HomeMy WebLinkAboutCP 98-04; Hartsock, William and Kimberly; 1999-0096033; Public Facilities Fee Agreement/ReleaseDOC ,-c 1999-0096033
FEE3 1’79 1999 2:25 PMi
7255 OFFICIAL RECORDS SAN DIEGO CUTY REfXRDEfl ‘S OFFICE GREGORY fiEt41TH, CUg4TYYRECORDER : .
RECORDING REQUESTED BY AND >
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City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Drive
Carlsbad, California 92008- 1989
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
FOR OUTSIDE THE BOUNDARIES OF COhrlMuNITY FACILITIES DISTRICT NO. 1
Parcel No. PB>-150-4flOtl
THIS AGREEMENT is entered into this 14th day of Januaw ,19 99 )
byandbetween (nameofdeveloper-owner) William D. Hartsock & Kimberlv M. &&xk
i&mtjwmtimWkb*&k i Mxidml t , hereinafter referred to as “Developer”
whose address is (street, city state, zip code) * 3582 Ca ino Aren
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.
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: mi ni umi 7e the
Duolex at 4683 Park Dr.. Carlsbad. CA 97008 on said Property, which
Form Approved By City Council July 2, 199 1
Resolution No. 9 l-1 94KJH
Form 17
Per Jane Mobaldi, Rev. 01/l l/96
d&G0
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developmentcarriestheproposednameof Hartsock Condominium Conversion CP 98-04
and is hereafter referred to as “Development”; and
WHEREAS, Developer filed on the 13th day of February ,19 98 ->
withthecityarequestfor Condominium Permit 98-04. which reauests a Permit to
condominiumize the duolex located at 4683 Park Drive, Carlsbd, CA 97008
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 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 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:
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 2,1991 2 Form 17
Resolution No. 91-194/KJH Per Jane Mobaidi, Rev. 01/l l/96
7257
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
3 . t 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 shalt 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.
Form Approved By City Council July 2, 1991
Resolution No. 91-194/KJH
3 Form 17
Per Jane Mobaldi, Rev. 01/l l/96
7258
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 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.
8. This agreement shail be binding upon and shalt 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. 91-194KIH
Form 17
Per Jane Mobaldi. Rev. 01/l l/96
C A
7259
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, 199 1
Resolution No. 91- I94iKJH
Form 17
Per Jane Mobaldi, Rev. 01/l l/96
. ‘72GO
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
.‘.. By: ;:q-n-.., k c‘
MARTIN ORENYAK, for City Manager
ATTEST:
lj/ L.L./A~-~ b, hlAR%3ocK _ (print name)
&r~ljL’E~ - bEC/~Q~&I& APPROVED AS TO FORM:
(title) RONALD R. BALL, City Attorney
(print name)
(Notarial acknowledgment of execution ofDEVELOPER and OWNER must be attache@
(President or vice president AND secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certiJied by the secretary or assistant secretary
under corporate seal empowering that o@cer to bind the corporation).
(If signed by an individual partner, the partnership must attach a statement of partnership authorizing
the partner to execute this instrument).
Form Approved By City Council July 2, 1991
Resolution No. 91- 194/KJH Form 17
Per Jane Mobaidi. Rev. 01/l l/96
7261
EXHIBIT “A”
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF SAN DJEGO AND IS DESCRIBED AS FOLLOWS:
PARCEL 1:
ALL OF LOT 64 OF THAT TRACT DESCRIBED IN MAP NO. 5162, IN THE
CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
RECORDED THE OFFICE OF THE COUNTY RECORDER SAN DIEGO COUNTY,
CALIFORNIA, APRIL 23, 1963.
EXCEPTING AN EASEMENT FOR BOTH STORM DRAIN AND TREE MAINTENANCE
PURPOSES OVER A STfUP OF LAND 15 FEET WIDE ADJACENT TO THE
BOUNDARY COMMON TO SAID LOTS 74 AND 64 AS RESERVED BY JANSS
CORPORATION IN DEED RECORDED OCTOBER 30, 1967 AS FILE NO.
168140 OF OFFICIAL RECORDS AND RESERVED IN VARIOUS DEEDS OF
RECORD.
EXCEPTING ALL THE OIL, GAS, MINEJb% AND OTHER HYDROCARBON
SUBSTANCES LYING BELOW A DEPTH OF 500 FEET FROM THE SURFACE OF
SAID LAND, WITHOUT, HOWEVER THE RIGHT OF SURFACE ENTRY.
PARCEL 2:
A NON-EXCLUSIVE EASEMENT AND RIGHT OF WAY FOR PEDESTRIAN AND
VEHICULAR INGRESS AND EGRESS, INCLUDING THE RIGHT TO TRANSPORT
SMALL WATERCRAFT, OVER LOT 15 OF THAT TRACT DESCRIBED IN MAP
NO. 5162, RECORDED IN THE OFFICE OF THE COUNTY RECORDER, SAN
DIEGO COUNTY, STATE OF CALIFORNIA, ON APRIL 23, 1963, WHICH
EASEMENT IS FOR THE BENEFIT OF AND APPURTENANT TO THE
HEREINABOVE DESCRIBED PARCEL 1 AND, BEING APPURTENANT, SHALL
RUNWITHTHELAND.
PARCEL 3:
A NON-EXCLUSIVE EASEMENT AND RIGHT OF WAY FOR VEHICULAR AND
SMALL WATERCRAFT INGRESS AND EGRESS OVER LOT 74 OF THAT TRACT
DESCRIBED IN MAF NO. 5162, RECORDED IN THE OFFICE OF THE COUNTY
RECORDER, SAN DIEGO mUNTY, CALIFORNJA, ON ApRa 23, 1963, WHICH
EASEMENT IS FOR THE BENEFIT OF AND APPURTENANT TO THE
HEREINABOVE DESCRIBED PARCEL 1.
AN EASEMENT OVER THAT PORTION OF THE ABOVE REFERENCED LOT 74 OF
SAID TRACT DESCRIBED IN MAP NO. 5162, RECORDED IN THE OFFICE OF
THE COUNTY RECORDER, SAN DIEGO COUNTY, CALIFORNIA, ON APRIL 23,
1963, WHICH PORTION IS WHARFAGE ARE 64 AS DELINEATED IN
EXHIBIT “B” ATTACHED TO AND INCORPORATED IN THE ABOVE
REFERENCED DECLARATION OF RESTRICTIONS AND PROTECTIVE
COVENANTS, SAID EASEMENT TO BE FOR THE EXCLUSIVE RIGHT TO
CONSTRUCT, MAINTAJN AND USE A WHARFAGE FACILITY PURSUANT TO
SAID DECLARATION OF RESTRICTIONS AND PROTECTIVE COVENANTS, AND APPURTENANT TO PARCEL 1 ABOVE.
Form Approved By City Council July 2, 1991
Resolution No. 91-194/KJH Form 17
Per Jane Mobaldi, Rev. 01/l l/96 .”
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7262
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On 5 arwAY IL\ ) wlq before me, \I 1 tb4+kd%k
Notary Public, personally appeared W i I\I&VI Pq f 6 \ntbU1\1 M. fk~+bdC , [ ] -11~
,-or [v’] proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) *h/@ b su scribed to the within instrument and acknowledged to me that ~/$e/@
executed the same in%@/jM@ e’ au th orized capacity(ies), and that by M/h&f@ 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.
(Si&ature/rf Notary) ’
Form Approved By City Council July 2, 1991
Resolution No. 9 1 - 194/KJH Form 17
Per Jane Mobaldi. Rev. 01/I l/96