HomeMy WebLinkAboutCT 79-27; Genstar Development Inc; 82-229266; Public Facilities Fee Agreement/Release. . RECQRMNC f?EOlJE!$‘fED Rv -kfk'!e~ j3ecprdation Return To: ^ -
City Clerk. ' *
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' 82-229266 1209 Fh Ave. C&l&ad, CA 92008 . . Rr'CDRGFD 04
r. OFFlClAt RikcRE5
JGF.EEXEMT RETWEN DFXSLOPER-OWER 1 OFSAN DIEGO CCUNTY.CA. * AND TEE CITY OF CARXSX~D' FOR THE PAYMENT OF X PUSLIC! GCILITIES FEE f982 JUL 27 Abi 0 07 . -- L - ,A ! \‘l;LE c;“$;‘jl $&hi&* -i .
TUIS AG1?EEX'iENT is entered into this 4th day of March * -,.
19' 80 -- , by and between Genstar IIJevelopment Inc. (Broadmoor Homes Division)
(name of cZveloper-owner) r
.a a New York Corporation ,hereinafter referred to as (Cbrpor&on, partnership, etc.)
"Developer", kf%ose address is 3911 Sorrenmalley Boulevard 1 (street)
San Diego, California, 92121 * . (Ci'i~~~tZG, zip code) , and THE CITY OF
cARLSBAD, E inunicipal corporation of the State of California, . .
hereinafter referred to as "City", whole address is 1200 Elm
Avenue, Carlsbad, California, 92008. ,f
WI TN'E S S ET H:'
. 'WEREAS, Developer is the owner of the real properky described
. on Exhibit "A", attached hereto and made a part of this agreement,
-.' hereinafter referred to as "Property"; and :
MHEPWG, the Property lies within the
and .
pmE PlJ\ c d -1 Developer proposes to construct
300 condominium residential units -
.
. CP- 4-9 CT 7q --7+
'dn said Property, which development carries the proposed name
of' HOsp Grove Condominiums .
and is hereafter referred to as 'bevelopment"; and ' .
WHEREAS ,.Developer filed on the 19th day of December I
19 79 , with the City a request for a condominium permit, tentative tract .
map, and specific plan amendment. cp-4+ _ . ~-r79-27 , sP-33fA) J /
(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 t.
WHEREAS, Developer and City. recognize the correctness of
Council Policy No. 17, attached to and made a part of this
agreement, and that the City's public facilities and services
are at capacity and will not be available . .
additional need for public facilities and . . *from the proposed Development; and
to accommodate the
services resulting
. .
WIIEREAS, 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, Devel.oper proposes
2. . I
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. .a l
. .
, L $6 -. .
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to help satisfy tihe General Plan as implemented by Council Policy
'No, 17 by payment of a public facilities fee.
NOW, THEI'EFORE, 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 the amount of 2% of the building permit valuation of the I
buildings or structures to be constructed in the Development
pursuant to the Request. The fee shall be paid prior to the
issuance of bailding or okher construction permits for the Develop-
ment and shall be based on the valuation at that time6 This fee .
shall. be in addition to any fees, dedications or improvements
-required pursuant to Titles la-, 20 or 21 of-the Carlsbad Municipal
l .
Code. A cre-iit toward such fee shall be given for land which has
been dedicated for park purposes or for any fees p&id in li&U
thereof pursuant to Chapter 20.44 of the Carlsb:fd Municipal Code.
Developer shall pay a fee for conversion of existing buildings or -
. structures into condominiums in an amount equal to 2% of the
--_ , building permit valuation at the time of conversion. The fee fqr
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. *
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
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'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 Titles 18 or 20 of the Carlsbad Municipal
Code.
13, This agreement and the fee paid pursuant hereto are
required to ensure the co:lsistency 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 entit1.emer-k
for use shall.be issued until the public facilities fee required
by this agreement is paid. .
. 4. City agrees to deposit the fees
agreement in a public facilities fund for the financing of public
paid pursuant
”
.
.
to this
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
here+ described.
4: . I 5
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. j 6. All obligations
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hereunder shall terminate in the
* 'event the Requests made by Developer are'not approved. . .
7. Any notice from one party to the other shall be in
. writing, z.-xd 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 by 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 Xf notice is given to Developer by personal
'.
delivery thereof to Developer or by depositing the same in tze
United States Mail, enclosed in a sealed envelope, addressed
to Developer at the address as may have been designated.; postage
prepaid and certified. ,
8. This agreement shall be finding upon and shall inure .
to the benefit of; and shall .apply to, the respective successors
and assigns of Developer and the City, and references to .
