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Home My WebLink AboutPUD 39A; GENSTAR DEVELOPMENT/MCKELLAR DEVELOPMENT; 1991-0099819; Public Facilities Fee Agreement/Releaseo 93 DO 8= 1991-07-HAR-1991 12 = 05 PP1 RECORDING REQUESTED BY AID RETURN TO: City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 -TV3.00 FEES:5.00 If: NOTICE IS HEREBY GIVEN that the Agreement Between Owner, Developer and the City of Carlsbad For The Payment Of Public Facilities Fee entered into September 12, 1983 by and between the City of Carlsbad and McKellar Development of La Jolla and Genstar Development, Inc. (Broadmoor Homes Division) recorded October 28, 1983 as file no. 83-391118 of the official records of San Diego County, California and the Agreement To Pay Fees For Facilities And Improvements As Required By Growth Management System entered into on October 30, 1986 by and between the City of Carlsbad and Windsor Projects, Inc., recorded November 20, 1986 as file no. 86-537017 of the official records of San Diego County, California, is hereby released as the obligations under said agreements have been satisfied as they pertain to that certain real property located in the City of Carlsbad, County of San Diego, State of California, described as follows: PARCEL 1: Lots 104 through 110, 112 through 119 and 124 through 129, of Carlsbad Tract 77-2 Unit No. 4, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 10054, filed in the Office of the County Recorder of San Diego County, April 6, 1981. PARCEL 2: Lots 130 through 143, of Carlsbad Tract 77-2 Unit No. 5, in the City of Carlsbad, County of San Diego, State of California, according to Map No. 10088, filed in the Office of the County Recorder of San Diego County, May 12, 1981. CITY OF CARLSBAD ATTEST: KAREN R. KUNDTZ, Assistant City Clerk Approved as to Form: Vincent F. Biondo, Jr. City Attorney STATE OF CALIFORNIA COUNTY OF SAN DIEGO ) ss. /??/. before me, the undersigned, a Notary Public in and for said State, personally appeared Vincent^F1. Biondo, Jr., personally known to me, or proved to me on the basis of satisfactory evidence, to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same. WITNESS my hand and official seal. (SEAL) OFFICIAL SEAL KAREN R KUNDTZ NOTAftVnttUC-CAUFMWA MWCJM4.0WCEIN SAN WMO COUNTYMy. Comm Fjqx S«pl 27.1993 MtfvSL---±£~€X 1633 tling Requested By and Return To: CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, CA 92008 88-€S53l? RELEASE OF AGREEMENT TO PAY PUBLIC FACILITIES FEES RF4.00. PLEASE TAKE NOTICE that the Agreement For Payment Of Public Facilities Fees between the City of Carlsbad and Genstar Development & McKellar Development La Jo11 (83-112) required by an Application for PUD-63 10 -3.8 -8-3 , as Document No. 83-391118 and recorded on is hereby released for the following reason: • | | Fees Paid and Obligation Satisfied | j Application Withdrawn xxj Other Changed to PUD 39A DATED:12/12/88 CITY OF CARLSBAD By ^ MARTIN ORENYAK ^ Community Development Director ATTEST: ALETHA L. RAUTENKRANZ City Clerk APPROVED AS TO FORM: VINCENT F. BIONDO, JR. City Attorney •) AS TO FORM: F. BIONDO, JR., CITY ATTORNEY 1634 •.*> STATE OF CALIFORNIA ) ) s s COUNTY OF SAN DIEGO ) On December 14, 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. to***************************** * .rfpjg^ OFFICIAL SEAL 5 * /CSm KAREN R. KUNDTZ J * Ki^^P NOTARY PUBLIC-CALIFORNIA J * \I8k*!/ SAN DIEGO COUNTY ** ^552*' My Cornm Exp. Sept. 27, 1989 J ****************************** Ndtary Public! -—' < ' <—^ 1573 •RECORDING REQUESTED BY AND WHEN RECORDED .MAIL TO: CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, California 92008 83-3 014'18•nrrw^ra'fw ^ u r u r TftT22 AST!: 2°M.'2-o' Space above this line f or~-ft e c o r d e f ' s-<~«-€f e rtjn PPF- Docuraentary transfer tax: $ No fee Signature of declarant determining tax-firm name City of Carlsbad Parcel No.St. AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 12 day ofSeptember , 19 83 by and between McKellar Development of La Jolla a Corporation (Name of Developer) , hereinafter referred to as (Corporation, partnership, etc.) "Developer" whose address is 1250 Prr>.qppr;t S1-r<=>«a*-, fini-HA im (Street) La Jolla, CA 92037 (City, State, Zip Code) and Genstar Development Inc. (Broodmoor Homes Division) (Name o~f Legal Owner) a Corporation (C o r p o r at ion, etc. ) "Owner" whose address is 11230 Sorrento Valley Rd. , hereinafter referred to as (Street) San Diego, CA 92125 (City, State, Zip Code) AND the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City", whose address is 1200 Elm Avenue, Carlsbad, California, 92008. 