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HomeMy WebLinkAboutCT 85-11; Daon Corporation and Homes by Polygon; 85-111231; Public Facilities Fee Agreement/Release, , 2 , * ' RECGRDING REQUESTED BY AND . WHEN RECORDED MAIL TO: 1 CITY OF CARLSBAD > 1200 Elm Avenue 1 t?=111231 I -_. .I (,:f ?C;;,:;[~ ;~‘i;;: ;,i,f :‘:?. - i 3? CJ,$ .Ji!:Gtj :;fJz?i! I.<! i M5 AFR -2 I# 9: 5 Ir Carlsbad, California 92008 > VEF.2, !..i-': ,.,f I co, 1 !g 1 y [:,i [;:q-:UE.fi 1 1 Space above thik-line for Re?75?der's use Documentary transfer tax: $ No fee tax-firm name City of Carlsbad Parcel No. &6r-- OS/L flq AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE Ncl FEE THIS AGREEMENT is entered into this d2day of /@pU#Y, 19x by and between . Homes by Polygon (Name of Developer) a CnrDorati on , hereinaft (Corporation, partnership, etc.) "Develo u whose address is J 3P?5 Redhill Avenue, Suite 100 (Street) Costa Mesa, CA 97676 (City, State, Zip Code) and Daon Corporation (Name of Legal Owner) Y a Corporation , hereinafter referred to as (Corporation, etc.) '. "Owner" whose address is 4350 Von Karmen, Suite 100 (Street) Newport Beach, CA 92660 (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. REV 4-2-82 . @ ‘. . RECITALS WHEREAS, Owner is the owner of the real property described on Exhibit “A”, attached to and made a part of this agreement, and hereinafter referred to as “Property”; and WHEREAS, the Property lies within the boundaries of City; and WHEREAS, Developer has contracted with Owner to purchase the Property and proposes a development project as follows: Residential ,s,nn composed of 156 sinqle family dwelling units. on said Property, which development carries the proposed name of Vista Santa Fe, Parcel "C" and is hereinafter referred to as “Development”; and WHEREAS, Developer filed on the day of 19 -’ ,with the City a request for 156 Lot subdivision , . 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 incorporated by this reference); and WHEREAS, Developer, Owner and City recognize the correctness of Council Policy No. 17 dated April 2, 1982, 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 -2- REV 4-2-82 513 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 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. 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 building or structures to be constructed in the l 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 and Owner shall pay a fee for conversion of 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 sites or -3- REV 4-2-82 A. . . . . * -’ m 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 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. 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 Owne; 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- REV 4-2-82 -’ 515 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 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 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 m 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. REV 4-2-82 -5- ‘, . -L. _* . ‘. 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, Owner and the City, and references to Developer, Owner 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 acceptable to City. 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. . -6- *” 517 .’ . -, . . IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. OWNER: DEVELOPER: Daon Corporation Homes bv Polvson (Signature) (iJame> (Signature > . 4 ," ATTEST: ALETHA L. City Clerk BY Russell F. ce,President T1TLE_Yice President/Chief Financial Officer CITY OF CARLSBAD, a municipal corporation of the State of California . BY +%lc-&L City Manager APPROVED AS TO FORM VINCENT F. BIONDO, JR., City Attorney (Notarial acknowledgement of execution by-DEVELOPER and OWNER must be attached.) -7- REV 4-2-82 STATE OF CALIFO ‘b” IA -’ 528 COUNTY OF range al E On February 22, 1985 , before me, the undersigned, a Notary Public in and for b- z said State, personally appeared Warren A. Colton; III x&l& .o G , personally known to me (or proved to me on the c Ip T?g .L E -0 =o .P 3; gF zi 0,s basis of satisfactory evidence) to be the persons who executed the within instrument as . ce President Z#&XXX XXXXXXXXXfeb#M& on behalf of - DAON CORPORATION the corporation therein named, and acknowledged to me that such corporation executed thewithin instrument pursuantto its by-laws or a resolution of its board of directors. (This area for official notarial seal) STATE OF CALIFORNIA ss. COUNTY OF nv-rprrn On this 22nd day of January ,I985 -7 before me, the undersigned, a Notary Public in and for said County and State, personally appeared R.F. Padia personally known to me (or proved to me on the basis of satisfactory evidence) to be the Execu t lve ‘ice President, and Michael E. Abee personally known to me (or proved to me on the basis of satisfactory evidence) to be the C.F.0 and Secretary of the corporation that executed the within instrument, and known to me to be the persons who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same, pursuant to its by laws, or a resolution of its Board of Directors. WITNESS my hand and official seal. (This area for offiaal seal) EXHIBIT "A" LEGAL DESCRIPTION .,, 519 Being a portion of Parcel "A" of Certificate of Compliance recorded as Document No. 82-207276 dated July 2, 1982, together with a portion of Parcel 2 of the Certificate of Compliance recorded as Document No. 81-213344 dated July 7, 1981 all in the City of Carlsbad, County of San Diego, State of California, according to the Official Plat thereof: Beginning at the Northeast Corner of Carlsbad Tract No. 81-16 Vista Santa Fe Unit No. 2, Map No. 10991 on file in the Office of the Recorder of said County being a point on the Northerly right- of-way line of Calle Barcelona shown and dedicated on said Map; thence along said Northerly line North 62" 54' 43" West 133.79 feet'to the beginning of a tangent 430.00 foot radius curve con- cave Southerly; thence Westerly along said curve through a central angle of 27" 22' 11" an arc distance of 205.41 feet; thence South 89" 43' 06" West 45.56 feet to the beginning of a tangent 390.00 foot radius curve concave Northerly; thence Westerly along said curve and said Northerly right-of-way as dedicated on said Map 10991 and Carlsbad Tract No. 81-16 Vista Santa Fe Unit No. 1, Map No. 10898 on file in the Office of the Recorder of said County through a central angle of 13" 39' 36" an arc distance of 92.98 feet; thence North 76" 37' 18" West 58.96 feet to the beginning of a tangent 458.00 foot radius curve concave Northeasterly; thence Northwesterly along said curve through a central angle of 34" 11' 3 4 " an arc distance of 273.32 feet; thence North 42" 25' 44" West 204.75 feet to the beginning of a tangent 25.00 foot radius curve concave Easterly; thence Northerly along said curve through a central angle of 90" 00' 00" an arc distance of 39.27 feet to a point on the Easterly right-of-way line of Ranch0 Santa Fe Road as dedicated on said Map No. 10898; thence along a prolongation of a radial line to last mentioned curve North 42" 25' 44" West 34.24 feet to a point on the centerline of Road Survey No. 454; thence leaving the boundary of said Map No. 10898 along the centerline of said Road Survey No. 454 and the Westerly boundary of said Parcel "A" ,North 47" 37' 36" East 550.35 feet to the beginning of a tangent 1000.00 foot radius curve concave Northwesterly; thence Northeasterly along said curve through a central. angle of 28" 31' 51" an arc distance of 497.96 feet: thence North 19" 05' 45" East 698.37 feet to the intersection with the centerline of Mision Estancia and Road Survey 454 as shown on Map No. 9958 on file in the Office of the Recorder of said County; thence along said cen- terline of Mision Estancia and the Northerly line of said Parcel "A" South 75" 06' 07" East 239.10 feet to the beginning of a tangent 1000.00 foot radius curve concave Southerly: thence Easterly along the arc of said curve 07" 36' 07" through a central angle of a distance of 132.68 feet; thence South 67" 30' 00" East 1000.00 feet to the beginning of a tangent 1000.00 foot radius curve concave Northerly; thence Easterly along the arc of said curve through a central angle of 18" 35' 17" a distance of ‘. - #’ 520 DESCRIPTION CONTINUED 324.42 feet to a point, a radial line to said point bears South 03" 54' 43" West as shown on said Map No. 9958; thence leaving said centerline and along the Northerly and Westerly boundary line of said Map No. 9958 the following courses: South 03" 54' 43" West 42.00 feet to a point on a 1042.00 foot radius curve concave Northerly to which a radial line bears South 03" 54' 43" West; thence Westerly along the arc of said curve through a central angle of 05" 54' 34" a distance of 107.47 feet to a point of cusp with a 25.00 foot radius curve concave Southwesterly to which a radial line bears North 09" 49' 17" East; thence Southeasterly along the arc of said curve through a central angle of 87" 02' 43" a distance of 37.98 feet: thence tangent to said curve South 06" 52' 00" West 275.80 feet to the beginning of a tangent 630.00 foot radius curve concave Easterly; thence Southerly along the arc of said curve through a central angle of 28" 54' 00" a distance of 317.77 feet; thence tangent to said curve South 22" 02' 00" East 66.48 feet to the beginning of a tangent 20.00 foot radius curve concave Westerly; thence Southerly along said curve through a central angle of 90" 00' 00" an arc distance of 31.42 feet; thence South 67" 58' 00" West 121.06 feet to the beginning of a tangent 400.00 foot radius curve concave Southeasterly; thence Southwesterly along said curve through a central angle of 17" 51' 02" an arc distance of 124.62 feet; thence South 50" 06' 58" West 9.69 feet to the beginning of a tangent 370.00 foot radius curve concave Northwesterly; thence Southwesterly along said curve through a central angle of 16" 56' 41" an arc distance of 109.42 feet: thence South 67" 03' 39" West, 144.79 feet to the beginning of a tangent 730.00 foot radius curve concave Southeasterly: thence Southwesterly along said curve through a central angle of * 21' ;;‘I 11" an arc distance of 221.09 feet; thence South 49" 42' West 370.82 feet to the beginning of a tangent 520.00 foot radius curve concave Northerly; thence Westerly along said curve through a central angle of 67" 22' 49" an arc distance of 611.52 feet; thence North 62" 54' 43" West 39.00 feet to the Point of Beginning.