HomeMy WebLinkAboutCDP 98-79; Poinsettia Investors LLC; 1999-0437342; Public Facilities Fee Agreement/Release,,
.. . DOG ti 1999-0437342 4 * .
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OFFICML REalRDs ffdMDI&y ~~~~~ . : .
RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: 1 City Clerk
CITY OF CARLSBAD ; 1200 Carlsbad Village Drive
Carlsbad, California 92008 1989 i
llll~l~l~ullliil~lll~~llll~l~l~ll 19994437342
Space above this Ime for Recorder’s use
AGREEMENT BETWEEN OWNER, DEVELOPER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
FOR INSIDE THE BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 1
Parcel No. 214-150-18
THIS AGREEMENT is entered into this 2 0 th day of November ,,I9 98 ,
by and between (name ofdeveloper) Poinsettia Investors, LLC
Limited Liability a (corporation, partnership, etc.) ~owaw , hereinafter referred to as “Developer”
whose address is (street, city, state, zip code) 2777 East Camelback Road, Suite 150,
Phoenix, AZ 85016 and (name of legal owner) Shea Homes
a (individual, corporation, etc.) corWration , hereinafter referred to as “Owner”
whoseaddressis (street, city, state, zip code) 10721 Treena Street, Suite 200,
San Diego, CA 92131
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, 92008- 1989.
. . .
Form Approved By City Council July 2. 1991
Resolution No. 91-194/KJH
1 Form 18A
Per Jane Mobaldi. Rev. 01/l l/96
‘,- . . .
2303
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
development project as follows: lot split to separate commercial and residential
areas of Specific Plan on said Property, which development carries the proposed name of
Parcel C of the Poinsettia ProPerties SDecific Plan
and is hereafter referred to as “Development“; and
WHEREAS, Developer filed on the 2 Oth day of November , 19 g8 with the -2
City a request fur Tentative Parcel Map
hereinafter referred to as I’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, 1991, on tile 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. I7 by payment of a public facilities fee.
Form Approved By City Council July 2, 199 1 2 Form 18A
Resolution No. 91-194/KJH Per Jane Mobaldi. Rev. 01 /I I196
. .
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 2 1 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 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 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, 199 1 3 Form 18A
Resolution No. 91-194/KJH Per Jane Mobaldi. Rev. 01/l l/96
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 faciIities when the City CounciI 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. AlI 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 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 many have been designated, postage prepaid and certified.
Form Approved By City Council July 2, 1991
Resolution No. 91-I 94/KJH
4 Form 18A
Per Jane Mobaldi. Rev. 01/l l/96
e.- . . . . 2306
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 reIease.
. . .
. . .
. . .
. . .
. . .
. . .
Form -4pproved By City Council July 2. 1991
Resolution No. 91- 194/KJH
Form 18A
Per Jane Mobaldi. Rev. 0111 l/96
2307
IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the
d&fiirg*pe. AR?NEXSKLP,aCalifornialimitedpartnership By: J.F. Shea Co., Inc., aNevada mqmraticq GeneralPartner AD, a municipal corporation
MarkEirc&
(print name)
1
Vice President
ATTEST:
nt City Clerk
Dale Holbrook (print name)
APPROVED AS TO FORM:
RONALD R.*Bk$L? City Attorney
Assistant Secretary
(title)
DEVELOPER:
(name of developer)
(Notarial acknowledgment of execution of
QEVELOPER and OWNER must he attached).
(title and organization of signatoa’
(President or vice president Am secretary or
5 G-.
&k !kn?~nly one office; sgns, the corporation must
assistant secretarv must sign for corporations. If 1.
By:
(signature)
LJs \‘\ (, s. LA--L&a
(print name)
attach a resolution certiJied bv the secretary or
assistant secretary under corporate seal
empowering that o&er to bind the corporation).
tYbfq?llti Patn3Ltf~c-, LLC llization df signatory)
(If signed by an individual partner, the
partnership must attach a statement of
partnership author&q the partner to execute
this instrument).
