rev. 01/l l/96 , . NOW, THEREFORE, in consideration of the recitals and the covenants contained herein, the parties agree as follows: 1. The Developer and Owner shall pay to the City a public facilities fee in an amount not to exceed 1.82% 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 2 1 of the Carlsbad Municipal Code. Devefoper and Owner shall pay a fee for conversion of existing building or structures into condominiums in an amount not to exceed 1.82% 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 for use” as used in this agreement, except in 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 the development is intended. Developer and Owner shall pay the City a public facilities fee in the sum of $598 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 2 1 of the Carlsbad Municipal Code. 2. The Developer and Owner 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 and Owner offer 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 Form Approved By City Council July 2,199l 3 Form 18A Resolution No. 91-194/KJH Per Jane Mobaldi. Rev. 01/l l/96 - 1319 F\ 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 services sufficient to accommodate the needs of the Development herein described. 6. All obligations hereunder shall terminate in the event the Request made by Developer is 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 of 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 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 many have been designated, postage prepaid and certified. Form Approved By City Council July 2, 1991 Resolution No. 91- 194/KJH 4 Form 18A Per Jane Mobaldi, Rev. 01/l l/96 1320 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, Owner and City, and references to Developer, Owner or City herein shall be deemed to be a 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 to Developer’s interest in the property shall have first assumed in writing the Developer’s obligations hereunder. At such time as Owner ceases to have any interest in the Property, all obligations of Owner hereunder shall terminate; provided, however, that if any successor to the Owner’s interest in the Property is a stranger to this agreement, such successor has first assumed the obligations of Owner in writing in a form acceptable to City. 9. This agreement shal1 be recorded but shall not create a Iien or security interest in the Property. When the obligations of this agreement have been satisfied, City shall record a release. . . . . . . . . . . . . Form Approved By City Council July 2, 1991 Resolution No. 91- 194/KJH 5 Form 18A Per Jane Mobaldi, Rev. 0111 l/96 132; . - IN WITNESS WHEREOF, this agreement is executed in San Diego County. California as of the date first written above. OWNER: By: (Signature) L\;e s. G-LL . ‘id (print name) (title) By: (signature) (print name) (title) DEVELOPER: UDC Homes, IW, (name of developer) ‘U nature Jon B. Werner (print name) President Martin L. Brumf ield (print name) Assistant Secretary (title and organization of signatory) CITY OF CARLSBAD, a municipal corporation of the State of Califor&, ATTEST: t5LlxJLd. :?A ALETHA L. RAUTENKRANZ, City Clerk APPROVED AS TO FORM: RONALD R. BALL, City Attorney By: -&&um -City Attorn Bu7* (&Mzriul acknowledgment of execution of DEVELOPER and OWNER must be attached). (President or vice president Am secretary or assistant secretary must sign for corporations. If only ,one ofleer signs, the corporation must attuch a resolution certiJed by the secretary or assistant secretary under corporate seal empowering that ofJicer to bind the corporation). (If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument). Form Approved By City Council July 2, 1991 6 Form 18A Resolution No. 91-194KJH Per Jane Mobaldi. Rev. 01/l l/96 - 132i’ EXHIBIT “A” LEGAL DESCFUPTION I_ ,_. ,, _. Those portions of Lot 3 the North l/3 of Lot 4 of Section 29, Township 12 South, Range 4 West, San Bernardino Meridian, in the City of Carisbad, County of San Diego, State of California, according to Official Plat thereof, lying Southwesterly of the Southwesterly line of the 200 foot right of way of the Atchison, Topeka and Santa Fe Railroad and lying Easterly of the Easterly line of Parcel 5-A as described in the Final Order of Condemnation of Superior Court of San Diego