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HomeMy WebLinkAboutCT 81-47; Treetops Unlimited; 81-385902; Public Facilities Fee Agreement/Release* $ -.\* Aftk\, i2;oi:d.i ng WtUrtl tt, ; _ c . . - City cjf+':fi~lsbad IiLOO Elm A\e. Carlsbad, CA 92008 ¶,Oi 393 -. 81-q5902 : $&~/j’AGE tt! -1s .e ~~~~~:~~~~, AGI::EEMENT BETWEEN DEVELOPER-OWNER ’ AND THE CITY OF CARLS3AD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE - ori c: ;:i- 12 :XRDS THIS AGREEMENT is 19 81 , by and between $Ai [‘!!E~I,: I.;.. I i:ry. tlh : VER$ L. LYLE @FG;iiJcR entered into this 24th day of' November I - Treetops Unlimited - JvcmE (name ofdeveloper-owner)- , a Joint Venture ,hereinafter referred to as (Corporation, partnerFhip, etc.) "Developer", whose address is 3900 Harney Street I (street) San Diego, CA 92101 (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, Car&bad, California, 92008. WITNES SETH: 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; WHEREAS, Developer proposes a development project as follows: A Multiple Family Development of Villages "C" and "D" in Calavera Hills consistent with the Calavera Hills Master Plan MP-150 (A) .approved by the Carlsbad City Council on December 28, 1978 as Ordinance No. 9517. 0 a-7( q-MAR 80 c-r 5+Y-? /Pm3 -7r on said Property, which development carries the proposed name of -‘I" Calavera Hills Villages rrC" and 11 D II and is hereafter referred to as "Development": and WHEREAS, Developer filed on the day of I 19 I with the Ci.ty a request for Tentative Map Approval. c-r- sY-0 /b.m-3r (hereinafter referred to as "Request": and , WHEREAS, the Public Facilities Element of the City General Plan requires that the City Council find thatall 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 August 29, 1979, 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 available to accommodate the additional need for public facilities and services resulting : from the proposed Development; and WHJZREAS, 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 th c 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 2. . 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 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 develop- ment 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 shill 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 used in this agreement , exceptin 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 3. I.*& 396 - . the development is intended. Developer shall pay to 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 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 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 no,t 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 agree- ment. 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 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 4. : * ‘, b. , . . . 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 provide the facilities and sufficient funds this and similar public facilities fees are the need exists to from the payment of 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 described. 6. All obligations the needs of the Development herein hereunder shall terminate in the event the Requests ii[ade by Developer are not 7. Any notice from one party to writing, and shall be dated and signed approved. the other shall be in 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 ;li;3SS 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 If notice is given to Developer by personal delivery thereof to Developer or by depositing the same in the United States 5. , s * I , * . . ‘, ..’ . * . /c *“tic; 398 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 binding 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 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. 9. This agreement shall be recorded but shall not create a lien or security interest on the Property. When the obligations of this agreement have been satisfied, City shall record a release. /// /// //I /// //I /I/ /iv /// I// /I/ 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 Treetops TJnl imiteii /I , City Manager i v: w- - I - (Tit;F"iNi$SggE L%&Priiid:ht - n - 32s---- 3 . ' . ATTEST: APPROVED AS TO FORM: I L vmcmw 7. Z.%NDO, JR.., * c 4 5,,’ ?-Ltorney ' . . (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) . 7. STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss: On this day of %e 198[ before me the undersigned a Notary Public in and for said coun &&esicjent, and - - b - - - the SC. )personally appearld &LR f, ~hohfW&~r , known to me to be known to me to be the --- Secretary, of PACIFIC SCENE, INC., the torpor:- tion that executed the within instrument, said persons being known to me to be the persons who executed the within instrument on behalf of said corporation, said corpora- tion being known to me to be one of the joint venturers of TREETOPS UNLIMITED, the joint venture that executed the within instrument, and acknowledged to me that such corporation executed the same, both individually and as joint venturer of said joint venture, and that such joint venture also executed the same WdTNESS my band and official seal. Notary Public in and for said county and state. 111 r . '. S!l%T!Y OF C.4LIFORllIA ) zouNTY OF SAN DIEGO ) ss. a this 25th day of November , 1$318 bt?f~re -me, the undersigned, a Notary Pub.lirr in and .%r said County and State, perscnarl appeared A. C. Bregaate , kx%n co me to be the Executive Vice Fresident, &Ed-M. E. Taylor , .knom Co me -- to be the Assistant Secretary of FIWWCIAL SCENE INCORFORAT.ED, the co.qnXation that execzed t3e within instrument, said persons being known to me to be the pexso?,a w:!o execute2 the within instrtllrerrt on behalf of said corporation, said corporation being known to .2?e to be cm2 of ths joint Venturers of T&VETOFS UNLIMITED, the joint venture that exe- czted the within instrument, and acknoT*ledged to ine that such corporation execrated the sane, both individually and as joint venturer of said joint verrture, and that such joint venture i' also executed the same'. / I OFFICIAL SEAL LAURA M WITH= NOTARY PUELlC - CALtFORNlA SAW DIEGD COUIOfY e** . . 1. c . ’ . ,* . @. 1 ‘.- 1 dO i 4 () 1 EXHIBIT “A” LEGAL DESCRIPTION All that portion of Lots D, E, and J, of Ranch0 Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 823, filed in Office of the County Recorder of San Diego County, November 16, 1896. Commencing at the Southeast corner, of said Lot "J"; South 01 degrees 42 minutes 41 seconds West, 484.02 feet to an angle point in the Northeasterly boundary of land described in Deed to Lake Calaveras Hills Associates, recorded April 7, 1977 as file no. 77-128086; thence along said Northeasterly boundary North 23 degrees 15 minutes 45 seconds West, 720.30 feet to the true point of beginning; thence, continuing along said Northeasterly boundary as follows: North 23 degrees 15 minutes 45 seconds West, 85.00 feet to an angle point therein; and North 34 degrees 33 minutes 00 seconds West 692.00 feet to a' point on the arc of a non-tangent 680.00 foot radius curve, concave Northwesterly, a radial line of said curve bears South 17 degrees 20 minutes. 00 seconds East to said point: thence, leaving said Northeasterly boundary Northeasterly along the arc of said curve through a central angle of 92 degrees 09 minutes 20 seconds a distance of 1,093.72 feet; thence leaving said curve, non-tangent North 07 degrees 27 minutes 26 seconds West (Record North 7 degrees 27 minutes 26 seconds East) 19.77 feet; thence North 69 degrees 28 minutes 42 seconds East, 751.12 feet to the center line of College Boulevard proposed extension being a point on the arc of a non- tangent l,OOO.OO foot radius curve, concave Southeasterly, a radial line of said curve bears South 83 degrees 03 minutes 38 seconds West to said point; thence, Southerly along the arc of said curve through a central angle of 17 degrees 17 minutes 17 seconds a distance of 301.73 feet; thence, tangent to said curve South 24 degrees 13 minutes 39 seconds East, 770.00 feet; thence, South 08 degrees 46 minutes 24 seconds West 980.08 feet; thence, North 81 degrees 13 minutes 39 seconds West 210.00 feet; thence, South 48 degrees 46 minutes 21 seconds West, 250.00 feet; thence, North 48 degrees 43 minutes 39 seconds West, 335.00 feet; thence, North 78 degrees 14 minutes 59 seconds West, 319.91 feet to the true point of beginning.