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Home My WebLink AboutSDP 94-07; Aviara Land Associates and Taylor Woodrow Homes; 1994-0532236; Public Facilities Fee Agreement/Releasev -. * . *‘Y L dlc 1 ~S94~~~3~~3~ . RES3Xl;fcfG REOUES’I-EC BY AN::? j CIA--SEP-1994 83:Ql ml - WWE:N RE-:00REEB MAIL TO: f t OFFTEAL l?ECEtRDS my Ziark SAN EfEGfl CDUtjTY RECORDER’S OFFICE CIJY OF CP 9LSBAD . . ; FREC;&‘Y f@TH 4 IXINTY REC&‘DER ‘;232 Carist?ad Viihye l3iw3 f 254 .gp 15,oo FEES: 37.00 !hriss&, Caiikmia 92%8-l 989 ) MI ?l.OO IF: 1.00 v---.---e-- ---.-- I--l.“l.--I..^..----. ..--ll...-&e--,. . . ..-.-.. Sp~e ZSGVG this iirie far &corder’s uscj Farce1 No. 2 I>-- 644 -02 ---..--- ---- ---- --.I^ -I---------- &33EEMEb,~ K-fWEi% WfhiER, 13EVI,LOiaZFt AND WE WY OF CAXSEZAD KG? TE PA’i’tvfEKT OF A PUW2 FAr3ILI’TiE:S FE;: /q-Jfi &“P. “iWE TjtE ElOUNEARlES OF co:vlMuNri-Y FAC!LrT-ES 3iSTRIC’I “K?. 1 ‘Tli!S AGnEIEMENT is ontarod k~to tik 27 fc day r$ JuhJC -- ..s.-.-,.,,.--.-.,1 i !277, k3;'y and h6WGc;7!?- Taylor Woodrow Homes California Ltd ---..=-..--.-"----"-.--,- /..--" .,.s.*l. _I ..--. ~:i:mti of darelopor) Limited a y..“E~~~~u -..-e-) trer&&er re(el-rrtd to as ‘i?p&OpEr* Wh-3Sla XfdWS.Y, jr:orpcsration, p- at JV%iDi~, f%.) is 24461 Ridge Route Drive, Lagpa Hills, CA 92653 .--MI_- ---. LI---I_YI------_----..--l-.-- --._- (s+&) @ kh# 'L,?, stm, zip rxxia) FX~~~.~d&ggcg$ates Limited Partnership-- --r"..".--II.-I_.-__.-- (W-t8 Gf iS@%! OYGQF) ---.-.m---.r. . .."._._ ----.....---. . . a Pk%%hip ___ .-, lweina:ts.: mfr?rrc?d to as y==j+ge r': l&i "I'w&8 ai;i&jyp$ -_..m-.w- , jiixhhkmi, capx&m~, etc.) ;2 ._ 2011 Palggar Airport Road Suite 206, Carlsbad, CA 9200,9 --,.,*:..A,- .--- L .--- -. --.,.-l..--7*i.-.l-- .*.. ."- .I... - (stisef) $i$y, S'J&Cf, r!p r,oclej Fom hpjm& riy c:ky ~c:ound My 2, iwi Ied # y:“:~a%~r c&p qq-o-7 &27-$y - - -, .’ . 255 . , RECTTALZ; WHEREAS, Owner Is the owner of the real property described on Exhibit “,4’, attached hereto and made! a part of this ~graement, hbrolnafter referred to as “Property’; and WHEREAS, the Property lies -within the boundaries of City; and WHEHFAS, Developer has contracted wiih Owner to purchase tha property and proposes a devalopment project as fo!lows: 99 sin&e family and 4 open sxce lots ., _ _ .--.- .m.--..-- -- ---. .-_I- on said Property, which devotopment carries the proposed name of Aviara Planning Area 26 South - and is hereafter referred to as “Dsvolopmenr; and WHEREAS, Doveioper filed on the 27th day of June -I_ ISi 94 ---I --I with the City a request for Site Deveament Plan _ --- --- ------, as “Requesr; and hereinaftar referred ;o WHERE4S, the Public FacStIes Eleinent of the City General Plan requires that tha City Council find that alt public facilities necessary to serve a development will be available concurrent with need or such development shall not be approved (said e!ement is csn tile with the City Clark and is incorporated by this reference); and WHEREZAS, Developer and City recognixe the correctness of Council Policy No. ‘I 7, dated / July 2, 1991~ on file rGth the City Clark and incorporated by t!!is reference, and that the City’s public facilities and servicas are at capacity and will not be available to accommodatte the adciitional need 3’~ pdbfic fscitities and S~F&XS res:.&ing from ihe proposed Development; atld WHEFEAS, 3wMper and Cbme r have ar;!M the City to find that public faciiities ti?d ser~~,‘ices wiii be avaiiabie to meet *he fttt.urs nods of the Development as it is presentQ pro;=losed: bM the Developer is aware that t!!e City cannot and will not be able to make any such finding without financial assistance to pay ,tctr such services and faciti&s; and therefore, Fcm :tpprcvrd l3j Ci17 tiund July 2, 1Si F.zxl i” 91-194/%3-i a, .- _ :_ .