HomeMy WebLinkAboutCT 88-02; First Darthron Associates/Wesco Development; 88-162750; Public Facilities Fee Agreement/Release. . SC _ . “b 2373
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. RECORDING REQUESTED BY AND ) , WHEN RECORDED MAIL TO: I
CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, California 92008 . .
Signature of declarant determining
tax-firm name
City of Carlsbad
Parcel No. lb7 L pco -03
AGREEMENT .BETWEEN OWNER, DEVELOPER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this 11 day of March ,
c
19 88 by and between WRS~T) ~~VET,~PMEJJT rnRPwnn,
(Name of Developer)
a C lifornia Corpora- ;Corporation, partnership, etc.)
, hereinafter referred to as
l’Developer’l whose address is 73545 rrpnchaw ~~~~~~~~~~~ slli+e pnn
(Street)
Torrance, California 90505 (City, State, Zip Code)
and FIRST DARTHRON ASSOCIATES
(Name of Legal Owner)
a California General Partnership . , hereinafter referred to as
(Individual, Corporation, etc.)
“‘Owner” whose address is 13305 p~.trTSP;rie;il~+p 300
Whittier, California 90602 (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.
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REV 7-28-87 q$@ /“&..#Q
RECITALS
WHEREAS, Owner is the owner of the real property described on
Exhibit “All; attached to and. made a part of this agreement, hereinafter
referred to as B’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: A 35-Unit
Single-Family Residential Subdivision
on said Property, which development carries the proposed name of
Vista De La Valle
and is hereinafter referred to as “Development”; and
WHEREAS, Developer filed on the 18 day of March I
19 99 , with the City a request for a tentative tract map (and planned
unit development).
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 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
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l . WHEREAS, Developer and Owner. have asked the City to find that
public facilities and services will bc 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 convenants
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 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 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 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.
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Developer and Owner 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 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 Owner offer 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. 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.
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1 I 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 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, Owner and the City, and references to Developer, Owner or 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.
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* . 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 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.
OWNER: DEVELOPER:
q (Signature)
BY
TITLE
ATTEST :- CITY OF CARLSBAD, a municipal
corporation of the
& A R&
ALETHA L. RAUTENKRANZ, City [Clerk For City Manager
APPROVED AS TO FOR 6 TO FORM:
BiONDO, JR., fan A~JQR~~EY >. .----.S~.,&~,~,.~ “-“;. ,I ‘.,
BY-. *-” ” .,C,. j 1 u ..< i i,, -c.. .’ -
, VINCENT ‘F. BIONDO, JR.,
RONALD R. BALL
City Attorney ,
(Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached. )
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STATE OF CALIFORNIA
La5 & JLS >
ss. ..t 2373
COUNTY OF
On this ! ?* day of ~~ rJ , in the year 19z&
before me, the undersigned, a Notary Public in and for said State, personally appeared
~*“~~*+~*~.~~~..**..*.~...***,
i OFFICIAL SEAL
DONNA M. Di MARIA t NG?P!ry PGLTiC-&!if~i~ja
Frir;ci,:;il OXice 1,~ $ LCS A!.;?!25 CourlJy 6’ Cc’ixa. Lxp. June 25, 1999 t
t ~*.*.*o*.*,~eoO~~~*.......-*~
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(or proved 6
&ry+ , personally known to me
me on the basis of satisfactory evidence) to be the person who executed the
within instrument on behalf of the Corporation therein named, and acknowledged to me that
the Corporation executed it.
WITNESS my hand and
ACKNOWLEDGMENT-Cor~a~~-~~ Form ZZXA-K-Rev. S-82
a1982 WnLCol-fS IYC
STATE OF CALIFORNIA
SAN DIEGO >
ss.
COUNTY OF
On this day of March 1 1 th , in the year 1988,
before me, the undersigned, a Notary Public in and for said State, personally appeared
David IZleinman
s:::~ 0m1 cnur.ITy My corm. exp ^ - - - - . . ires SEP 25, 1990
-c-N OFFICIAL SEAL
RiC!‘: C!.f9 CLAVIER \I .,L
IJr,TiX’,’ i 1!3;:C - CALIFORNIA
personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person who executed the
within instrument on behalf of the Partnership named therein, and acknow-
ledged to me that the Partnership executed it.
WITNESS my hand and official seal.
ACKNOWLEDGMENT-General M liikl F’arimrship-Wokottt Form ZXCA--Rev. S-82 Notary Public in and for said State.
. U982 WOLCOTTS. INC.
STATE OF CALIFORNIA
SAN DIEGO >
ss.
COUNTY OF
On this -&!&!hday of March , in the year 1988, before me, the
undersigned, a Notary Public in and for said State, personally appeared Arthur Harris Vice President and Rita Harris, President
i,!!FJC!C - CALIFORNIA
personally known to me (or proved to me on the basis of satisfactory evidence) to be the
persons who executed the within instrument as President and Secretary, respectively, of the
Corporation named therein, said Corporation being personally known to me (or proved to me
on the basis of satisfactory evidence) to be the person that executed the within instrument on
behalf of the Partnership named therein, and acknowledged to me that the
Partnership executed it.
ACKNOWLEDGMENT BY CORPORATION WHICH IS A GENERAL PARTNER OF GENERAL OR LIMITED PARTNERSHIP-Wolcoiis Form 230CA 01982 WOLCDTTS. INC
WITNESS my hand and official seal. .
(2cdu&cQwM-
Notarv Public in and for said State.
L
.
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JL 2380
STATE OF CALIFORNIA
SAN DIEGO >
ss.
COUNTY OF
On this 11th day of March 88 , in the year 19-,
before me, the undersigned, a Notary Public in and for said State, personally appeared
Arthur Harris
personally known to me
(Or proved to me on the basis of satisfactory evidence) to be the person who executed the
within instrument on behalf of the Partnership named therein, and acknow-
ledged to me that the Partnership executed it.
WITNESS my hand and official seal. . s
ACKNOWLEDGMENT-General or Limited Parbw.hii--~olco~s Fwm 238c~-~&v. 5.82 Notary Public in and for said State.
STATE OF CALIFORNIA
>
ss.
COUNTY OF SAN DIEGO
On this 11th day of March , in the year 1988,
before me, the undersigned, a Notary Public in and for said State, personally appeared
RIM GEM CLAVIER
NOTjiRi’ >‘;!sLlC - CALIFORNIA
Rita M. Harris
personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person who executed the
within instrument on behalf of the Partnership named therein, and acknow-
ledged to me that the Partnership executed it.
WITNESS my hand and official seal.
ACKNOWLEDGMENT-Gmwrai or Limkd Partnership-Wokotts Form 23SCA-Rev 5-82 Notary Public in and for said State.
01982 WOLCOTTS. INC.
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db 2381
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EXHIBIT “A”
LEGAL DESCRIPTION
Lots 1 through 8 inclusive and Lots 11 through 14 inclusive of Carlsbad Tract No. 84-33, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 11973,
filed in the Office of the County Recorder of San Diego County,
December 11, 1987.