HomeMy WebLinkAboutCT 81-44; American West Development Co; 81-387522; Public Facilities Fee Agreement/Release3
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1205 Elm Ave.
Carl shad, CA 92008
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@naK 1381 ~&~.QMX3F~;iiESTOF AGREEMENT BETWEEN OWNER, DEVELOPER cARUX~A P rCfTY CLERK AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE on: ta 9 37 Ill ‘81 ---_^--_ -
GFFICI&L ~XGRBS
THIS AGREEMENT is entered into this 2ndday of -- 1 Decc?m$$ ~~~~~~~~A
19 81, by and between -- C mm AMERICAN WEST DEVELOPMENT COMPANY I -.------I_ [Name - of Developer)
a California corporation ---_ 7- -' (Corporation, partnership, etc.)
hereinafter referred to as "Developer" whose address is
----E-._II- 113843 ---- (Street) I -
Beverly ---__"_.- Hills, CA 90213 I (City, state, zip code) Lots 4 c 5, Block H Lots 1, 2, 3 and 20, Block H
and Mavin & Elissa W. gdkoff, _._- - Tamarack-Carlsbad-Venture I Morise & Helen E. WeindliName $1 f Legal Ger) --
as individuals ~--I a limited partnership
(Corp~raZ&, etc.) --'
hereinafter~ referred to as "!Owll ?r" whose address is
c/o Palomar Industrial & Commercial REalty, -,ZUi-Arbolado 1__-. 235 Jefferson St. (P.O.Box 937), Inc. (Street)
Fullerton, CA 92635 Vista, CA 92083 , -- m-e-- (City, state, zip code)
AND
the CITY OF CARLSBAD, a municipal corporation of the State of California,
hereinafter referred to as "City", whose address is 1200 Elm Avenue,
Carlsbad, California, 92008.
RECITALS
WHEREAS, Owner is the owner of the real property described
on Exhibit "A", attached to and made a part o.f this agreement, and
hereinafter referred to as "Property"; and
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' WHEREAS, the Property lies within the boundaries of City; and
WHEREAS; Developer has contracted with Owner to purchase the
Property and proposes a development pro.ject as follows:
. . 19-unit cow
-
on said Proper,ty, which development carries the proposed name of
Tamarack Condominiums and is
hereinafter referred to as "Development"; and
WHEREAS, Developer filed on the 4th day of 'June ,
1981 , --. with the City a request for Condominium p ermit,
Tract Application and Environmental Impact Assessment
(hereinafter referred to as "Request"; and
WIIEREAS, 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 incorporated by this reference); atid
WHEREAS, Developer, Owner an& City recognize the correctness
of Council Policy No. 17, dated August 29, 1979, on file with the City Clerk
and incorporated by this reference, and that the City's' public faci'lities 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
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Developer and Owner are aware that the City cannot and will not be
able to make any such findings 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. ‘ L
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 2% of the building
permit valuation of the buildings 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 Municipal
Code. A credit toward such fee shall be given for land which has
been dedicated for park purposes or for any fees paid in lieu
thereof pursuant to Chapter 20.44,of the Carlsbad Municipal Code.
Developer and Owner shall pay a fee for conversion of existing
buildings or structures into condominiums in an amount not to
exceed 2% 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
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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 to
City a public facilities fee in the sum of $1,150 for each mobile-
home 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. A credit toward such
fee shall be given for land which has been dedicated for park
purposes or for any fees paid in lieu thereof pursuant to Chapter
20.44 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 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
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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 consikuction 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 and Owner 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 Requests made by Developer and Owner are 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 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,
5.
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
thereof to Developer or by depositing the same in
l
Mail, enclosed in a sealed envelope, addressed to
personal delivery
the United States
Developer at the
address as may have been designated, postage prepaid and certified.
7.3 If notice is given to Owner by personal delivery
thereof to Owner or by depositing same in the United States Mail,
enclosed in a sealed envelope addressed to Owner at the address set
forth herein or at such other address as may 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, Owner and the City, and references to Developer,
Oxnex or City herein shall be deemed to be 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 of 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
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acceptable to City.
9. This agreement shall be recorded but shall
lien or security interest on the property. When the
this agreement have been
IN WSTNESS WHEREOF, F
County r California as of
OK'NER !.
not create a
obligations of
satisfied, City shall record a release.
this agreement is executed in San Diego
the date first written above.