Form Approved By City Council July 2, 1991
Resolution No. 91- 194/KJH
6 Form 18A
Per Jane Mobaldi, Rev. 01/l 1196
- 2309 -
EXHIBIT “A"
LEGALDESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
THOSE PORTIONS OF LOT 3 AND THE NORTH ONE-THIRD OF LOT 4 IN SECTION
29, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO OFFICIAL PLAT THEREOF, BEING DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SECTION 29, TOWNSHIP 12 SOUTH, RANGE 4 WEST, AS SHOWN ON MAP NO. 7476, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY; THENCE ALONG THE EAST SECTION LINE OF
SAID SECTION 29 SOUTH OO38'14" WEST 4474.95 TO A POINT ON THE SOUTHERLY LINE OF THE NORTH ONE THIRD ON SAID LOT 4; THENCE ALONG SAID
SOUTHERLY LINE NORTH 89O10'16" WEST 144.42 FEET TO THE TRUE POINT OF
BEGINNING, SAID POINT ALSO BEING ON THE SOUTHWESTERLY RIGHT-OF-WAY
LINE OF A 200.00 FOOT RIGHT-OF-WAY OF THE ATCHISON, TOPEKA AND SANTA
FE RAILROAD; THENCE CONTINUING ALONG SAID SOUTHERLY LINE NORTH
89O10'16" WEST 565.12 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY
LINE OF THE STATE HIGHWAY AS DESCRIBED IN PARCEL 5A OF FINAL ORDER OF
CONDEMNATION IN SUPERIOR COURT GF.;SAN,DIEGO COUNTY, CASE NO. 165983, A COPY OF WHICH BEING RECORDED APRIL'23,"I952 IN BOOK 4444, PAGE 395 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER IN SAID COUNTY; THENCE ALONG SAID EASTERLY'RIGHT-OF-WAY LINE NORTH 19OO9'02" WEST, 1419.28 FEET TO A POINT ON THE SOUTHERN RIGHT-OF-WAY LINE OF THE
102.00 FOOT WIDE ROAD KNOWN AS POINSETTIA LANE AS DESCRIBED IN PARCEL
1 IN DEED TO THE CITY OF CARLSBAD RECORDED AUGUST 21, 1974 AS DOCUMENT NO. 74-2276010F OFFICIAL RECORDS; THENCE ALONG SAID RIGHT-OF-WAY LINE NORTH 76O56'55" EAST 498.07 FEET TO A POINT ON SAID SOUTHWESTERLY
RIGHT-OF-WAY LINE OF SAID RAiLROAD; THENCE ALONG SAID SOUTHWESTERLY RIGHT-OF-WAY LINE SOUTH 2OO28'04" EAST 1559.87 FEET TO THE TRUE POINT
OF BEGINNING.
EXCEPTING THEREFROM ALL OIL, AND MINERAL RIGHTS BELOW 500 FEET WITHOUT RIGHT OF SURFACE ENTRY As RESERVED BY A-L. SHIPLEY, JR., CONSERVATOR OF THE STATE OF GEORGE H. CAPRON IN DEED RECORDED JUNE 30, 1969 AS
FILE NO:116905 AND RE-RECORDED JULY 23, 1969 AS FILE NO. 132460, BOTH
OF OFFICIAL RECORDS.
Form Approved By City Council July 2, 1991
Resolution No. 91-194KJH
7 Form 18A
Per Jane Mobaldi, Rev. 01/l 1196
. .
2309
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On October 26, 1998, before me, Rhonda M. Angel
Notary Public, personally appeared Mark Brock and Da1e Holbrook , [x] personally
known to me - or [ ] laLgweckkx~mth&~.&4s&s&tetq~4&n~~ to be the person(s) whose
name(s) i&are subscribed to the withim instrument and acknowledged to me that &&k’they
executed the same”ink&#M#their authorized capacity(ies), and that by &s&&heir 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 offkial seal.
(Signature of Notary) c/
Form Approved By City Council July 2, 1991
Resolution No. 91- 194/KJH
8 Form 18A
Per Jane Mobaldi, Rev. 01/l l/96
- . .
STATE OV k ;3-(9/\u,
COUNTY OFCS (Ty\,:q-
On dq~ 2, kqq8 beforeme, TjGq fi, s-tt, 1~55 I
Notary Public, personally appeared?&%. cr\‘. do\ 8 i b5\ ;a .5. L; L-,,.J Lti, , [ ] personally
known to me - or [ ] proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) i subscribed to the within instrument and acknowledged to me that he/she@
executed the same in his/her 43 e’ author&d capacity(ies), and that by his/her 63 eir 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.
(Signature of Notary)
Form Approved By City Council July 2,199l
Resolution No. 91-194KJH
__. JULY 7, Pool t
Form 18A
Per Jane Mobaldi, Rev. 01/l l/96