. Developer cr the City herein shall be deemed to be reference to
and incl;ld:e their x---a- 3s,,Ltive successors and assigns without
specific x:eztion zz' S-Z& successors and assigns. If Developer . .
should C~FSS. to ~EZS any interest in the Property, all obligations
of Developer heret?ndzr shall terminate; provided, however, that
. any successor of Developer's interest in the Property.shall have
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,.I f-ikst assumed in writing the Developer's . obligations hereunder.
. 9. This agreement shall be recorded. When the obligations :
. . . of this agreement have been satisfied, City shall record a . " :
release.' . .
IN WITNESS WHEREOF, this agreement is executed in San. Diego
.county, California as of the date first written above. . .
. . i' .
DEVELOPER-OWNER: CITY OF.CARLSBAD, a municipal
Genstar Development Inc corporation of the State of
' -.; . (Broadmoor Homes Divis'ion] California
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City Manager
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':
. . 'Z.
ATTEST: -
'.ALETHA L.
APPROVED AS TO FORM:
. .
' VINCENT Z. BIONDC, c-=1.., City Attorney I
(Notarial azknowleE~sX2nt ' attached.) . of execution by DEVELOPER-OWNER must be :
I
: '.6. '
2 x E s 0 i i= a .u ta I t 2
a .o t b cl w
.i s E 9
STATE OF CALIFORNIA
San,Diego COUNTY OF-
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ss. 'd " 80
On March 4,198O -, before me, the undersigned, a Notary Public f
said state, personally appeared Dous las E l Bradley ?
and for
known to me to be the
known to me to be th
enny L. Harding ;j i ;
vof the corporation that executed the within instrument,
instrument pursuant to its by-laws or a resolution of its board
directors.
WITNESS my hand and official seal.
Signature -IT ti
and known to me to be the person; (E;ho executed the within
instrument on behalf of the corporation therein named, and ac-
knowledged to me that such corporation executed the within
. . Pa-id E. l&q
Name (Typed or Printed) (This area for official notarial seal)
81
E)(~f@lT “A ”
. 0 clrG4c QtScPtPT(o~
DABCEL B
pat prti0~ of S~tlon 32, TOU-IIS~~~ 11 Eoxth-, 222,-e !b iTest, ES 3-:x&in,o . =;ise tieridian, 53 the City of Carls%a5, CrXZtj Of SO2 CiZs, Sklie of a . CitfPornSa, accoraq 50 Uzdted States Go-;erwezt Siz-wqr, des,-ri5& 25 :oaows:
co~dac~ et 2 _wht 03 the West line of said Sectim 32 dLs%zt tka:eoa
SOURS. 0P56~20~~ West k1k.‘7k feet fx13 t5-e Pest ?&.ar-fe- cor2ps- cl' sixid SetLoo
32; thence SOI& 89'33 'LO" Sst 990.00 feet to t5e %st ltie or t&t c c"a.b
*a--t of lz.ld L in'sa id Se&ion 32,.~0;?~0:rp;r by 2a-rid J. !k~rz0n, et e3. to
T.eginalh ME?;IO~, e ded dzte", July 2, l!X?!., a?5 rezrCti.iz Scok a=, ?zge &7&
of Deeds, thqc3 zlor;g said Zzs", lke ??orth OO'j6'2.C" &st 13!~-53 fee5 to the
ZXUE ,c3IiiT OF BESlXiZX, said ~of;l-L of begin,rzizg baa oz. z ZXL-~~X? c-e
co1~27e Southwesterly a3 ha&& o radixs or' k70.00 r's&, a z-szLiaL l,F3k to said pint bea& Xoorth Lj"25'29" Zast; theme South=stezly 2lon5 said ccz-e t’crough
e cedral angle of 2O?32'50" en arc dist-,aze of lE.55 feet; f&x= krg~t to
said CullP SaLt", +=oo 'k," z2st 196.34 feet to the ‘cegil-sr,- cl z aqe--,t; curve
cczc27e I?orth~l~f 2-2 L.-ifzng 2 radix.5 of 333.03 feet; tbezce Yes-Lerly eLo.org scic
w CLTVP *tic, a ce~',-al =x& of @029'Ol" an ~-CC disfzxe 05 3$--U fee$; thence.
tz?qeat ta pai& CUZTP zbrth 57°30~18u &St g1.h fee TV the -+xiYy'm3- of *
- r=Lzea* CLTe coz1c2;-p So-Lt&yly 2d &fin5 2-r255xS 0l 2.3-W feet; tkerce
I;or^,>essteljT aud Sorr--Lte=l-y alor4 szid cvr~e tbrozg‘r z C~ZL~ZZL. 2~gIe of 8r'1"53'Ti
s UC distsace of 3l.C3 feet to 2 pint of a~r~ver~e c-z-k-e c~nca’re Ecrt‘neas$erl!
