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HomeMy WebLinkAboutSDP 86-2; HUNT, W.H. AND N. B.; 90-386628; Public Facilities Fee Agreement/Release2005 386628 Recording Requested By and Return To: CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, CA 92008 ii 1 7 PH ?40 RELEASE OF AGREEMENT TO PAY PUBLIC FACILITIES FEES RF 6.00 AR 2.00 MG1.00 PLEASE TAKE NOTICE that the Agreement For Payment of Public Facilities Fees between the City of Carlsbad and Hunt. w.H. & N.B. fafi-yq 1 L * required by an Application for CT-85-35/GPA/LU-86-9/GPA/LU-85-2ll\/l P \1~l/ and recorded on , as Document No. 86-509319 is hereby released for the following reason: r 1 Fees Paid and Obligation Satisfied | ) Application Withdrawn I)CKK Other Superseded by Record # 87-647735 and 89-296176 Dated: June 26, 1990 CITY OF C By MARTIN ORENYA\ Community Development Director ATTEST: ALETHA L. RAUTENKRANZ City Clerk APPROVED AS. BY.EN J. HlRATA CITY ATTORNEY VINCENT F. BIONDO, JR. City Attorney STATE OF CALIFORNIA ) } COUNTY OF SAN DIEGO ) 2006 s s On July 9, 1990 , before me the undersigned, a Notary Public in and for said State, personnally appeared Aletha L. Rautenkranz known to me to be the City Clerk of the City or 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. OFFICIAL SIALKAREN R. KUNDTZ NOtMVPUILIC-CALIFORNIA PRINCIPAL OFFICE IN SAN OIE60 COUNTY My. Comm. Exp. S«pl 27,1993 or 72 8^5093 I 9_ ) ! 0f: SAN yi'etu ebuNiY, c A. CITY OF CARLSBAD ) 1388 NOV -6 PH Z 00 1200 Elm Avenue ) Carlsbad, California 92008 j VERAL.LYl.ECDUNiYtCCORPER Space above this line for Recorder's use RF . AfPT MG / Documentary transfer Signature of declarant determining tax -firm name City of Carlsbad Parcel No. • SEE ATTACHED LIST AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 29th day of August . 19 86 by and between w. H. Hunt and N. B. Hunt (name of developer-owner) a individuals , hereinafter referred to as (Corporation, partnership, etc.) c/o HPI Development Company "Developer" whose address is 7707 El Camino Real (street) Carlsbad, CA 92008 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, Califor^ 92008. WITNESSETH: WHEREAS, Developer is the owner of the real property descritf 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 mixed-use residential, commercial, recreational, and open space Planned Community. new A oo oc GPA/LU 36-9 GPA/LU 85-2 MP-177Ktv I-^-BO ODC 73 HUNT PROPERTIES, INC. ASSESSORS PARCEL NUMBERS / y J J 215-020-13, 215-021-04, 215-051-10, 215-080-02, 216-121-12, 216-122-01,]216-122-13, -216-122-23, ^216-122-24, J255-021-01, J255-021 -02,-£55-011-01, -255-011-04, -255-024-01, -257-040-15, 2-16-111-01 ,-216-111-02, ^14-170-51, -216-150-06, ^2.16-150-07, ^6-110-02, ^216-110-19, -216-110-28, ^5-040-02-01 and 215-040-02-02, "2-15-040-15,^215-040-16,-215-070-05-01 and 215-070-05-02, -215-050-14, 839-037-81-63 OJC 74 on'said Property, which development carries the proposed name of The Pacific Rim Country Club and Resort and is hereafter referred to as "Development"; and WHEREAS, Developer filed on the 22nd day of January 19 85 , with the City a request for Master Plan, Tentative Map, Site Development Plans, Planned Developments, Local Coastal Program 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 is incorporated by this reference); and * WHEREAS, Developer and City recognize the correctness of Council Policy No. 17, dated April 22, 1986, 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 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: -2- REV 4-22-86 ' ooc', 75 1. Trie Developer shall pay to the City a public facilities fee in an amount not to exceed 2.5% 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 shall pay a fee for conversion of existing building or structures into condominiums in an amount not to exceed 2.5% 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 te 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 shall pay the 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 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 -3- REV 4-22-86 facilities, the City shall consider, but is not obligated to accept the offer. Tne 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 it 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 nereunder shall terminate in the event the Requests made by Developer are not approved. -4- REV 4-22-86 'j., Vf 7. Any notice from one party to tne other shall be in writing, and snail be dated and signed by tne party giving such notice or by a duly authorized representative of such party. Any such notice snail 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 tne 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. *e 8. This agreement shall be binding upon and shall ensure 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 nave first assumed in writing the Developer's obligations hereunder. 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, City shall record a release. -5- REV 4-22-86 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 (name) BY W. ET. Hunt Owner TTi tie) BY B. Bunt Owner (Title) MARTIN ORLNYAK For F. D. Aleshire, City Manager ATTEST: ALL HA L. KAU LNKK APPROVED AS Tl VINCENT F. BIONDO, JR., City Attorney (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) -6- REV 4-22-86 ACKNOWLEDGMENT 79 THE STATE OF TEXAS ) COUNTY OF DALLAS ) Before me, the undersigned authority, on this day personally appeared JW. H. Hunt known to me to be the person whose name subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office on this the 29th day of August, A.D. 1986 My commission expires JEANNE M.LEDBETTER, NoteyftMte for the State of Texas ,, My commission expires '' Notary Public in and for Dallas County, Texas. , 19 H. Printed or stamped name of notary ACKNOWLEDGMENT THE STATE OF TEXAS ) COUNTY OF DALLAS ) Before me, the undersigned authority, on this day personally appeared N.B. Hunt known to me to be the person whose name subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office on this the 29th day of August, A.D., 1986 Notary Public in and for Dallas County, Texas. My commission expires // JEANNE M.LEDBETTER, Notary Pubic for the Stats of Texas /;/ My commission expires /f Printed or stamped name of notary. 93C 80 EXHIBIT "A" LEGAL DESCRIPTION Portions of Sections 26, 27, and 34 in Township 12 South, Range 4 West, San Bernardino Meridian.