County, Case No. 165963, a copy of which being recorded April 23,1952 in Book 4444, Page 395 of Official Records, said Easterly line’ being described as follows: Commencing at the Northeast comer of Section 29, Township 12 South, Range 4 West, as shown on Map No. 7476, filed in the Office of the County Recorder of said County; thence along the East Section line of said Section 29, South 0036’14” West 4474.95 to a point on the Southerly line of the North One Third of Lot 4; thence along said Southerly line North 69OO9’43” West 144.42 feet to the True Point of Beginning, said point also being on the Southwesterly right of way line of a 200.00 foot right of way of the Atchison, Topeka and Santa Fe Railroad: thence continuing along the Southerly line North 69OO9’43” West 564.96 feet to point on the Easterly right of way of the State tiighway as described in Parcel 5A of Final Order of Condemnation in Superior Court of San Oiego County, Case No. 165963, filed in the Office of the County Recorder in said County; thence dong said Easterly right of way line North 19OO9’02” West 1419.25 feet to a point on the Southern right of way line of the 102.00 foot wide road known as Poinsettia lane as described in Parcef in deed to the City of Carlsbad, recorded August 21,1974as Document No. 74-227601 of Official Records; thence along said right of way line North 76O57’03” East 497.96 feet to a point on said Southwesterly right of way line of said railroad: thence along said Southwesterly right of way line South 20°27’52” East 1559.65 feet to the True Point of Beginning. Excepting therefrom all oil, and mineral rights below 500 feet without right of surface entry as reserved by A.L. Shipley, Jr., Conservator of the Estate of George Ii. Capron in Deed recorded June 30, 1969 as File No. 116905 and re-recorded July 23, 1969 as File No. 132460, both of Official Records. Assessors Parcel No: 214-l 60-l 6 Form Approved By City Council July 2,199 1 7 Resolution No. 91-194/KJH Form 18A Per Jane Mobaldi, Rev. 01/l l/96 a STATE Om F-ts‘\ zod- COUNTY OF w MM ;cq=- before me, T;\ u A A. ‘%LL.Q\L~ I Notary Public, personally appeared , [$j personally known to me - or [ ] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)0 is re subscribed to the within instrument and acknowledged to me that @she/they executed the same i 0 his er/their authorized capacity(ies), and that by@er/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ,;- s*’ ,’ WITNESS my hand and of%ial seal. ,. *_ . (Signature of Notary) Form Approved By City Council July 2, 1991 Resolution No. 91-194/KJH Form 18A Per Jane Mobaldi, Rev. 01/l l/96 C . . STATE OF CALIFORNIA COUNTY OF SAN DIEGO On May 29, 1998 before me, Kathryn L. Sisko Notary Public, personally appeared Jon B. Werner & Martin L. mumfield ,[X] personally known to me - or [ ] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within inskurnent and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. (. ? . /. WITNESS my hand and official seal. Fom Approved By City Council July 2, 1991 Resolution No. 91-194/KJH Form 18A Per Jane Mobaldi, Rev. 01/l l/96 - . CERTIFICATE OF INCUMBENCY . I, James J. Grogan, the duly elected, qualified and acting Secretary of UDC Homes, Inc., a Delaware corporation (the “Corporation”), do hereby certify that each person listed below holds the office in the Corporation indicated opposite his or her name on the date hereof: NAME OFFICE Jon B. Werner Vice President and Division President (San Diego Division) 73 IN WITNESS WHEREOF, I have hereunto set my hand this 10 day of February, 1998. . . . SIGNING AUTHORIZATION The entity, Poinsettia Investors L.L.C. which owns Planning Area 1,7 and 8 of the Poinsettia Properties Specific Plan, hereby authorize Leslie S. Litwin, on behalf of the owner to sign the following documents: Disclosure Statement Land Use Review Application Public Facilities Fee Agreement IN WITNESS WHEREOF, this Authorization is hereby executed this 2 day of July, 1998, by all members of owner. CAFUSBAD: CARLSBAD LAND elaware corporation MAGELLAN POINSETTIA, L.L.C., a Delaware limited CAPITAL CO. L.L.C., an Arizona THE LITWIN GROUP, L.L.C., an Arizona Name: Leslie S. L&vin Title: Manager By: GRAYSTAR INVESTMENTS, L.L.C., an Arizona limited liability company By: Name: Kenneth K. Losch Title: Manager