*. . , Developer and Owner propose to help sa!Sy the Ger,+~ S iLl ai Plan as implemented by Council Policy No. 17 by payment of a public facilities fee. NOW, THEREFORE, in emsider&ian of $1~ re&zi IS and the covenants contained horein, ., the parties agree as follows: 1. The Developer and Cwner shall pay to the City a public facilities fee in an amount not to exceed I.8296 of the building permit valuation: of the building or structures to: be construzted in tfte Development pursuant to the Request. The fea shali be paid prior to’the i t1 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 improvemen?s required pursuant to Titles l& 2tI or 21 of the Carlsbad Municipal Code. Daveloper and Cwner shall pay a fee !or conversion of existing building or structures into condomkiums in an amount not to exceed, 1.82?6 of the .bulding perm!t valuation at the time of conversion. TM fee for a condo,minium conversion&all b.e paid prior to the issuance of a candominium conversion permit as provided in Chapter 21.47 of. the Carlsbad Municipal Code. Condominium s,k!i in;:iuds community apartment or stock cooperative. The terms “other construction permits*, “other constructjon permir and “entitlement for use” as used in this agreement, except in reference to mobitehome sites or projects, shall no! refer to grading permits or othar permits for the construction of underground or street improvements unless no other permit is necessary prior to the use or ocoupanci for which the development is intended Developer and Owner shall pay the C;Q a public facilities fee ii7 the sum of $.!%B for each mobilehome space to be constructed pursuant to the Request. The fee shaff be paid prim .bW ?n the lssuan~ of building or other const:ution permits for the deveiopmsnt. This fee shali be in add;Wn to any fees, dedk~tions or improvements required sxmrdirtg to Titles lU, 2U or 21 of the Carfsbad ~VunicipaI Code. 2. ‘The Developer and Owner may offer to donate a site or sites for public kxilRi~3 in iieu of all or part of the financial obiigation agreed upon in Paragraph 1 above, tf Develo$)er and Cticer offor to donate a site or sites for public fac3tk~s, *he City shalt consider, but is not 3 r ., ., I ^ * .’ * : g7 -> . obligated tc accept the offer. The time for dontitioi: irirxi amount of credit against the fee shall be determined by City pcisr to the issuance of (zny b:~i 1ding or other permits. Such determination, when made, shall become a part of this %~reorrtent Sites donated under this paragraph shall not include improvements required pursuant to 5th 18 or 20 of the Carlsbad Municipal Code, 3. This agreement and the fee paid pursuant hereto are required to ensure t% consistency of the Development with the City’s General Ptan. lf the fee is not paid as provided herein, the city will not have the funds to provide public facilities and services; and ,the ‘, I development will not be consistent with the General Plan and any approval or permit for +&e Development shall be void. No building or other construction permit or entitlement for use shati be issued until the public facilities fee required by this agreement is paid. 4. City agrees tc deposit the fees paid pursuant to this agreement in s public faciliiies fund for the. finzneing of public facilities whftn the City Council daterminee the need exists to provide the facifities 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 pubtic facilities and servkxs sufficient to accommoda:e the needs of the Development herein described.. 6. Ail obligations hereunder shall terminate in the event the Request made by Developer is not approved. 7. Any notice from one party to the other shail be fn wriing~ and shall be dated and * r sign& by the party giving such notice or by a duly autl-rsrized representative of such party. Any * SlJCh notice shatl noI be effective for any purpose whatsoever unless serlted In one of the lollowing manners: 7.1 If notice is given to the City of personal delivery thereof to t% City or by depositing same in the United States Mail, abdresst3d to the City at the address set forth Iherein, enclosed in a sealed envelope, addressed tg the C-Q for attention of the City Manager, postage Fom &qmved By my clh.llldl .Jtrly 2. I ?91 ficso # 9 1 - : pf,+:~y: 4 .a /L4 . ’ 7. . 2% prepaid and certified. 7.2 If notice is giver? to Dexkqxr by persena! delivery thereof to Developer or I by depositing the same in the United St&s Mei!, enclosed in a sealed envelope, addressed to Developer at the address as many have been designated, postage prepaid and certified. 8. This agrclement sha!! 