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HomeMy WebLinkAboutCT 81-17; LA COSTA VILLAS LTD; 88-558989; Public Facilities Fee Agreement/ReleaseRecording Requested By , . • -and Return To: CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, CA 92008 14D8 QSS 55818 RELEASE OF AGREEMENT 8SNDV -1 P*f ^ 30 TO PAY PUBLIC FACILITIES I Wsaa^. • "f-'"«nl/5*J I RF4.00 AR2.00 MGl.OO PLEASE TAKE NOTICE that the Agreement For Payment Of Public Facilities Fees between the City of Carlsbad and La Costa villas, LTD. (81-21) required by an Application for CT-81-17/CP-163 , as Document No. 81-256422 and recorded on is hereby released for the following reason: | j Fees Paid and Obligation Satisfied | | Application Withdrawn Other Application Expired DATED: 10/3/88 CITY OF CARLSBAD ^By V^ MARTI ' Community Development Director AilEST: AALETHA L. RAUTENKRANZ Cit> Clerk APPROVED AS TO FORM: APPROVED AS TO FORM: VINCENT F. BIONDO, ^^ F BiONDO, Ci ty Attorney By RONALD R. BALL 1409 STATE OF CALIFORNIA ) ) ss . COUNTY OF SAN DIEGO ) On October 25, 1988 , before me the undersigned, a Notary Public in and for said State, personnally appeared Aletha L. known to me to be theRautenkranz City Clerk of the City of Carlsbad,a Municipal Corporation of the State of California, known to me to be the person who executed the within instrument on behalf of said Municipal Corporation, and acknowledged to me that such City of Carlsbad, California, executed the same. WITNESS my hand the the official seal. ****************************** * XSSi^X. OFFICIAL SEAL J * &•*$&& KAREN R" KUNDT.Z ** ¥%?2ttW NOTARY PUBUC-CALIFORNIA J * \$Sc*£/ SAN DIEGO COUNTY * * ^SSSr My Comm. Exp. Sept. 27, 1989 J. ****************************** Notary Fuji After recording retufrn-to: City of Carlsbad •* 2352 1^00 Elm Ave. Carlsbad, CA 92008 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 19 ff , by and between La Costa Villas, Limited (name of developer-owner) a Limited Partnership _ _, hereinafter referred to as (Corporation, partnership, etc-.) "Developer" , whose address is 16162 Beach Blvd. (street) Huntington Beach, California 92647 _ , and THE CITY OF (City, state, zip code) 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 "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: a 15 unit condominium development 4-MAR80 cr si-n/cp : ' . >' ' 2353 ' .;;;: on said Property, which development carries the proposed name of La Costa Villas and is hereafter referred to as "Development"; and WHEREAS/ Developer filed on the / day of , with the City a request for ~fenhl£(U^ Od /O' 1^r-uf~m-r ^i^-™ r-jr__mwt JIM-_,,T-, . mr r- j ft Condominium' C-T Si- n /cp- I(o3 (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 August 29, 1979, 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 2. ;. - • w* 2354 to help satisfy the General Plan as implemented by Council Policy No. 17 by payment o-f 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 2% of the building permit valuation of the buildings 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 develop- ment 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. A credit toward such fee shall be given for land which has been dedicated for park purposes or for any fees paid in lieu thereof pursuant to Chapter 20.44 of the Carlsbad Municipal Code. Developer shall pay a fee for conversion of existing buildings or structures into condominiums in an amount not to exceed 2% 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 3. 2355 the development is intended. Developer shall pay to City a public facilities fee in the sum of $1,150 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 21 of the Carlsbad Municipal Code. A credit toward such fee shall be given for land which has been dedicated for park purposes or for any fees paid in lieu thereof pursuant to Chapter 20.44 of the Carlsbad Municipal Code. 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 agree- ment. 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 4. 2356 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 Requests uade by Developer 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 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 5. ' ' 2357 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 inure to the benefit of, and shall apply to, the respective successors and assigns of Developer and the City, and references to Developer or City herein shall be deemed to be 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 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 on the Property. When the -obligations of this agreement have been satisfied, City shall record a release. 6. 2358 IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER:CITY OF CARLSBAD, a municipal corporation of the State of California LA HOSTA VILLAS, LIMITED (Name) By ENA DEVELOPMENT CORPORATION GENERAL PARTNER ._ (Title). ~ By \^air[U/ PRESIDENT "(Title) City Manager ATTEST: ALETHA L. RAUTENKRANZ, City Clejrk APPROVED AS TO FORM: Al • By / Daniel S. Hentschtfe, Assistant 5CENT F. BIONDO/JR../. City Attorney (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) 7. 2359 81-256422 FILE/PAOH >; 30C.H J£CORD£DPCUESTOJI EXHIBIT "A" AucIZLEGAL DESCRIPTION OFFICIAL RECORDSSAM DIEGO COUNTY. CA, . VERA L LYLE Being all of Lots 376 and 377 of La Costa South Unit No. 5, Rfo°p^ in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 6600, filed in the office of the County Recorder of San Diego, March 10, 1970. NO TO 1945 CA (8-74) (Corporation) STATE OF CALIFORNIA COUNTY OF SAN DIEGO on May 4f 1981f 1 £U X ulj0.I\ TITLE INSURANCE AND TRUST ATICOR COMPANY SS. ^before me, the undersigned, a Notary Public in and for said State, personally appears known to me to be the known to me to be n7\yip w President, and- ^Secretary of the corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. Signature. OFFICIAL SEAL DeAnna K. Fora! NOTARY PUBLIC CALIFORNIA (This area for official notarial seal)