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Home My WebLink AboutCT 88-03; Fieldstone/La Costa Associates; 1993-0599440; Public Facilities Fee Agreement/ReleaseI - - . * RECORDING REQUESTEL ,f AND . WHEN RECORDED MAILTO: f ,Yc # ml-05p9440 I+SEY-1993 ll=#O All City Clerk ; 746 OFFICM RECORDS CITY OF CARLSBAD SAN DIE60 COUNTY RECQRDER’S OFFICE 1200 Carlsbad Village Drive ANNETTE EVANS, COIJti;;EEECORDER RF: 10.00 : 26.00 Carlsbad, California 92008-l 989 ;;i 15,oo J 1.00 i. A L\ Parcel No. 255-0~0-01, 255-030-09, 255-030-12,13 255-031-24,25 255-041-14 '\ AGREEMENT BETWEEN DEVELOPE -OWNER AND THE CRY OF CARLSBAD FO 3 THE PAYMENT OF A PUBLIC FACILITIEG FEE FOR INSIDE THE BOUNDARIES OF COMMUNITY FA ZILITIES DISTRICT NO. 1 THIS AGREEMENT is entered into this 4th day of 1 June , 19% by and between FIELDSTONE/LA COSTA ASSOCIAiES LIMITED PARTNERSHIP, a California Limited Partnership (name of developer-owner) a partnership I hereinafter referred to a “Developer” whose address (corporation, partnership, etc.) I is Suite 250, 5465 Morehouse Drive, San Dieco, Californja. 97171 (street) (city, state, zip code) and the ClTY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as “Cityw, whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008- 1989. L WITNESSETH: WHEREAS, Developer is the owner of the real property described on Exhibit “A”, attached hereto and made a part of this agreement, hereinafter referrec to as “Property”; and WHEREAS, the Property lies within the boundaries of City; and WHEREAS, Developer proposed a development project as follows: tentative map & planned development for 1074 single famil d residences on said Property, which development carries the proposed n me of Arroyo La ‘Osta I Form Approved Sy C&y Counoil J&y 2.1991 Reso + Bl-194/KJH c‘ 1 1 . . -, 747 - . ‘, and is hereafter referred tt -6 “Development”; and WHEREAS, Developer filed on the 20th day of 1, wu, with the City a request for extension of tentative map CT 88-3 for project described on page one 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 2, 1991, 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 Cii to find that public facilities and services will be available to meet the future needs of the D8VelOpm8nt as it is presently proposed; but the D8V8lOp8r 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 D8V8lOp8r shall pay to the city a public facilities fee in an amount not to exceed 1.8296 of the building permit valuation of the building of structures to be constructed in the DeV8lOpm8nt 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 Form Approved By Clly Council July 2,1991 Re80 # Sl-194jKJti 2 _ , --- 748 - 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 1.8296 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 us8 or occupancy for which the development is intended. Developer shall pay the Clty a public facilities fee in the sum of $598 for each mobilehome space to be constructed pursuant to the P8qU8St. 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 b8COm8 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 D8V8tOpment with th8 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 d8V8lOpm8nt will not be consistent with the General Plan and any approval or permit for the Form Apprwed By City Council Juty 21991 Re80 # Ql-lW/ICIH 3 - - 749 - ‘. ;. Development shall be void. No building or other construction permit or entitlement for use shall b8 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 DeVelOp8r 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 Request made by Dev8loper is 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 S8rV8d in one of the following manners: 7.1 tf notice is given to the City of personal delivery thereof to the Cii or by depositing same in the United States Mail, addressed to the City at the address set forth herein, 8nClOs8d in a sealed env8lop8, addressed to th8 City for attention Of the cii Manager, postage prepaid and certified. 7.2 ff notice is given to Developer by personal delivery thereof to Developer or by depositing the same in the United States Mail, enclosed in a Seated envelope, addfessed to D8V8lOp8r at the address as many have been designated, postage prepaid and certified. 8. This agreement shall be binding upon and shall inure to the b8n8fti of, and shall apply to, the respective succ8ssow and assigns of Developer and Cii, and references to Developer or City herein shall be deemed to be a reference to and include their respective Form Apprwd 6y cily Council July 2,199l Reso # 91.194KlH 4 : 750 - 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 to Developer’s interest in the property shall haV8 first assumed in writing the DeV8lOp8r’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. Form Apprwod 6y City Council July 2,1991 Reea X Ql-194fKJH 5 * . BY: . 1. 751 - IN WlTNESS WHEREOF, this agreement is executed in San Diego County, California as of th8 date first written above. DEVELOPER-OWNER* * B~iH~XWH~8~LJli~1~eBTA THE FIELDSTONE COMPANY, a California m. Y.... . *. ClTY OF CARLSBAD, a municipal corporation of the Stat8 of California (print name) (print name) (title) ATTEST: APPROVED AS TO FORM: RONALD R. BALL, City Attorney Deputy City AttOrn8y (Notarial acknowledgement of execution of DEVELOPER-OWNER must be attached.) Form Apprwed 6y City Council July 2,lSQl Reao # Ql-194lKJH 752 u&p8mposaAatMOwu-m)IT Y)za SW-\ . Cd& . I State of I nLlr I WAUTV CLAJMED BY SIGNER 2 county of s&e ILqb 1 Qn b-4-43 before me. . +&J&&J& DArF ‘UNt.WTLEOrOFWE* EG:&tOoENOTufW=C- ’ mANEIS) OF slcaEA~8 @ personally known to me - OR - 0 proved to me on tfw basis of satid- eMonce to be me person(s) whose nafw(s) is/are subscribed to the within instrurmrrt and m knoudedged to me that he&hMMy exocutad the same in his/her/their authorited capacity(ies). and that by hidhWthJr signature(s) on me inslrumont the pwson(r), oftheentityuponbefWfoftiichtfw~(s) acted, executed the ifWument. WiimyhandandoffWds8al. 0 PAFCTMWS) i 0 A~ORNW-IN-FACT 0 -Elst 0 SwacRAlra WITNESS 0 ~ANICONSERVAt i 0 OTHIEA: 7 9 I smERlsREPREsERTlNG: i WyI 0 Pwaoras) an mnnc -& &&&aQJt~ i j: A c;l&ni pdmj . I ATrEwloN NOTARY: A umllwmaal T mw8aa~1~n~prmr--dhi-m~-. THfS CERTIFGAiE TiiOrT~OfDOUJ~ 1 MUST BE AtTACHED i TO THE DOCUMENT NumberofPages Datodoocumnt i DESCFWED AT RffiHT: Signer(s) Othw Than Named Abow k 753 EXHIBIT “A” LEGAL DESCRIPTION A portion of the South Half of Section 36, Township 12 South, Range 4 West, San Bernardino Meridian, to- gether with a portion of Fractional Sections 1 and 2, Township 13 South, Range 4 West, San Bernardino Merid- ien, together with Lot 1 and a portion of Lots 2, 3, 4, 9, lO,and 11 of Ranch0 Las Encinitas, Map no. 848, all in the City of Carlsbad, county of San Diego, State of California. Form Approved By City Council July 2,199l Rmo II, 91.194/KJH 7