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HomeMy WebLinkAboutCT 88-05; Gediman, Donald and Hillside Partners; 1991-0211787; Public Facilities Fee Agreement/Release. * I ’ .- - I.‘, .‘ 586 i ‘Z, z = ” 3 .I- ,z s i zri ‘,i”L” s< i‘ ‘ =: f== “i * > t$ &\ t?‘y’.-y:‘+’ ; t $.r ,? 2 i-3 a: 5 2 & f f & .:s a $ & i. i 2 ; ‘RECGRDING REQLIESTED BY AND ; !. j -2 _ ~,i .;. i.: _ 2, Z-L i-5 ; .-.. = i, -.* . -3 * ::st-$ i F 7 .;” .i is> L r - _..- !,, “_ f : i 1 WHEN RECORDED MAIL TO: CITY OF CARLSBAD i 1 /- --. - ‘.. - - ‘- -, i i ,-:,T’:-’ .:‘- *,;,.,;;,;:*. - -‘,,<: _i_ -, * I i ._ _ _ _ - ,_; ; .I ..,- ., _ L.i- - - ““Ii _. .: i : ‘3:. ‘c ;,,.c __ ?,!;‘,CC, 1200 Elm Avenue Carlsbad, California 92008 . . . ‘;-I -..-: . ” I r _ i _^_’ i ; * ; !.’ - +.- : . I ‘; i I _ ? .., I Space above this line for Recorder’s use I L’ 207-022-54 (new) Parcel No. 207-022-08 (Old) AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into thisdG71L day of M*c# , 19 91 by and between Hillside Partners (Name of Developer) -. a joint venture , hereinafter referred to as (Corporation, partnership, etc.) “Developer” whose address is 4111 Park Drive (Street) Carlsbad, CA 92008 (City, State, Zip Code) and Donald M. Gediman (Name of Legal Owner) an individual (Individual, Corporation, etc.) , hereinafter referred to as ‘UOwnerl’ whose address is P l 0. Box 6407 (Street) Anaheim, CA 92816 (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. REV 7-28-87 . * 4. ’ ,*I I - RECITALS - 587 WHEREAS, Owner is the owner of the real property described on Exhibit “A”; attached to 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 has contracted with Owner to purchase the Property and proposes a development project as follows: Thirteen (13) single family home lots on said Property, which development carries the proposed name of none at this time and is hereinafter referred to as “Development”; and WHEREAS, Developer filed on the 23rd day of September , 1988 , with the City a request for tentative map approval 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 -2- REV 7-28-87 .’ 588 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. -3- REV 7-28-87 i:,: .., - 589 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. -4- REV 7-28-87 4: :‘.- /I - 1 590 a 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. -5- REV 7-28-87 . I 591 I 6. ‘4 . , ,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. \I (Name) (Signature) (Name) (Signature) DEVELOPER: Hillside Partners, a joint venture Edward Martinet I I Joint Venturer TITLE Manaqinq Partner BY TITLE ATTEST : CITY OF CARLSBAD, a municipal corporation of the APPROVED AS TO FORM: . VINCENT F. BIONDO, JR., City Attorney DEf’Un Cll-i ATTORNEY (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) L s -6- - REV 7-28-87 7 C’ STATE OF CALIFORNIA) 592 COUNTY OF SAN DIEGO) " On this /Sr day of h-PP/L , 1991, before me, czf--&LA l%9ustsi? , personally appeared EDWARD D. MARTINET, personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument and personally known to me or proved to me on the basis of satisfactory evidence to be one of the joint venturers of Hillside Partners, the joint venture that executed the within instrument and acknowledged to me that he executed the same as joint venturer and that such joint venture executed the same. WITNESS my hand and official seal. Notafl Public in and for said County and State INDIVIDUAL ACKWOWLLDO##ENT. *****s****************** OFFICIAL SEAL t GISELA HAUSER ** NOTARY PUBLIC-CALIFORNIA t NOTARY BOND FILED IN 2 SAN DIEGO COUNTY f t My commission Expires July 23. 