HomeMy WebLinkAboutCDP 97-33; Richmond American Homes of California Inc; 1997-0594352; Public Facilities Fee Agreement/Release. -
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“)oc # 1997-0594352
twu 24, 1997 12:5&i Pll
: 678 OFFICIAL RECORDS SAN DIEGO CWNTY RECORDER’S DFFICE GREGORYF;iSSl’lITH 7 C;;N; RECORDER I .
RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: >
) City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Drive ’ 1 Carlsbad, California 92008-l 989 1
Space above this line for Recorder’s use
Parcel No. 215-644-12
COP %-s
AGREEMENT BETWEEN OWNER, DEVELOPER
AND THE CITY OF CARLSBAD FORTHE
PAYMENT OF A PUBLIC FACILITIES FEE
FOR INSIDE THE BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 1
THIS AGREEMENT is entered into this 8 fh day of ALGLI ST ,199’ ,
byandbetween (nameofdeveloper) Richmond American Homes of California, Inc.
a (corporation, partnership, etc.) corporation , hereinafter referred to as “Developer”
whose address is (street, city, state, zip code) 17310 Red Hill Avenue, Irvine, CA 92714
and (name of legal owner) Aviara Land Associates
* . a (individual, corporation, etc.) Limited Partnership , hereinafter referred to as “Owner”
whose address is (street, city, state, zip code) 2011 Palomar Airport Road, Suite 20 6
Carlsbad, CA 92009
AND
the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as
“City”, whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 9200% 1989.
Form Approved By City Council July 2,199l
Resolution No. 91-194KJI-I
I Form 18A
Per Jane Mobaldi, Rev. 01/l l/96
. . - A
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679
RECITALS
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 a
developmentprojectasfollows:'parcel split of one or>en snace lot j nto two
open space lots on said Properly, which development carries the proposed name of
Aviara Planning Area 30
and is hereafter referred to as “Development”; and
WHEREAS, Developer filed on the &tik& /8* day of , 1997 ,withthe
City a request for Q Pprmj t
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 availabie 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 July
2, 1991, 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 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 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 and Owner propose to help
satisfy the General Plan as implemented by Council Policy No. 17 by payment of a public facilities fee.
Form Approved By City Council July 2, 1991
Resolution No. 9 1 - 194KJI-I
2 Form 18A
Per Jane Mobaldi, Rev. 01/l l/96
.
_ , : 680
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
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 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 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 2 1 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 offer
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
Form Approved By City Council July 2, 1991 3 Form 18A
Resolution No. 9 1 - 194iKJH Per Jane Mobaldi, Rev. 01/l l/96
. I . 681
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 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 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 giving such notice or by a duly author&d 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 many have been designated, postage prepaid and certified.
Form Approved By City Council July 2,199l
Resolution No. 91- 194KJH
4 Form 18A
Per Jane Mobaldi, Rev. 01/l l/96
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. If 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 if 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, City shall record a release.
. . .
. . .
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Form Approved By City Council July 2, 1991
Resolution No. 9 1 - 194KJH
5 Form 18A
Per Jane Mobaldi, Rev. 01/l 1196
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I 683 - ’ ,
IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the
date first written above.
OWNER:
2r
LAND ASSOCIATES
(prmt name)
vk-5 l&4-
(print name)
(title)
CITY OF CARLSBAD, a municipal corporation
of the State of Cali#&a
A’lTEST:
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
DEVELOPER:
RICHMOND AMERICAN HOMES OF CALIFORNIA, INC. A COLORADO CORPORATION
(name of developer)
Robert T. Shiota (Notarial acknowledgment of execution of (print name) DEVELOPER and OWNER must be attached).
Vice President &.Division Manager Richmond American Homes of Cal l ’ InpPresident or vice president AND secretary or assistant secretary must sign for
corporations. If only one officer signs, the
corporation must attach a resolution certified
by the secretary or assistant secretary under
corporate seal empowering that officer to
Robert L. Salomon bind the corporation)
(print name)
Assistant Secretarywnd -ericanHomes of Cal., Inc. (title and organization of signatory)
Form Approved By City Council July 2.1991
Resolution No. 91-194KJH
6 Form 18A
Per Jane Mobaldi, Rev. 01/l l/96
.
EXHIBIT “A”
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
LOT 106 OF CITY OF CARLSBAD TRACT NO. 90-30 AVIARA PLANNING AREA 30
UNIT 3, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13431, FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 12, 1997.
FormApproved By City CouncilJuly2,1991
ResolutionNo.91-194KJH
7 FonnlSA
Per Jane Mobaldi, Rev. 0111 l/96
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*
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P . .
STATE OF CALIFORNIA
h
685
COUNTY OF SAN DIEGO
On q/&//,/~ before me,
Notary Public, personally appeared,&.1 .L/J=&& 5 5, $‘-~fl,#$Z&r,vW/ .pd , personally
known to me - or [ ] proved to me on the basis of satisfktory evidence to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that h&he/they
executed the same in his/her/their author&d capacity(ies), and that by hi&her/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 official seal.
,
.
Form Approved By City Council July 2,199l
Resolution No. 91-194KJH
8 Form 18A
Per Jane Mobaldi, Rev. 01/l l/96
-
State of
County of c?~uGE
On Ac)&U%J- 8.1991 before me, #?&ME!&+ K RILLEti. Nwm8
Date Name and Title of Officer (e.g.. “Jane Doe, Notar? Public”)
personally appeared -eT K SH!m’ . B&i- L . C~MOd
Name&) of Signer(s)
xpersonally known to me - OR - 0 proved to me on the basis of satisfactory evidence 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/their authorized capacity(ies), and that by
his/her/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 official seal.
Sign re of Notary Public
-CALiFORNIA ALL-PURPOSE ACKNOWLEDGMENT 1 68s
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer’s Name:
0 Individual
0 Corporate Officer
Title(s):
q Partner - C Limited q General
0 Attorney-in-Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing:
Top of thumb here
Signer’s Name:
0 Individual
0 Corporate Officer
Title(s):
0 Partner - q Limited q General
0 Attorney-in-Fact
0 Trustee
C Guardian or Conservator
0 Other:
Signer Is Representing:
Top of thumb here
0 1995 National Notary Associatnn * 6236 Remmet Ave., P.O. Box 71&l l Canoga Park, CA 91309.7184 Prod. No. 5907 Reorder: Call Toll-Free 1-600-876-6627