1573 Assessor's Parcel Numbers 156-320-01-32,34 156-332-01-36 156-331-01-27 156-340-01-14 - 1574 RECITALS WHEREAS, Owner is the owner of the real property described on Exhibit "A", attached to and made a part of this agreement, and 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: _ 96 Zero lot line homes on said Property, which development carries the proposed name of Los Arboles and is hereinafter referred to as "Development"; and WHEREAS, Developer filed on the day of 19 , with the City a request for Planned Development Amendment 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 incorporated by this reference); and WHEREAS, Developer, Owner and City recognize the correctness of Council Policy No. 17 dated April 2, 1982, 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 -2- REV 4-2-82 . " • ' ' ^'"X - M fM K -'''i'*S,,. - ' v^ < 1575 ^ 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 and Owner are aware that th-e' City cannot and will not be able to make any such findings 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 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 2% 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 Carlsbad Municipal Code. Developer and Owner shall pay a fee for conversion of existing building 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 terras "other construction permits", "other construction permit" and "entitlement for use" as used in this agreement, except in reference to mobilehome sites or -3- REV 4-2-82 . 1576•".,.,' , .,• 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 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. 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 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 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'£ee required by this agreement is paid. -A- ,. 1577 . 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 and Owner 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 made 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 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 may have been designated, postage prepaid and certified. -5- REV 4-2-82 1578 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 the City, and- references to Developer, Owner 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. 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 interest1in 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 on the Property. When the obligations of this agreement have been satisfied, City shall record a release. -6- ___ . A-9-82 1579 IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. OWNER:DEVELOPER: of La Jolla BY Christopher S. McKella TITLE .President TITLE Vice President ATTEST:CITY OF CARLSBAD, a municipal corporation of the State of Califor»nia ( ALETHA L. RAUTENKRANZ City Clerk APPROVED AS TO FORM: Daniel a flentscke, VINCENT F. BIONDO, JR., City Attorney (Notarial acknowledgement of execution by DEVELOPER and OWNER must be attached.) -7- REV 4-2-82 (Corporation) STATE OF CALIFORNIA COUNTY OF (f/frOon ss in and for said State,VT. (known to me) (or proved to me on the basis of satisfactory evidence) to be th., President, and dt//t-t-/S9-*l1 /^ >?? / ^. known to me) (or proved to me on the basis of satisfactory evidence) to be_ Y'f. instrument pursuant to its by-laws or a resolution of its board ofdu-ectors. WITNE Form 3216 (CA 12-82) *- OFFICIAL SEAL BEVERLY A. MURPHY NOTARY PUBLIC • CALIFORNIA My Commission Expires January (Thitmmfm- official aottritl utlt (Corporation) STATE OF CALIFORNIA a/gsa SS. COUNTY OF On 0CT. /D /9f3 before me,fl. in and for said State, personally appeared _ £*Jjt-t-lA0J (S/O&lO (known to me) (or proved to me on the basis of satisfactory evidence) to be th« rtlSi ft* Notary Public (known to me) (or proved to me on the basis of satisfactory evidence) to be Secretary of the corporation that executed the within Instrument (known to me) (or proved to me on the basis of satisfactory evidence) 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 absolution of its board of directors. WITNESS my Signature BEVERLY A. MURPHY NOTARY PUBLIC - CALIFORNIA PRINCIPAL OFFICE IN SAN DIEGO COUNTY My Commission Expires rtnu«y21.l987 « Form 3216 (CA 12-82)(Thii in* for officU noUruImiU LEGAL DESCRIPTION ORDER NO. 847224-6 The land referred to herein is situated in the State of California, County of San Diego,, aixd Is described as follows: PARCEL 1: Lots 36 through 67A inclusive of CARLSBAD TRACT 77-2 UNIT 2, in the City of Carlsbad, County of San Diego, State of California according to Map thereof No. 9813 recorded in the Office of the County Recorder of San Diego County on September 26, 1980. PARCEL 2: Lots 70 through 105, inclusive, of CARLSBAD TRACT 77-2 UNIT NO. 3, In the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 10053, filed in the Office of the County Recorder of San Diego County, April 6, 1981. PARCEL 3: Lots 104 through 129 of CARLSBAD TRACT 77-2 UNIT NO. 4, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 10054, filed in the Office of the County Recorder of San Diego County, April 6, 1981. PARCEL 4: lots 130 through 143 of CARLSBAD TRACT 77-2 UNIT NO. 5, in the City of Carlsbad, County of San Diego, State of California, according to Map 10088, filed in the Office of the County Recorder of San Diego County, May 12, 1981. sm/mb