HomeMy WebLinkAboutCT 85-12; San Diego, County of; 86-265572; Public Facilities Fee Agreement/Release. . .
RECORDING REQUESTED BY AND 1 WHEN RECORDED MAIL TO: ! CITY OF CARLSBAD 1200 Elm Avenue ; Carlsbad, California 92008 1
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1386 J&l 27 @j CJ: 16
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Documentary transfer tax: $ No fee
Signature of declarant determining tax-firm name City of Carlsbad
Parcel No. &79-bc-o-25-
AGREEMENT BETWEEN COUNTY OF SAN DIEGO AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this & I;cr day
f 1986 by and between THE COUNTY OF
political subdivision of the State of California,
of
SAN DIEGO, a
hereinafter
referred to as "Developer" whose address is 5555 Overland
Avenue, Building 2, San Diego, California 92123 and THE CITY
CARLSBAD, a municipal corporation of the State of California,
OF
hereinafter referred to as "City", whose a
Avenue, Carlsbad, California, 92008.
i _
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: A Specific Plan for the Property and a Tentative Map
for a portion thereof, which development carries the proposed
name of Faraday Business Park and is hereafter referred to as
"Development"; and
WHEREAS, Developer will file in the near future with the
City a request for approval of the Specific Plan and Tentative
Map I 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, 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
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to help satisf,y 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
covenants contained herein, the parties agree as follows:
1. The Developer shall pay to the City a public
the
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 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 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
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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 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. With respect to Paragraphs 1 and 2 of this
Agreement, it is understood by the parties that the Developer
contemplates seeking approval of a Specific Plan and Tentative
Map(s) for division of a portion of the property into
industrial and residential lots. With respect to the
industrial lots, the Developer further contemplates improving
the lots and entering into leases with private developers who
will subsequently seek City approval of Planned Industrial
Permits and building permits for the lots. Under this
arrangement, the parties agree that the developers seeking
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building permits shall have the responsibility for paying the
fees required by this Agreement. The Developer further agrees
to include in any lease with a tenant, a provision that tenant
shall be responsible for the public facilities fee required by
this Agreement and Paragraph l(b) of the May 25, 1982 Purchase
and Sales Agreement entered into between the County and the
City.
If, however, Developer determines to build
industrial or residential structures on any portion of the
property in its proprietary capacity (as opposed to its
governmental capacity), Developer agrees to pay City the fees
required for those structures by this Agreement. Should
Developer sell all or any portion of the property, the parties
agree that the buyer shall have the responsibility for paying
the fees required by this Agreement. The Developer further
agrees to include a provision in any sales agreement that the
buyer shall be responsible for the public facilities fees
required by this Agreement and the May 25, 1982 Purchase and
Sale Agreement entered into between the County and the City.
4. 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
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until the public facilities fee required by this Agreement is
paid.
5. 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.
6. 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.
7. All obligations hereunder shall terminate in the
event the requests made by Developer are not approved.
8. 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:
8.1 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.
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8.2, If notice is given to Developer by personal
delivery thereof to Developer or by depositing the same in the
United States Mail, addressed to the Developer at the address
set forth herein, enclosed in a sealed envelope, addressed to
Developer for attention of the Director of Public Works,
postage prepaid and certified.
9. 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.
10. 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.
IN WITNESS WHEREOF, this Agreement is executed in San Diego
County, California as of the date first written above.
COUNTY OF SAN DIEGO, CITY OF CARLSBAD, a municipal a political subdivision corporation of the of the State of California State of California
Clerk of the Board of Supervisors City Manager
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* . *RECOMMENDED:
Y Department of Public Works
ATTEST: ROBERT D. ZUMWALT
County Clerk
By /2ia+dA~&.,~~ v --i I, Deputy
APPROVED AS TO FORM: APPROVED AS TO FORM:
COUNTY COUNSEL
hmmd tihr autkorizad by the Board ~wlaemdate~ofs88PiagD
Clerk of the fhmd bf SupeM
ATTEST:
ti aB. u -- Aletha L. Rautenkranz, City Clerk
STATE OF CALIFORNIA),,
COUNTY OF SAN DIEGO) .
personally appeared
KATHRYN A. NELSCN, knownto me to be the Clerk of the Board of
Supervisors of said County, and known to me to be the person
who executed the within instrument on behalf of said County, and acknowledged to me that such County executed the same.
