HomeMy WebLinkAboutCT 85-10; Rice Enterprises; 1993-0482986; Public Facilities Fee Agreement/Release. Rgc0Rtb~G t3muEsTm t1 AND 1 . WHEN RECORDED MAIL TO: )
D!? It ~993-0482986 28-JUL-1993 11:51 API
City Clerk ; OFFICIAL RECORDS
GIN OF CARLSBAD ) 694 ShN DIEGD CDUNTY RECORDER’S OFFICE
1200 Carlsbad Village Drive 1 ANNETTE EMNS, ;;;;TY RECORDER : 0.00 Carlsbad, California 92008-l 989 )
Space above this line for Recorder’s use
Parcel No.
AGREEMENT BEP&EN DEVELOPER-OWNER
AND THE CllY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FAClLlTlES FEE
FOR INSIDE THE BOUNDARIES OF COMMUNlTY FACILITIES DISTRICT NO. 1
1 THIS AGREEMENT is entered into this 2 2” day of 3 VMf_ , eu
by and between lb F=i4+cvdhr’~r <
(name of developer-owner)
a ~fiVtW<YSh~jD
(‘corporation, partnership, etc.) ’
hereinafter referred to as “Developer” whose address
is 3,ix~ou 47sa 5;3MCIPvv\Q v+ C& cm274
(street) (city, state, zip code) r
and the ClTY 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.
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 proposed a development project as follows:
/Bq -tk~c\ if. bwl) It, &Me 5 \
on said Property, which development carries the proposed name of
Form Apprwed
By Cii Council July 2,199l
Reso # 91.194/KJH
and is hereafter referred to as “Development”; and
WHEREAS, Developer filed on the TJ’day
695
of 3 OMf ,19$Z$
with the City a request for I cpm-f r’)cff~ s ,‘(.)*j 2 c fl A P * CT -35 -/ 0 -IL &,‘lq
“Request”; and
hereinafter referred to as
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
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 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.
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
eXC88d 1.8296 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
Form Apprw.od
Sy Clly Council July 2,199l
Row + Ql-194MJH
696 , ,
to Titles 18, 20 or 21 of the Carlsbad Municipal Code. Developer shall pay a fee for conversion
of existing building or structures into condominiums in an amount not to exceed 1.82% 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 ‘I, “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 shall pay the City a public facilities fee in the sum of $598
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 d8velOpment. This fee shall
b8 in addition to any fees, dedications or improvements required according to Titles 18, 20 or
21 of the Carlsbad Municipal Code.
2. The DeV8tOp8r 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. lf 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 Tiles 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 D8V8lOpm8nt with the City’s General Plan. lf the fee is not paid as provided
herein, the City will not have the funds to provide public facilities and servlo8s, and the
development will not b8 consistent with the General Plan and any apptwal or permit for the
Form Approved
By Ctty Council July 2,199l
Rsro # 91.194KIH 3
697
Development shaH 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
D8VelOp8r 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 lf notice is given to Dev8lOp8r by personal delivery thereof to Developer or
by depositing the same in the United States Mail, enclosed in a sealed enV8lOp8, addressed to
Developer at the address as many haV8 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 succ8ssors and assigns of Developer and City, and references to
Developer or City herein shall be d88med to be a reference to and include their resp8ctive
Form Apprwed
By Chy Council Juty 2,199l
Fho # Ql-194KlH 4
698
successors and assigns without specific mention of such successors and assign;. If Developer
should cease to have any interest in the Property, all obligations of DeVelOp8r 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.
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 2,199l
Reso # Ql-194KJH 5
. 699
IN WlTNESS WHEREOF, this agreement is executed in San Diego County, California as
of the date first written above.
DEVELOPER-OWNER:
BY 27Q- . cc-&
CITY OF CARLSBAD, a municipal
corporation of the
State of California
p7nuwc5 M. &r-f floe
(print name) Bya
for City Manager
VlQVq ?‘&w R %F &&-fiY,‘~~g
(title)
(signature)
(print name)
(title)
ATTEST:
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
BY / Deputy Ci Attorney
(Notarial acknowledgement of execution of DEVELOPER-OWNER must be attached.)
Form Apprwod
6y City Council Juty 21991
Reao # Ql-194iKJH 6
. 700
EXHIBIT “A
LEGAL DESCRIPTION
PARCEL 1:
__-- - ---
THE EASTERLY l/2 OF LOT 14 AND A PORTION OF THE WESTERLY l/2 OF LOT 14 IN THE SUBDIVISION OF RANCH0 LAS ENCINITAS, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO RAF THEREOF NO. 848, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 27, 1098, SAID PORTION OF THE WESTERLY l/2 OF SAID LQT 14, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
-COMMENCING AT THE NORTHWESTERLY CORNER OF SATD LOT 14; THENCE NORTH 86O20' EAST ALONG THE NORTHERLY LINE OF SAID LOT, 661.65 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 86O20' EAST ALONG SAID NORTHERLY LINE, 661.64 FEET TO THE NORTHEASTERLY CORFJER OF SAID WESTERLY l/2 OF SAID LOT; THENCE SOUTH 4OO6' EAST ALONG THE EASTERLY LINE OF SAID WESTERLY l/2, 659.30 FEET; THENCE SOUTH 86O16' WEST, 661.64 FEET; THENCE NORTH 4OO6" WEST, 660.06 FEET TO THE TRUE POINT
OF BEGINNING.
PARCEL 2:
THE SOUTH 60 FEET OF THE WEST l/2 OF LOT 14 OF RANCH0 LAS ENCINITAS, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 848, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 27, 1898, LYING EAST OF THE CENTER LINE OF THE COUNTY ROAD AS SHOWN ON COURTY ROAD SURVEY NO. 454-A, A PLAT OF WHICH IS ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY.
Q Form Apprwod
8Y Cl?y Council Juty 2,1$X11
boo # Ql-194KJH
, .
_-
4. 701
State of &A \
WY mu(rQrYar EG ‘uHoacY)TmrrlLlC
personally aopeared W&J&e I \f 4 . WryISl OF ¶Nas*~sl
IJ personally known to me - OR - 6roved to me on Me basis of satishcbfy ovidma
to be the person(s) vufwe name(s) isin sub8cnb8d to me within InstNlnent 8fld WV
knw to me tha4 ha4slwth.y l xmutod
the same WI hir/hor/thoir authoritad
cagaclty(ies). and that by hielhorltheir
signature(s) on t?w Mtnmmt me mf=fw*
orm8entityu~nbehaffdwhichmepcwrorr(8)
acted, executed the instrwrmrt.
Wiimyhandandollidrl~.
0 NUOMOUAUSI I
a CORPORATE
OmCER6) / ~1RElSl
timqsl Gevl eta I
0 ATTm.IN-FACT
0 tRUSTELM
0 smcRl8wavvITNESS
0 aJAmrWCoNsERv*roa
0 men:
SlmmsREPREs~: tug 0 amam an mmrrms -IT\ te ~&ns,Ges I
. rrrrwno,MmAm:AnllaJpm8--meOmQIIC1~OlMn -Ir,.,,dk-mBarrrmrr. , 4
THIS CERTIFICATE TiiofTypodcbaJfnent , , MUST BE AITACWED
TO THE DOCUMENT NomkrotP~ oadooalmmt :
DESCRl8ED AT RIGHT: Signerfr)Ol)mThrnN8medAbove, : 1