HomeMy WebLinkAboutCT 84-19; Miller, Robert; 84-275564; Public Facilities Fee Agreement/Release* . ,! ,(J LljbS
REi:O'RDl:NG REQUESTED BY AND
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CITY OF CARLSRAD
1200 Elm Avenue
Carlsbad, California 92008 133b AL 20 PH 2: q
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Documentary transfer tax: $ No fee \ u/g-)+/
Signature of declarant determining
tax-firm name
City of Carlsbad
Parcel No. d 03 -o?J--z -2 /
AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this 1 day of February , 1984
bv and between ROBERT D. MILLER
.-m (name of developer-owner)
an individtial , hereinafter referred to as
(Corporation, partnership, etc.)
"Developer" whose address is 6746 Magndlia Avenue
(street)
Riverside, CA 92506
(City, state, zip code)
and THE CITY OF
CARLSBAD, a municipal corporation of the State of Califarnia,
hereinafter referred to as "City", whose address is 12
Carlsbad, California, 92008.
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 proposes a development project as follows:
REV 4-2-82
7 . !i 1346 -
on said Property, which development carries the proposed name of
“Sea Breeze Condominiums”
and is hereafter referred to as ‘Development”; and
WHEREAS, Developer filed on the ! day of February ,
1984 , with the City a request for general plan amendment/ tentative
tract map/ major condominium permit.
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 April 2, 1982, in 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
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.
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_ 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
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 Municipal Code. Developer
shall pay a fee for conversion o f existing building 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, except in reference to mobilehome si.tes 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 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.
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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 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 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.
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‘6 . All obligations 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,
and shall be dated and signed by the party giving such notice or by a
duly authorised 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 may have been designated, postage prepaid and certified.
a. 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 in the Property. When the obligations of this
agreement have been satisfied, City shall record a release.
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IN WITNESS WHEREOF, this agreement is executed in San Diego
County, California as of the date first written above.
DEVELOPER-OWNER:
ROBERT D MILLER
(name)
BY $$-%+/~~
BY
(Title)
ATTEST:
CITY OF CARLSBAD, a municipal corporation of the
State of Calif,ornia
BY
City Manager
-- Barbara S. MazzettZ
ALETHA L. RAUTENKRANZ, City Cle4k A 6/V / /mrAL4h&i ,I
APPROVED AS TO _/J+3i+y :
% b fi * .
l ,
Ssistant
,, City Attorney
' (Notarial acknowledgement of execution by DEVELOPER-OWNER must be
attached.)
.
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, STATE OF CALIFORNIA Iss.
COUNTY OF EjJ@csi& -I !( !‘& 1351
P On-. _ ~~~. &!rchl~,~~1984~ ~~~~~~~~~~ , b e ore me, the undersigned, a Notary Public in and for f’
x E said State, personally appeared----~ B. J, BURGESS ~~~~ , personally
s known to me (or proved to me on the basis of the oath of-- ~~-~~~~ ~~ ~_~. ~3 a, E I- acrediblewitnesswhoispersonallyknown tome)to bethepersonwhosenameissubscribed tothewithrninstrumemas
5 .o a witness thereto, who being by me duly sworn, deposed and said:
&
5
That he/she resides inR! vers f de QX&Y
z ~, that he/she
was present and saw__----= ROBERT D MILLER
, personally
known to him/her to be the same person(s) described in and who
executed the within instrument, as a party(ies) thereto, sign, seal
and deliver the same and that said party(ies) duly acknowledged
in the presence of said affiant, that he/she/they executed the
same, and that said yiant, thereupon at the party’s(res’) request,
subscribed his/h9 n$me as.a witness thereto. *
i a i DENISE WAGONER i
5 $ NOTARY PUBLIC E
E R!VERSIDE COUNTY I E CALIFORNIA $
i My Commission Expires MAY 18, 1984 i
(This area for official notarial seal)
STATE OF CALIFORNIA ) ss
COUNTY OF RIVERSIDE ) '
On this the 20th day of June, 1984, before me the undersigned,
a Notary Public in and for said County and State, personally
appeared ROBERT D. MILLER, proved to me on the basis of
satisfactory evidence to be the person whose name is sub-
scribed to the within instrument, as the Attorney-in-fact of
THOMAS L. MAZZETTI, BARBARA S. MAZZETTI, MICHAEL A. GIURBINO,
SUZANNE E. GIURBINO and ROBERT H. JOSEPH, and acknowledged to me
that he subscribed the names of THOMAS L. MAZZETTI, BARBARA S.
MAZZETTI, MICHAEL A. GIURBINO, SUZANNE E. GIURBINO and ROBERT H.
JOSEPH thereto as principals and his own name as Attorney-in-Fact. *
OFFICIAL SEAL
RIVERSIDE CO., CALIF.
We, Thomas L. Mazzetti, Michael A. Giurbino and Robert H.
Joseph certify that we are record owners of the property
known as Sea Breeze Apartments, located at 3150 Ocean St.,
Carlsbad, for which this permit is being requested, and
hereby authorize Robert D. Miller to act on our behalf in
processing the permit and related documents.
&&5?+&&;J,%ye#
Barbara S. Mazzetti
Giurbino
. * . 2 EXHIaIT 'A'. . I- .
* .!.d 1353 -
LEGAL DESCRIPTION OF MILLER PROPERTY
All that portion of Tract 100 of CARLSBAD LANDS, in the County of San Diego,
State of California, according to Map thereof No. 1661, filed in the Office
of the County Recorder of said San Diego County, March 1, 1915, described as
follows:
Beginning at the most Westerly corner of said Tract 100; thence North
55'27'00" East along the Northwesterly boundary of said tract a distance of
121.00 feet; thence South 30'40'00" East parallel with the most Southwesterly
line of said tract a distance of 63.50 feet to the TRUE POINT OF BEGINNING;
thence South 55"27'00"' West parallel with the said Northwesterly boundary
121.00 feet to said most Southwesterly line; thence along said Southwesterly
line South 30"40' East along said most Southwesterly line 133.11 feet to the
most Westerly corner of land conveyed to David B. Morgan, Jr. and wife, by
deed dated January 22, 1947 and recorded in Book 2374, page 94 of Official
Records; thence North 55'27' East along the Northwesterly line of said land
102.86 feet to a point on a curve in the Northwesterly line of California
State Highway Route 2, Section "B" from which point a radius of said curve
bears South 84"24'17" East 1050.0 feet; thence Northeasterly along said
curve through a central angle of 0'59'17" a distance of 18.11 feet; thence
North 6"25' West along said Northwesterly line of said highway 12.26 feet
to an intersection with a line drawn South 30"40' East parallel with said
most Southwesterly line of Tract 100, from the TRUE POINT OF BEGINNING;
thence North 30"40' West along said line a distance of 109.83 feet to the
TRUE POINT OF BEGINNING.
MILL - 006
l-30-84
TEW