1993 g **********+*+**************,*******~~ St&of California County of Orange > On this the 26 day of March 194b, before me, ss. JoAnn M. Kenney the undersigned Notary Public, personally appeared Donald M. Gediman OFFICIAL SEAL mANNM.lcENNEY ?il%t%ZW [fg personally known to me 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) i S subscribed to the within instrument, and acknowledged that he executed it. WITNESS my hand and official seal. Notary’s Signature ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to another document. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document Public Facilities Fee Agreement Number of Pages 8 Date of Document Signer(s) Other Than Named Above Edward Martinet, Martin Orenyak ‘O-109 0 NATONAL NOTARY ASSOCIATION. 8236 Remmet Am . P.O. Box 7184. Cano9a Park, C4 91304-7 . ; ‘- . ,‘(.. t ’ . , ’ - 593 EXHIBIT “A” LEGAL DESCRIPTION LOTS 16 AND 17 IN BLOCK "G" OF BELLAVISTA IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 2152, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 7, 1929. ALSO, THAT PORTION OF LOT 18 IN SAID BLOCK "G" OF BELLAVISTA LYING NORTHERLY OF THE EASTERLY PROLONGATION OF THE NORTHERLY LINE OF THE SOUTHERLY 5.00 FEET OF LOT 1 IN BLOCK "E" OF BELLAVISTA. EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHWESTERLY CORNER OF PARCEL 2 OF PARCEL MAP N0.10776, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, 1980, THENCE LEAVING SAID LINE ON A PROLONGATION OF THE NORTHWESTERLY LINE OF SAID PARCEL 2, SOUTH 71“01'23" West, 15.34 FEET TO AN INTERSECTION WITH THE SOUTHEASTERLY PROLONGATION OF THE EASTERLY RIGHT OF WAY LINE OF JAMES DRIVE; THENCE ALONG THE NEW PROPOSED RIGHT OF WAY LINE SOUTH 28O36'24" EAST, 11.86 FEET TO THE BEGINNING OF A TANGENT 170.00 FOOT RADIUS CURVE, CONCAVE NORTH- EASTERLY; THENCE SOUTHEAST ALONG SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 10°03'00" AN ARC DISTANCE OF 29.82 FEET; THENCE TANGENT TO SAID CURVE SOUTH 38O39'24" EAST, 42.40 FEET TO A POINT ON THE NORTH- EAST LINE OF SAID LOT 16; THENCE ALONG SAID NORTHEASTERLY LINE NORTH 24'58'37" WEST, 80.87 FEET TO THE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 16, SAID POINT ALSO BEING THE MOST NORTHWESTERLY CORNER OF PARCEL 3 OF PARCEL MAP NO. 10776, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, 1980, THENCE ALONG THE LINE COMMON TO SAID LOT 16 AND SAID PARCEL 3 SOUTH 24O58'37" EAST, 128.00 FEET TO THE MOST SOUTHWESTERLY CORNER OF SAID PARCEL 3; THENCE LEAVING SAID LINE ON A PROLONGATION OF THE SOUTHEASTERLY LINE OF SAID PARCEL 3; SOUTH 71OO1'23" WEST, 15.34 FEET TO AN INTERSECTION WITH THE SOUTHEASTERLY PROLONGATION OF THE EASTERLY RIGHT OF WAY LINE OF JAMES DRIVE; THENCE ALONG THE NEW PROPOSED RIGHT OF WAY LINE NORTH 28'36'24" WEST, 108.78 FEET TO A POINT ON THE NORTHWESTERLY LINE OF SAID LOT 16; THENCE ALONG SAID NORTHWESTERLY LINE NORTH 26°11'06" EAST, 28.43 FEET TO THE POINT OF BEGINNING.