HomeMy WebLinkAboutCT 97-24; May, James and Patricia; 1998-0101135; Public Facilities Fee Agreement/ReleaseA
. . . . 339
RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: 1
) City Clerk )
DOE ", 1938-0~01135
FEJ3 263 1998 2=22 PM
OFFICIAL RECORDS S&4 DIE&J CUliNTY RECDRDER’S OFFICE GREGORY J. !NTH, CUlMTY RECORDER FEES: 28.00
I 111111811 lllll III Ill1 I~~~~~~lJjJ~llll III Ill11 lllll II11 Ill
CITY OF CARLSBAD 1 1200 Carlsbad Village Drive ’ 1 Carlsbad, California 92008- 1989 Ij. 1 :
Space above this line for Recorder’s use
Parcel No. ~a7-tw-t77
AGREEMENT BETWEEN DEVELOPER-OWNER ct 4’7~a+
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
FOR OUTSIDE THE BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 1
THIS AGREEMENT is entered into this x&z
by and between (name of developer-owner) SQf)leS qL P&&4& in&
[BUS Gau64us A%/ ., &&&I$ &M &J&h,\’ w I I f/
a (corporation, partnership, etc.) J hereinafter referred to as “Developer”
whose address is (street, city, state, zip code) 9247 PWL b-i/w
Isbd CA 72008 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.
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 proposed a development project as follows: /4-Lo+
on said Property, which
Form Approved By City Council July 2, 1991
Resolution No. 9 l-1 94KJH
1 Form 17
Per Jane Mobaldi. Rev. 01/l l/96
. 340 A
development carries the proposed name of
and is hereafter referred to as “Development”; and
WHJZEAS, Developer filed on the ZSy of 3MZ. 3 P5!$z,
with the City a request for -lAva+c y-i&d /h&/J 1 %m cAwy&,
ctutga-I bl)tiBPti ?~h%‘ Locat c&SAC 1
?mqmF QmeP&bl4-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 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 July
2, 199 1, 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 facibties 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:
1. The Developer shall pay to the City a public facilities fee in an amount not to exceed
3.5% 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
Form Approved By City Council July 2,199l 2 Form 17
Resolution No. 91-194/KJH Per Jane Mobaldi, Rev. 01/l l/96
h 341 h
Municipal Code. Developer shall pay a fee for conversion of existing building or structures into
condominiums in an amount not to exceed 3.5% 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 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 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 be- come 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 fee required by this
agreement is paid.
Fom Approved By City Council July 2, 1991
Resolution No. 91-194/KJH
3 Fom 17
Per Jane Mobaldi, Rev. 01/l l/96
3 4 2 -
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.
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 City, and references to Developer 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.
Form Approved By City Council July 2, 1991
Resolution No. 91- 194KJH
4 Fonu 17
Per Jane Mobaldi, Rev. 01/l l/96
A 343
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.
Form Approved By City Council July 2,199l
Resolution No. 91-194/KJH
Form 17
Per Jane Mobaldi, Rev. 01/l l/96
h
344 -
IN WITIVESS WHEREOF, this agreement is executed in San Diego County, California as of the
date first written above.
DEVELOPER-OWNER:
(Name of Developer)
%-?5&26S ZbGdvs Aaw (print name)
CITY OF CARLSBAD, a municipal corporation
of the State of California
By: &l--+3+ tiTIN-#@%IYAaor City Manager
ATTEST:
d-&L%5p&&- ALETHA L. RAUTENKRANZ, City Clerk J
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
c By:
eputy City Attorney
2i$zx&2 4#?zLu /Ge%+i/ (print name)
A L2kMlie (title)
(Notarial acknowledgment of execution of DEVELOPER and OWNER must be attached).
