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Home My WebLink AboutCP 99-01; Sierra Linda Development; 1999-0457176; Public Facilities Fee Agreement/ReleaseDOC # 1999-0457176 J I.. I . 1 . 13443 JlJN 30, 1999 3~07 PM rnICI# REaRDs ~~~~~~ FiEs: ’ 31.00 Ill lllllll II II IllI mllllllllllllll IQQQ-0457176 Space above this line for Recorder’s use RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: i City Clerk CITY OF CARLSBAD ; 1200 Carlsbad Village Drive Carlsbad, California 9200% 1989 ; AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE FOR OUTSIDE THE BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 1 Parcel No. &2216- t70-36 THIS AGREEMENT is entered into this 4* day of ./d,m/r 1999, by and between (name ofdeveloper) a (corporation, parlnershipV etc.) L L.C. , hereinafter referred to as “Developer” whose address is (street, city, state, zip code) ,z 19 /Mw?x7od t//92? du!!/ ENC/W/7AS, c4 92ozq and (name of legal owner) ,&!Ati 1 L;> A. d AOA/7zO a (individual, corporation, etc.) /&~V/QU&L , hereinafter referred to as “Owner” whose address is (street, city, state, zip code) 219 /t4ksmw v)/KA u/Ay, &i5uzY/v/.Hs CA. 9ZB24 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 18 Per Jane Mobaldi, Rev. 01/l f/96 fLyqg CP 97-o/ 1344 1 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: 4 u/L//r &avzu~/n// on said Property, which development carries the proposed name of k+Wh!E&Ey’ and is hereafter referred to as “Development”; and WHEREAS, Developer filed on the JAI%.+4 ,Y 7 * day of City a request for 9 LJMI CWCb&Mi~W a59;e& 1) 1944, with the -hereinafter referred to as “Request”; and WHEREAS, the Public Facilities Element of the City General Plan requires that the City Council find that all pubfic 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, Deveioper and City recugnize 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 avaiIable 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 2 Form 18 Resolution No. 91- 194/KJH Per Jane Mobaidi. Rev. 01/l l/96 13445 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 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 2 1 of the Carlsbad Municipal Code. Developer and Owner shaI1 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 and Owner 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 l&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 18 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 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. Form Approved By City Council July 2, 1991 Resolution No. 91-I 94/KJH 4 Form 18 Per Jane Mobaldi, Rev. 01/l l/96 13447 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. . . . . . . . . . . . . Form Approved By City Council July 2, 1991 Resolution No. 91-194/KJH 5 Form 18 Per Jane Mobaldi, Rev. 01/l I/96 13418 . IN WITNESS WHEREOF, this agreement is executed in San Diego County. California as of the date first written above. : /44&9&d Pkz4 k-j+q,u CITY OF CARLSBAD, a municipal corporation of the State of California (Signature) J?&‘@ A / /3c//\/Ta (print name) (title) .- (print name) (title) DEVELOPER: - ._.__” By: -= LG--Y- -L- MARTIN ORENYAK. for City ATTEST: @gnaTtire) p4.L 6* lkw (print name) APPROVED AS TO FO& RONALD R. BALL, City Attorney By: (print name) J/d friiaww (title and organization of signatory) Form Approved By City Council July 2,199l Resolution No. 91-194/KJH 6 (Notarial acknowledgment of execution of DE VELUPER and OWNER must be attached). {President or vice president Am secretary or assistant secretary must sign for cornorations. If only one o@cer signs, the corporation must attach a resolution certiJed by the secretary or assistant secretary under corporate seal empowering that oficer 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 18 Per Jane Mobaldi. Rev. 01/l l/96 13449 EXHIBIT “A” LEGAL DESCRIPTION Form Approved By City Council July 2, 1991 Resolution No. 91-194KJH 7 Form I8 Per Jane Mobaldi. Rev. 01/l l/96 . , . !. STATE OF CALIFORNIA . 1 13450 COUNTY OF SAN DIEGO On maA/\/1 4 , C Y‘? ‘4 before me, w&.?vTj, ~JQ,/ T& 1’C \ ” 1 Notary Public, personally appeared -%dJ 6-e \Iv\iw% > M personally known to me - wmisfactory &&nce-to be the personb$whose namers subscribed to the within instrument and acknowledged to me that @ l&t&- executed the same in ir author&d capacity&& and that by on the instrument the personM or the entity upon behalf of which the person&$ acted. executed the instrument. WITNESS my hand and offkial seal. Form Approved By City Council July 2, 1991 Resolution No. 91-194/KJH 8 Form 18 Per Jane Mobaldi, Rev. 01/l l/96 . I 13451 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORIA 1 ] ss. COUNTY OF SAN DIEGO 1 On June 17, 1999, before me, Elizabeth Mosley Notary Public, personally appeared%wlVJ b* rwbm personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. THIS AREA FOR OFFICIAL NOTARIAL SEAL lit Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT q INDIVIDUAL CORPORATE OFFICER P&-M&mcr TITLE TITLE OR TYPE OF DOCUMENT cl PARTNERS El LIMITE GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR NUMBEk OF PAGES u OTHER: SIGNER IS REPRESENTING: (NAME OF PERSON OR ENTITY)