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Home My WebLink AboutCT 85-17; Huntington Beach Company; 90-600883; Public Facilities Fee Agreement/Release.\ ” . \. 1018 Ul -00883 i .1 i.. -.?‘: fi:,fC {pd -] ’ “{;3&.;!~; 1 -; ._ -: :.;:2:_:;yi 7; ;:A t RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO:. . ) . -. 1 CITY OF CARLSBAD > 1200 Carlsbad Village Drive > (Formerly Elm Avenue) Carlsbad, California 92008 Space above this line for Recorder’s use Parcel No.2 12-0 41 -mj 10 I !I AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this dayof v 19$d byandbetween /?fi Al/nfkbl &ACL, C’onq,km/ (Name of Dev&oper(Owner) a lbf 4 OfG AGl (Corporkion, Partnership, etc.) , hereinafter referred to as “Developer” whose address is 22.0 An> 56/e+ . ho 260 , h?*nc~ kkd, c/f (Street) (City, State:Zip Code) fl and the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as “City”, whose address is 1200 Carlsbad Village Drive (Formerly Elm Avenue), 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: /vhd &i //I du 5ff /if na/l; on said Property, which development RF FB AR MG -. REV 8/90 1 1019 . a carries the proposed name of &L&W Ad and is hereinafter referred as “Development”; and a WHEREAS, Developer filed on the 6 - day of &une ,192 with the City a request and hereinafter referred to as “Request”; 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 28, 1987, 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 exceed 3.5% 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 REV 8/90 2 1020 other construction permits for the development and shall be based on the valuation at that time. This fee shall be in addition to any feesY 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 3.5% 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 of use” as used in this agreement, except in reference to mobile home 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 of occupancy for which the development is intended. Developer shall pay the City a public facilities fee in the sum of $1,150 for each mobile home 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. 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 REV 8/90 3 1021 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 service sufficient to accommodate the needs to the Development herein described. 6. All obligations hereunder shall terminate in the event the Requests made by Developers 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 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 attention of the City Manager, postage prepaid and certified. 7.2 If notice 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 8/90 4 r 1022 apply to the respective successors and assigns of Developer and the City, and references to Developer City herein shall be deemed to be references 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? 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. REV 8/90 5 . - _ L s* 1023 IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. 1 -. DEVELOPER-OWNER: CITY OF CARLSBAD, a municipal corporation of the State of California (Title) By: For City Manager ATTEST: -llzhaLdRv ALETHA L. RAUTENKRANZ, City Clerk APPROVED AS TO FORM: VINCENT F. BIONDO, JR. City Attorney (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) REV 8/90 h l , . STATE OF CALIFORNIA COUNTY OF ORANGE 1024 ) ) ss. 1 On this 17th day of September, 1990, before me, the undersigned, a Notary Public in and for said State, personally appeared B. /. SHALLYand A. /. CLARK personally known to me to be the Vice President and Assistant Secretaryflreasurer of HUNTINGTON BEACH COMPANY, that executed the within instrument, and personally known to me to be the persons whose names are subscribed to the within instrument on behalf of such corporation, 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. .,*- % .A 51 E R , ,2 / C ? ‘c z Tl c - . ORDER NO. 1001785-11 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: PARCEL A: THAT PORTION OF THAT CERTAIN PARCEL OF LAND SHOWN AND DESIGNATED AS "DESCRIPTION NO. 3, 78.07 ACRES", ON RECORD OF SURVEY MAP NO. 5715, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON DECEMBER 19, 1960, BEING A PORTION OF LOT "G" OF THE RANCH0 AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, NOVEMBER 16, 1896, LYING NORTHERLY OF THE CENTER LINE OF COUNTY ROAD SURVEY NO. 1534 AS SHOWN ON SAID RECORD OF SURVEY MAP NO. 5715 (NOW KNOWN AS PALOMAR AIRPORT ROAD). EXCEPTING THEREFROM THAT PORTION LYING WESTERLY OF THE FOLLOWING DESCRIBED BOUNDARY LINES: COMMENCING AT THE NORTHWESTERLY CORNER OF SAID "DESCRIPTION NO. 3", THENCE ALONG THE NORTHERLY LINE OF SAID "DESCRIPTION NO. 3" SOUTH 89O46'32" EAST, 214.72 FEET TO THE NORTHEASTERLY CORNER OF LAND DESCRIBED IN DEED TO EPOH INVESTMENT CLUB, RECORDED NOVEMBER 15, 1961 AS FILE NO. 197951 OF OFFICIAL RECORDS AND THE TRUE POINT OF BEGINNING; THENCE ALONG THE EASTERLY BOUNDARY LINE OF SAID LAND AS FOLLOWS: SOUTH 19O12'56" EAST, 1115.85 FEET TO AN ANGLE POINT THEREIN AND SOUTH 02°36'OO" WEST, 500.00 FEET TO THE SOUTHERLY LINE OF SAID "DESCRIPTION NO. 3". PARCEL B: THAT PORTION OF THAT PARCEL OF LAND DESIGNATED AS "DESCRIPTION NO. 3, 78.07 ACRES", AS SHOWN AND DELINEATED ON RECORD OF SURVEY MAP NO. 5715, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON DECEMBER 19, 1960, BEING A PORTION OF LOT "G" OF THE RANCH0 AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY ON NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: PAGE 18 I , +,A _ ;5* I .,\ 51 E H I C \ * -0 c- + If . . - . ? 1026 oz?mI.R NO. 1001735-11 BEGINNING AT THE POINT OF INTERSECTION OF THE NORTHERLY LINE OF SAID PARCEL WITH A LINE WHICH IS PARALLEL WITH AND 110 FEET SOUTHWESTERLY, MEASURED AT RIGHT ANGLES FROM THE NORTHEASTERLY LINE OF SAID PARCEL; THENCE ALONG THE BOUNDARIES OF SAID PARCEL AS FOLLOWS: NORTH 89O46'32" WEST, 214.72 FEET TO THE NORTHWEST CORNER THEREOF; SOUTH lOO2'57" WEST, 1,295.68 FEET, SOUTH 28O55'39' EAST, 190.67 FEET TO A POINT IN A 1,500 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 6O39'05" EAST, EASTERLY .ALONG SAID CURVE, 116.40 FEET ,THROUGH A CENTRAL ANGLE OF 4O26'46"; AND SOUTH 78O54'09" EAST, 382.97 FEET; THENCE NORTH 2O36' EAST, 500 FEET; THENCE NOR'I'H 19O12'56' WEST, 1115.85 FEET TO THE POINT OF BEGINNING. PARCEL C: PARCELS 1 THROUGH 4 OF PARCEL MAP NO. 6331, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 8, 1977 AS FILE NO. 77-369645 OF OFFICIAL RECORDS. EXCEPTING THEREFROM ONE-HALF INTEREST IN AND TO ALL THE OIL, GAS AND MINERAL RIGHTS BELOW A DEPTH OF 500 FEET FROM THE SURFACE THEREOF WITH NO RIGHTS OF SURFACE ENTRY. PAGE 19