HomeMy WebLinkAboutCT 88-01; LR Partnership; 88-162752; Public Facilities Fee Agreement/Release: ‘ . - ” . 2389
.’ I RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
CITY OF CARLSBAD
1200 Elm Avenue
8 ?’ \ 62752
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Space above this line for
Signature of declarant determining
tax-firm name
City of Carlsbad
Parcel No. &zQ 7 - 10 / - z/
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this // day of February , - _.
19 62 by and between
T,- R- Par-a (Name of developer=owner)
a I;enpPal Pgrwr-C;hin
(Corporation, part&t-ship, etc.)
, hereinafter referred to as
“Developer” whose address is 325 Elm kvenue
(Street)
Carisbad, CA 9200s and THE CITY OF
(City, state, zip code)
CARLSBAD, a municipal corporation of the State of California, hereinafter referred
to as “City”, whose address is 1200 Elm Avenue, Carlsbad, California, 920~08.
WITNESSETH:
WHEREAS, Developer is the owner of the real property described on
Exhibit “All:, 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:
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REV 7-28-87 CT- CFE/ Pew& I
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on said Property, which development carries the proposed name of
Laguna Shores
.
and is hereinafter referred to as “Development”; and
WHEREAS, Developer filed on the day of February I
19 88 , with the City a request for tentative map and residential
planned unit development
hereinafter referred to as 81Request”; 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 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 convenants
contained herein, the parties agree as follows:
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r’ 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 other construction permits
for the development-and shalt 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 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 for 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 or 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
Paragraph 1 above.
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all or part of the financial obligation agreed upon in
If Developer offers to donate a site or sites for public
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: ’ ,k .+; .I, .c * .; i ‘j+&, i.‘.* ‘l&..,:. ,: -:+ $: ‘. *. _,
.
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facilities, the City shall consider, but is- nA%&ated to yccept 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.
6. All obligations hereunder shall terminate in the event the Requests
made ‘by Developer are not approved.
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7. Any notice from one party& to iiw o her 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 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.
8. This agreement shall be binding upon and shall ensure to the
benefit of, and shall 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’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 agreeme;; is executed in San Diego County,
California as of the date first written above.
.
DEVELOPER-OWNER:
L. R. Partnership
(Title)
BY
4
(Title)
CITY OF CARLSBAD, a municipal
corporation of the
State of California
BY MARTIN ORENYAX
For City Manager -
ATTEST :
L5lukdd~~
ALETHA L. RAUTENKRANZ, Citq Clerk
APPROVED AS TO FORM: AW?O’~ED AS TO FORM:
VrN~+ F. BQ’JDQ JR., Ci~~.ATTOf?4r/
By t i--’ ‘.“,-- “:4..i*..‘,-;-* $.!,.,I /Y; ,.._ _ _,-_, 7
L”u -. i._ .
VINCENT F. BIONDO, JR., a- . BALL
City Attorney
c
(Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) .
t
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STATE OF CAL iss.
On
said State, personally appeared
personally known to me (or pro
within instrument as the agent
, before me the undersigned, a Notary Public in and for
A 3m.s r
the partnership that executed the within instrument, and
acknowledged to me that he/she executed the same for and on
behalf of said partnership and that said partnership executed
the same.
(This area for official notarial seal)
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. . --.:HIBIT "A" ” - 23-j
LEGAL DESCRIPTION
That portion of Lot "I" 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, described as follows:
Beginning at Corner No. 15 of saids Lot "I" as shown on said Map No. 823;,.. +hence Southeasterly along the Southerly line of said Lot "I"', South 53 44' 35" East 499.45 feet to the most Southwesterly corner of that parcel of land described in deed to Robert W. Phipps, et ux, recorded October 29, 1958 under Document No. 179767 of Official Records* ,,thence along the boundary line 06 said land as follows: North 25 01' 15" East (Record - North 24 53' 50" gast) 597.82 feet; thence continuing along said boundary line South 47 36' 05" East 153.79 feet to the beginning of a tangent curve, concave Northerly, having a radius of 355.00 feet; theBce Easterly along said curve 376.92 feet, through an angle of 60 50' 00"; thence tangent to said curve North 71 33' 55" East 100.40 feet to the Northeasterly corner of said land and the true point of beginning; thence continuint North 71' 33' 55" East 206.14 feet; thence South 59' 29' 39" East 251.51 feet; thence South 25' 01' said lot; 15" Nest 902.08 feet to the Southwesterly line of thence North 64 25' 37" West along said Southwesterly line 4OO.Oc) feet to the Southeasterly corner of saids Phipps land; thence North 25' 01 ' 15" East along the Southeasterly line of said land, 780.49 feet to the true point of beginning.
EXCEPTING therefrom that portion of said land which lies Southwesterly of the following described line:
Beginning at said true point of bgginning; thence ;orth 71' 33' 55" East 206614 feet; thence South 59 29' 39" East 251.51 feet; thence
south 25 01' 15" described line; West 662.37 fget to the beginning of the herein thence North 73 36' 47" West 404.57 feet, more or less, to a point in the Southeasterly line of said land of Phipps that is South 25O 011 15" West 605.37 feet from the true point of beginning and the end of the herein described line.
LSO ZXCEE'TING therefrom all oil, gas and other hydrocarbons lying 5oo.cc; feet below the surface of said land, but without right of entry to rer;ove the same, as grant to Carlsbad Bay Properties, Ltd., a limited partnership by deed recorded June '10, 196& as File No. 96353, Cifficial zecords.
tiaid land is shown on that certain record of surve:? recorded as Surveg Iic, 9317, i-iecorc?s of ;an hiego ZooixjT:;~-