ROBERT D. ZUMWALT, County Clerk and ex-officio Clerk of the Superior Court
(SEAL) Deputy
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L-AL DESCRIPTION COUNTY PROPERTY . I, *
L PARCEL 1:
(8 1437
Those portions of Lots “A” and “Bn of Ranch0 Agua Hedionda, In the
City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 823, filed in the Office of the County Recorder of San diego County, November 16, 1896, described as follows:
CGMMENCING at Point 14 of said Lot “Bn as designated on said Map No. 823; thence along the boundary of said Lot “Bn, South 89*54@00n East,
23.41 feet to the Northeasterly corner of land described in deed to North County Investments, recorded June 16, 1971, as File No. 126673
and being the TRUE POINT OF BEGINNING; thence retracing along said
boundary North 89°54*OOw West, 23.41 feet to.&aid Point 14 of Lot “Bn; thence along the boundary of said land of North County Investor’s as follows: South 54O15*33" West, 326.48 feet; South 5OO55'35" West 1788.65
feet; South 01°28*24” West, 787.30 feet/and South 10°46115n West 2187.68 feet to the most Northerly corner of land described In Parcel 1 In
deed to Carlsbad Municipal Water District, recorded December 27, 1961
as File No. 222199 and being a point herein designated as Point “Xn;
thence along the boundary of said Water District’s land as follows:
South 73O43’45” East, 232.43 feet to an angle point therein; and South 38O38’25” East, 341.96 feet to the most Easterly corner of said land;
thence South 38O38’25” East, 100.00 feet; thence South 51O21’35” West,
638.00 feet to the Northeasterly line of County Road Survey No. 682
(known as El Camino Real) according to Plat thereof on file in the
Office of the County Engineer of San Diego County; thence along said
Northeasterly line North 38O38’25” West (Record - North 38035’OOfl West)
50.00 feet to a point; thence continuing North 38*38’25” West, 150.00 feet to a line which bears South 10°46'1511 West from said Point “Xn;
thence South 10°46t15H West, 39.50 feet to the center line of said County Road Survey No. 682; thence along said center line South 38O38’25”
East, 1047.69 feet to the Westerly prolongation of Course No. 3 In
the Southerly boundary of said Lot “Bn as shown on Record of Survey
Map No. 517, filed in the Office of the County Recorder of San Diego
County, October 23, 1935; thence along said prolongation and said Course
No. 3, North 84O34’38” East (Record - North 84*38’00” East) 1892.91
feet to a line which bears South 03°05108H East from the TRUE POINT
OF BEGINNING; thence North 03°05t08” West, 5593.11 feet to the TRUE
POINT OF BEGINNING.
EXCEPTING THEREFROM that portion conveyed to the City of Carlsbad
in deed recorded June 30, 1982, as File No. 82-201566, described
as follows:
All that portion of Lot “Bn of said Ranch0 Agua Hedlonda, lying within the land described in deed to said County of San Dlego, recorded January 18, 1974, at File/Page No. 74-014190 in said Recorder’s Office, described as follows:
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Commencing at the Northeasterly corner of said County of San Diego
land; thence North 8g054’00w West, 23.41 feet to Point 14 of said Lot "Bn as shown on said Map 823; thence along the boundary of said County land, South 54°15’331V West 326.48 feet; thence South
50’55’35” West, 1788.65 feet; thence South 01*28’24” West, 787.30
feet to the TRUE POINT OF BEGINNING; thence continuing along said
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boundary, iouth 10°46115n West, 1337.68 feet; thence leaving said boundary South 79O13,45” East, 703.35 feet; thence North 30028,48,,
East, 900.00 feet; thence North 30°31,121 West, 800.00 feet; thence South 87°45*29w West, 491.59 feet to the TRUE POINT OF BEGINNING.
PARCEL 2:
That portion of Lot “Bn of Ranch0 Agua Hedionda, in the City of Carlsbad,
County of San Dlego, State of California, according to Map thereof
No. 823, filed in the Office of the County Fieforder of San Diego County,
November 16, 1886, Included ln’that certain 6.459 acre parcel of land
as shown on Record of Survey Map No. 7845 filed in the office of the
County Recorder of said San Diego County’, March 8, 1974, lying Easterly
of the Westerly line of a strip of land 48.00 feet in width, the sidelines
of said strip being 24.00 feet on each side of the following described centerline:
COMMENCING at the most Southerly corner of said 6.459 acre, parcel, thence South 51°46*5Sn West, along the Southwesterly prolongation of
the Southeasterly line of said parcel, a distance of 55.00 feet to
the centerllne of Road Survey No. 1800-l , a plat of which is on file in the Office of the County Engineer of said County; thence South 38O12,02*, East, along said centerline 141.28 feet to the TRUE POINT OF BEGINNING; thence leaving said centerllne, North 38O22,25** East, 480.00 feet to the beginning of a tangent 350.00 foot radius curve, concave Westerly;
819183 thence Northerly along the arc of said curve through a central angle
347614-R of 81 050*49** to the Point of Terminus.
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