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 Goveloper, CWxx 0: City herein shalt, be dwmsd to ,be a reference to .a& include their * b 1 respective successors and assigns without specific mention of such successors and assigns. !f Developer should cease to have any interest in the Property, all obligations of Developer hereunder shali terminate; provided, however, that any successor to Developer’s interest in the property shalt hisve first assumed in writing t!ho Dsveloper’s obligations hareundfjr. A! such time as Owner. ceases tc halto any interest in the Property, a!! obligatkxs uf i)lrvner hereunder s&if terminate; provided. however, that if any successor is tie Cwner’s Interest in the Property is a stranger to this agreemel- , :, such successor has first assumed the obligations of Owner in writing in a form acceptable to City. 9. This ngrsement shall be recorded but shall not create a iien or security interest in the Prorzorty. When the obiigations of this agreement have been satisfied, City shall record a release. . * . . . . . . . . . , . . . Fcnn .‘lpprovpd BycirycawldJuly2 1991 ResJ # 91.194/wH . .:, _,f ’ . . . ‘f- STATE OF CALIFORNIA ) 1 COUNTY OF SAN DIEGO ) , beforeme, LiwdA EpRiG I-U’ 9 Notary Public, personally appeared AdR;h(\J Fo~,J personally Cnown to me (v ~JUWW+& basis of sami to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/the+r authorlzed capacity(ies), and that by his/M+tWignature(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. -. . . . _ . 260 ‘? I!4 WITNESS WHEREOF, ttiis ssr ec:nent is exectrted in San c>iqo County, California as of the date first w-rittan above. .-I____ jsjgnature) - %J&ue N000eQLJ hi-0~~ (name of do\reG+) (print nat~e) ti--&LO f+J CW’j- h’YjN&i$ --I - - (tYte and organizatiorr of signatory) BY (signature) --- See .- a.L----. (print name) Attached *II_--- ---- (tilia and organization of signatory) CITY OF CARLSBAD, 8 m~nlcipai ixrporalion of thle State of California Al-i-EST: BY ..- E-v-.“.-- far Cay Manager APPROVED AS TO FORM: RONSLI) R. BP.!.& City A%omr$y: (Notariai acknowledgement of exoc:tion cf DEVEKPER and CWNER r;zust be a,tlachud.j 261 IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. OWNER Aviara Land Associates Limited Partnership a Delaware Limited Partnership w@pany, General Partner 1 By?7 D.L. &m-x61&/ vice President ent Company, General Partner Aviara Land Company, General Partner By: Ted L. Hoover, Assistant Secretary Republic Development Company, General Partner By: jLLJ /t&+--L Ted L. Hoover, Assistant Secretary 262 STA7E OF CALIFORNIA ) ! COU1917’Y OF .:,:!I O!EGO ) A2 ’ / s9Q rcanall/y appeared&./:. /[E~GNS ------ -I_.- -- -----’ personally known to iw (w tBrr+r ';ab-iv) to be the person(*) whose nameb) i s/a+2 subscribed to thr! wtthin inszrument and acknowledged to me that he/s&e&.&y executed the same in his,%+q%eir authorired capaci~y(-i-w), and that. by hisjtw+#Wr signature(+)-On the ins*bwxnt the persm(+, or the e:?tity qxx behalf of which the personwl att4, executed the instwwnt. Witness my hand and official seal. &IWR 11018938 -x 263 - CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT - STATE OF CALIFORNIA ) COUNTY OF 1 On /7~$fore me, k/p77tL&W L%V#E h?Uk Y NAME, TITLE OF OFFICER - E.G., “JANE DOE, NOTARY PUBLIC personally appeared, personally known to me (sr_l?rrnrnrl)nmn) to be the person(s) whose name(s) is&e subscribed to the within instrument and acknowledged to me that he/&&hey executed the same in his/he&their authorized capacity+ies), and that by his/h&their signature@ on the instrument the person(s), or the entity upon behalf of which the person+) acted, executed the instrument. WITNESS my hand and official seal. SEAL) - OPTIONAL INFORMATION - TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT NUMBER OF PAGES SIGNER(S) OTHER THAN NAMED ABOVE EXHlB!? “A’ DESCRfPTiON LEGAL LOT 5 OF CITY OF CARLSBAD TRACT NO. 89-37, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, PER MAP NO. 12967 RECORDED ON SEPTEMBER 16, 1992, AS FILE NO. 92-588283 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. qh vy/!L~ JOHN W. HILL, JR. L.S. 5669 F.xm Rppmved byCicyCoundJdy2, t991 Rmo # 91-1!zwwi-z