HomeMy WebLinkAboutSDP 95-05; Aviara Land Associates and Coscan Davidson Homes; 1995-0257705; Public Facilities Fee Agreement/Release* . . . . * . . .
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City Clerk
CR-Y OF CARLSBAD
1200 Carlsbad Village Drive
Carlsbad, California 92008-l 989
t,; It l~?~-~ZS770~ m-JUbklW5 Ql~33 Pfl
QFFICIFai RECORDS SdN DIEGO COW’ RECORDER’S OFFICE
31.00
Space above this line for Recorder’s use
Parcel No. a \5 - k.&4c -03
AGREEMENT BElVVEEN OWNER, DEVELOPER
AND THE CrrY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
FOR INSIDE THE BOUNDARIES OF COMMUNfTY FACILITIES DISTRICT NO. 1
THIS AGREEMENT is entered into this J day of &w/L
by and between COSCAN DAVIDSON HOMES, INC.
,19=
(name of developer)
a corporation , hereinafter referred to as ‘Developer’ whose address
(corporation, partnership, etc.)
is 12865 Pt. De1 Mar, #200, De1 Mar, CA 92014
(street) (city, state, zip code)
and AVIARA LAND ASSOCIATES LTD. PARTNERSHIP 8 (name of legal owner)
a ltd. partnership
(individual, corporation, etc.)
, hereinafter referred to as ‘Owner, whose address
is 2011 Palomar Airport Rd., #206, Carlsbad, CA 92009
(street) (city, state, zip code)
AND
the CRY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred
to as “City”, whose address is 1200 Carlsbad Village Drive, Cartsbad, California, 92008-l 989.
F-Appmnd BycityczoundlJlliy2,1991
Rcso + 91.194mH
4 , .
w . - of . 1378
RECKALS
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
35 a development project as follows: single family detached residential development
on said Property, which
development carries the proposed name of Cantata
and is hereafter
referred to as “Development”; and
WHEREAS, Developer filed on the day of /?p!iL 4 ,192?
with the City a request for site development/architectural plan review
hereinafter referred to
as “Request”; and
WHEREAS, the Public Facilities Element of the City General Plan requires that the Cii
Council find that all public facilities necessary to sew8 a development will be available concurrent
with need or such development shall not be approved (said element is on file with the Clty Clerk
and is incorporated by this reference); and
WHEREAS, Developer and Cii recognize the correctness of Council Policy No. 17, dated
July 2, 1991, on file with the Cii Clerk and incorporated by this reference, and that the City’s
public faciiltlee 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 ffnd 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 Clty cannot and will not be able to make any such L.
finding without financial assistance to pay for such services and facilities; and therefore,
F-Appnmd ByChyCoundJuty2,1991
Reso # 91.194AuH 2
* .
.
I’ 1. 1379
Developer and Owner propose 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 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 21 of the Carfsbad Municipal Code. Developer 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 prk~ 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 Carfsbad 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. ff Developer
and Owner offer to donate a site or sites for public facilities, the City shall consider, but is not
F-Appmvrd
BycltycoundlJdy2,1991
m # 91-194AuH 3
_ -
.
. .’ 1380
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 Tiles 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. lf the fee is not paid as provided
herein, the city will not have the funds to provide public facilities and seTvices, 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.
8. 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 glving such notice or by a duly authorlzed 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 Clty 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
F-S
ByCitycoundlJuiy2.1991
Rcso # 91-194&m 4
1 . .
.’ . _’ .138’1
prepaid and certified.
7.2 tf 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,
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.
lf 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 lf 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 shall be recorded but shall not create a lien or security interest in
the Property. When the obligations of this agreement have been satisfied, Clty shall record a
release.
. . .
F-M ByCitycoundlJulyZ, 1991
Reao # 91-194fKJn 5
IN WITNESS WHEREOF, this agreement is executed in San Diego County, California
as of the date first written above.
~ %$-$ybASSOC. LTD. PARTNERSHI
D. L. CTIF~. V-P.
(print name) Av/mw L$z 4k=z
(signature)
(print name)
(print name) __ Exec. Vice Presidentop&sm/21
(iie and organitation of signatory) mJ/DSO/l/xb4(s
(signature)
E. Dale Gleed
(print name)
Director of Engineering OF @d m fj/zmAf ~olr/6--s
(title and organization of signatory)
Crpl OF CARLSSAD, a municipal
corporation of the
State of California
City Clerk
for Clty Manager -
APPROVED AS TO FORM:
RONALD R. BALL, CXy Attorney
BY
(N&aria1 &nowledgement of execution of DEVELOPER and OWNER must be attached.)
F-Approved
@‘~Q’CoundJdy2,1991
lteso + 91-19uKlH
. .
. .’
. 2 .I383
EXHIBIT ‘A’
LEGAL DESCRIPTION
LOT 6 OF CITY OF CARLSBAD TRACT NO. 89-37, AVIARA PHASE II,
IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12967 FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY
SEPTEMBER 16, 1992.
i
FormAppmcd
ByCityCuumilJuly2,1991
Reao # 91-194AuH 7
STATE OF CALIFORNIA 1
COUNTY OF SAN DIEGO )
On 3 - 30 -/945 , beforeme, m E- e6.e ,
Notary Public, personal,ly appeared &)/LL/M B, ~~23&.%?~
&ub GDMGrn , personally known to me (&proved
j) to.be the person,(s) whose name(s)
ware subscribed to the within instrument and acknowledged to me that
-he+he/they executed the same in++#her/their authorired capacity(ies), and that
byMs+he#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 offjcial seal.
- I . .’ r + . ** .‘ - . + \
-
STATE OF CALIFORNIA )
1 COUNTY OF SAN DIEGO )
Notary Public, personally appeared fi.L. flEm&S
* personally known to me @&+oved
r r 5 we) to-be the person.&) whose name+)
is/-are subscribed to the within instrument and acknowledged to me that
he/s&&hey executed the same in his/hq%eir authorired capacity*), and that
by his/herjM-ir signature@) on the instrument the person@), or the entity upon
behalf of which the person(z) acted, executed the instrument.
Comn.#1018938 j
NOTARY RI&K: - CALIFORNIAw
SANDlEQOCOUNTY fl
ConUn. Extims Feb. 27 1QQQ /