22d &vi- 2 r&iQs of 2563.03 feet, said win-% kq;iq 0: the Soutkes*e-~~~ rig?
of k=jr of 2 skir, 0: 1~2 125.90 feet in i.&th-,-2z%ti to.the Cie of Carls'cad
by deed reccrCl& !-kc> 11, 1965 l nc;,a,r p.ecor&e=s 'se ;oj, $22Lj -~or~~zblic - .. . . . . rr,--szy grz-p s e , p r&is liq,le to said ~o:zl'; 'CDxs 3rrti 56OZ3’tij” ?iest; L.ep"'-. ---e S~~tho&strr~y .&JT< sid.cLrve tj-o-..h 2 Cer.b%l 2,2&e Of ~~~~“,‘2j” 211
C-C cV.~~~-JZE~ 0: 232.2.5 rp&; t>.er.ce taqect to S2S =-x.lTP SO-:% 3~ ,0'40 1' K- -- 2st .
133.S feet; t;1212e iea;-izg szid r$ht of ;;2-y Emi5 32Oi.9 '3?" Kest 555 -29 feet; . . --m-in :3=& ..~ C--..- - I*., ogO~@'~.;" ;cest -q= Q3 I'eet to 2 :&ink C= 2 rna=-twe=t c"*,re "-" CC=,22-;e Ssat>erlj- 2-5 ?zTb;: 2 *&ius Of 832. OS feet, 2 rtii2L Xi=e to s2id-
ry~fzt bpzs i;Grth pj”~‘52” ZaSt; -&enCe, :YeSts>,v &CYz >zid c-A--;-e “,>--ough 2
CO?““1 u-c- -- 2xle of- 32°~F'z7" 22 zc dis"ance of jf3.19 feet $o 'i9e 2st line of
SE:", ;,~=Gz L222; tkence z~yth oo"j6'21)" %S'-, Ez j. jk feet f0 5-P -bi xI?ay
0 -,-c.‘“?-~.iG. --i--.;I-
IWKXL c: (Parcel *'C" Exhibit "A" of Escrow Instructions)
x A-23 2-1lAW
x x
2-13
ap 1136
That portion of Section 32, Tomship 11 South, Range 11 Xest, San 2-irxrdino
Ease Meridian, according to,Official Plat l.hcrcof', and those portions of Lots 12 and 13 in Eosp Eucalyptus Forest Cozpany's Tract I:o. 1, according to Map thereof Ho. 1136, filed in the Office of the County Recorder of San Diego County, June 8, 19a, all in the City'of Car3.rFkdd County of . San,Diego, State of California, described as follo;rs:
Comencing at a pint on the Vest line of Sectiol: 32, distant thereon South 00~56~20~~ \lest, 4111.74 fee'. fro3 the West Quarter corner of said Section 32, said Vest line being also the E nest line of said I!osp Tract, tkcnce'Sou',h 89*18'1@' Fast, 990.00 feet to the East line of that certain tract of laxl in said Sectioll 32, conveyed by David J. Karron, Et Al to Reginald ;,:arron by deed dated July 2, 1921, and r-worded in Eo3k 051, Page 11711 of Deeds line North OO"56'20" East, $%.I!9 feet; ihnnce alox. said Fjst thence South'77°15'j1" Fesk, 3h7 .20 feet; thence Vest 71~0.00 feet; thence S3ut.h 350.00 feet; ti-ienze Sc'JtLh C-5" East 261.11 feet to a Ioint that bears Iiorth 8g"lfl'lO" 'Zest fro; the T3UX 51'59"
POUT OF REGIWNIKC; thence South 851°18'10" East 116.07 feet, to the ?.?UE POIiiT
0% BECIIIIIIIiG .
EY.CF:P'i"II!G thcrcf‘ronl that portion lyiq; witl:in Parcel X as sbozz a:; f'e,ze
1681 of' parcel rbnp:; filed in tlrc Office of t)lc Cou~iL;' F;.~'zordc~ of 5;~:: D:cEo
County, June 23, 1373.
X!,SO EXCEITIAG tlrcrefYo:;l the interest in and to that. po:':ici? l::i:;:r citi:ill IiOSP VAY as describe2 in deed to the City of Cnrlsbn:i, recokt~~f koril 2, 1973
as File No. 73-03551~7.