(President or vice president A/VD 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 bind the corporation)
Form Approved By City Council July 2, 1991
Resolution No. 91-194KJH
6 Form 17
Per Jane Mobaldi, Rev. 01/l l/96
345
EXHIBIT “A”
LEGAL DESCRIPTION
h
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
THAT PORTION OF LOT”I” OF RANCH0 AGUA HEDIONDA, IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 823, FILED
IN THE OFFICE OF THE RECORDER OF SAID SAN DIEGO COUNTY, NOVEMBER 16,
1896, DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE WESTERLY LINE OF SAID LOT “I”
WITH THE CENTER LINE OF MONROE STREET AS SHOWN ON THE MAP NO. 1681
OF THUM LANDS ON FILE IN THE OFFICE OF THE RECORDER OF SAID SAN DIEGO
COUNTY, DECEMBER 12,1915 BEING THE MOST WESTERLY CORNER OF LAND
DESCRIBED IN DEED TO R.W. POINDEXTER DATED JUNE 30,1941 AND RECORDED
IN BOOK 1221, PAGE 14 OF OFFICIAL RECORDS, SAID POINT OF COMMENCEMENT
BEING ALSO THE MOST NORTHERLY CORNER OF BELLA VISTA ACCORDING TO
THE MAP THEREOF NO. 2152 ON FILE IN THE OFFICE OF THE RECORDER OF SAID
SAN DIEGO COUNTY MARCH 7, 1929; THENCE ALONG THE NORTHEASTERLY
BOUNDARY OF BELLA VISTA, BEING ALSO THE SOUTHWESTERLY LINE OF ROAD
SURVEY NO. 975, ACCORDING TO THE MAP THEREOF ON FILE IN THE OFFICE OF
THE COUNTY ENGINEER OF SAID SAN DIEGO COUNTY AS FOLLOWS: SOUTH
28”39’00” EAST, 397.70 FEET (RECORD-397.56 FEET) TO AN ANGLE POINT IN SAID
BOUNDARY; THENCE SOUTH 26”11’00” WEST, ALONG SAID BOUNDARY, 40.00
FEET, MORE OR LESS, TO AN INTERSECTION WITH THE NORTHWESTERLY
PROLONGATION OF THE SOUTHWESTERLY LINE OF MONROE STREET AS SHOWN
ON MAP NO. 2647 OF CARLSBAD HIGHLANDS FILED IN THE OFFICE OF THE
RECORDER OF SAN DIEGO COUNTY, APRIL 18,1950, AND BEING THE TRUE POINT
OF BEGINNING; THENCE CONTINUING ALONG THE EASTERLY BOUNDARY OF SAID
BELLA VISTA AND THE WESTERLY LINE OF ROAD SURVEY NO. 975, SOUTH
26"11'00" WEST 479.13 FEET TO THE SOUTHWESTERLY CORNER OF SAID LAND
OF POINDEXTER; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID LAND
SOUTH 63”49’00” EAST 425.00 FEET TO THE SOUTHEASTERLY CORNER OF SAID
LAND, BEING A POINT ON THE SOUTHWESTERLY PROLONGATION OF THE
NORTHWESTERLY LINE OF LOT 36 OF SAID CARLSBAD HIGHLANDS; THENCE
ALONG SAID PROLONGATION AND ALONG THE NORTHWESTERLY LINE OF SAID
LOT 36, NORTH 26”11’00” EAST, 479.13 FEET TO THE NORTHWESTERLY CORNER
OF SAID LOT, BEING A POINT ON THE AFOREMENTIONED SOUTHWESTERLY LINE
OF MONROE STREET AS SHOWN ON MAP NO. 2647; THENCE ALONG SAID
SOUTHWESTERLY LINE AND THE NORTHWESTERLY PROLONGATION THEREOF,
NORTH 63”49’00” WEST 425.00 FEET TO THE TRUE POINT OF BEGINNING.
Form Approved By City Council July 2, 1991 7 Resolution No. 9 I- 194KJH Form 17
Per Jane Mobaldi, Rev. 01/l l/96
. ’
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On &,mbes. 14 , \ qs7 before me, ttr;\l\U n a B&
Notary Public, personally appeared
4
Jme5 Du,$$~s tin ~Z&~;QCCA~(~ 1 personally
known to me - or [ rN proved to me on the basis of satisfactory evidence to be the pers % (s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that he/she
executed the same in his/he 43 ei authorized capacity(ies), and that by his/her@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 2,1991
Resolution No. 9 1 - 194KJH
Fom 17
Per Jane Mobaldi, Rev. 01/11/96