TAMARACK-CARLSBAD VENTURE .By: Pa!.cmar Industrial & Carnnercial Realty, Inc.
Marvin Udkoff vi
ATTEST:
DEVELOPER:
EE6MENT COMPANY
Title President -.-
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Title Secretar ---?-v----
CITY OF CARLSBAD, a'municipal corporation of the State of California
BV .L -- City Manager City Clerk
APPROVED S TO FORM: vt
VTNCENT F. BIOmDO, JR., City Attorney
(Notarial acknowledgement of execution by DEVELOPER.and OWNER must be attached.)
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STATE OF CALIFORNI,- ; ss.
COUNTY OF LOS ANGELES >
under
awea be th known Secre the c
‘S r .e
It
!O
On Oec eflcjep 1 19 8/ before me, the igned, a Notary Public in and foi said Siate, personally ed PI//O E. _ ?AL;df-f , known to me to
l/,Lld I to me to be the ary of Palcmar Industrial & Cclnmerical Realty, Inc. rporation that executed the within instrument and known ; .O me to be the persons who executed the within instrument on behalf of said corporation, said corporation being known to me to be one of the partners of Tamarack, Carl&ad Venture the partnership that executed the within instrument, and acknokledged to me that such corporation executed the same as such partner and - that such partnership executed the same.
WITNESS my hand and official seal.
Signature
STATE OF CALIFORNIA,
1
COUNTY OF w
ow3hl~e ss.
lF$VIFl WIMESU~~ 5 t NOTARY FIIBLIC - CALIFORNIA I
PRINCIPAL OFFICE IN
ORANGECOUNTY t Z
ommission Expires Feb. 12,19%
ON -W3- 3 19&f before me, the undersi ned, a Notar Public in and for said State, personally appeared MI-VIII U & off an d Elissa W. Udkoff
known to me to be the person% whose name& e subscribed to’ the within Instrument, and acknowledged to me that &he1 executed the same.
I WITNESS mv hand and official seal.
ACKNOWLEDGMENT-Gmml-Woicotta Form 23-Rev. 3-64 A .U.*IDI*lv OF *Ye”ICAII sT*TIONERI PRODUCT CO”,
STATE OF CALIFORNIA,
C”UNTY OF LOS ANGELES
t l-l----l---lm-l-ll-----l
i
OFFICIAL SEAL
CHARLOllE E. !EWELL :
@ NOTARY PUBLIC CALIFORNIA
,
PRINCIPAL OFFICE IN
,
! LOS ANGELES COUNTY :
is
MY bmmlssion Exp. NOV. 5. 1983 8 1 ---------1--D----------
ss.
ON ember 2, ? 19-a
before me, the undersigned, a Notary Public in and for said State, personally appeared ee , known to me to be the
President, and Sarah V. Lafare , known to me
to be the -Secretary of C-y
the Corporation that executed the within Instrument, known to me to be the persons who
executed the within Instrument, on behalf of the Corporation herein named, and acknowledged to me that such Corporation executed the within Instrument pursuant to its by-laws or a resolution of its board of directors.
WITNESS my hand and official seal.
r\ I , j, y.‘c?J .C<< e
Notary Publicjrl and for said State.
ACKNOWLEDGMENT-Corp., Pres. & Sec., Wolcotts Form 22sRev. 3-64 A SUBSIDI*RY OF AHERIC*N BTlTlONERI PRODUCTS CORP.
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EXHIBIT "A"
Legal Description
Lots 1, 2, 3 and 20 in Block H of Palisades, in the City of Carlsbad,.County of San Diego, State of California, according to Map thereof No. 1747, filed in the Office of the County Recorder of San Diego County February 5, 1923.
Excepting therefrom those portions of Lots 1, 2, and 3 granted to the State of California for highway purposes by Deeds recorded in Book 288, Page 322 and Book 289, Page 412 of Official Records. .
and
Lots 4 and 5 in Block H of Palisades, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1747, filed in the Office of the County Recorder of San Diego County, February 5, 1923.
Excepting' therefrom that portion conveyed to the State of California by deed recorded in Book 356, Page 4 of Official Records, in the County of San Diego, State of California.