HomeMy WebLinkAboutCT 89-18; Centex Homes; 1999-0313193; Public Facilities Fee Agreement/Release. - lllllllll~l~~lyylllyyllI 19904313193
4385
DOC I# 1999-0313193
MAY 073 1999 12:lti PiI
WFImL RECORDS SAN DIEGO Mx%ITY RECDRDER’S OFFICE GREGORY J. WTH, COJNTY RECORDER FEES: 31.00
RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: )
City Clerk ; CITY OF CARLSBAD ) 1200 Carlsbad Village Drive 1 Carlsbad, California 92008-l 989 >
Space above this line for Recorder’s use
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
FOR INSIDE THE BOUNDARIES OF COMMUNI’IY FACILITIES DISTRICT NO. 1
Parcel No. 264-480-0600
THIS AGREEMENT is entered into this 16th day of March 9 1999,
by and between (name of&eloper-owner) Centex Homes / 2728 Holding Company
a (corporation, partnership, etc.) corporation , hereinafter referred to as “Developer”
whose address is (street, city, state, zip code) 5962 La Place Court, Suite 250
Carlsbad 92008 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, Carlsbad, California, 92008-1989,
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 proposed a development project. as follows:
v retie
Form Approved By City Council July 2, 1991
Resolution No. 9 I- 194
1
on said Property, which
Form 17A
Rev. 01/l l/96
5Du 97-0s
4 s/G
, 4986
development carries the proposed name of The Ranch
and is hereafter referred to as “Development”; and
WHEREAS, Developer filed on the 16th day of March ,1999, with the
City a request for second dwelling unit
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, 199 1, on tile 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 findmg 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
1.82% 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
Form Approved By City Council July 2, 1991
Resolution No. 91-194
2 Form 17A
Rev. 01/l l/96
to any fees, dedications or improvements required pursuant to Titles 18, 20 or 2 1 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 1.82% 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 use or occupancy for
which the development is intended. Developer shall pay the City a public facilities fee in the sum of
$598 for each mobilehome 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. I
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.
Form Approved By City Council July 2, 199 1
Resolution No. 91-194
3 Form 17A
Rev. 01/l l/96
4888
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 Request made by Developer 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 served in one of the following manners:
7.1 If notice is given to the City of 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 many have been designated, postage prepaid and certified.
8. This agreement shall be binding upon and sha’fl inure to the benefit of, and shall apply to,
the respective successors and assigns of Developer and City, and references to Developer or City herein
shall be deemed to be a reference 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 to
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
Form Approved By City Council July 2, 199 1 4 Form 17A
Resolution No. 9 I - 194 Rev. 01/l 1196
Property. When the obligations of this agreement have been satisfied, City shall record a release.
. . .
. . .
. . .
. . .
. . .
. . .
. . .
. . .
. . .
. . .
Form Approved By City Council July 2, 1991
Resolution No. 9 l-1 94
Form 17A
Rev. 01/l l/96
. . 4890
IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the
date first written above.
DEVELOPER-OWNER: CITY OF CARLSBAD, a municipal corporation
Centex Homes / 2728 Holding Co
(signature) ’
Paul Bettison
(print name)
Vice President
(title)
John Massey
(print name)
ATTEST:
APPROVED AS TO FORM:
RONALD R. B&L, City Attorney
(title) rv
(Notarial acknowledgment of execution of DE VELUPER and OFVATER must be attached).
(President or vice president& secretary or assistant secretary must sign for corporations. If only one
officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary
under corporate seal empowering that oficer to bind the corporation).
(If signed by an individual partner, the partnership must attach a statement of partnership authorizing
the partner to execute this instrument).
Form Approved By City Council July 2, 1991 6
Resolution No. 9 1- 194
Form 17A
Rev. 01/l l/96
EXHIBIT “A”
LEGAL DESCRIPTION
Lot 6 at 3570 Camino Arena of Ranch0 Verde, CT-89-18, Map No. 13285,
File No. 96-0020898 as filed with the County Recorder 01/16/96.
Form Approved By City Council July 2, 1991
Resolution No. 9 1-l 94/KJH
Form 17A
Per Jane Mobaidi, Rev. 01/l l/96
1 .
4892
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
$iIiNaiqa County of 1
ss.
On~~‘&I 16, / 4 qq, before me,
Date ’
personally appeared
\ &s-&. Al , o~fLc(
Name and Title of Officer (e!g., “Jane Doe, Notary@blic”) b-k I
Name(s) of Signer(s)
kc personally known to me
evREiiCe
Place Notary Seal Above
to be the person($j whose name(d is&e
subscribed to the within instrument and
acknowledged to me that heleh&#q executed
the same in his/+t&th+ authorized
capacity(iesj, and that by hisA=tenI+r
signatureC$) on the instrument the person@J, or
the entity upon behalf of which the person@j
acted, executed the instrument.
WITNESS my hand and official seal.
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer’s Name:
0 Individual
0 Corporate Officer - Title(s):
0 Part&r - 0 Limited 0 General
0 Attorney in Fact
0 Trustee
q Guardian or Conservator
q Other:
Signer Is Representing:
0 1997 Nataonal Notary Association * 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 913132402 Prod. No. 5907 Reorder: Call Toll-Free l-800-876-6827
4893
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California r
County of &n l-hmo >
SS.
Onuf?j’I lb, I q47 , before me, &n;& f-s. I l&!jzuu@b~L.c.
Date -+&VI f,lwwq-
Name and Title of Officer (e.g., “.&a~ hoe. Notary Plldlic”)
personally appeared
Name(s) of Signer(s)
JENNIER S. JON6 Canmlplon # lZSV965 Notory PUM~C - cdii
San Diego County
$
h+lyCanm.Ekpkwkkm14,Z#3
personally known to me
snf!W.l&&lry
e-e
to be the person& whose name# is/e+%+
subscribed to the within instrument and
acknowledged to me that he/eh&hqexecuted
the same in his/h&#& authorized
capacity(ieSf, and that by his/he&h&
signaturewon the instrument the person@), or
the entity upon behalf of which the personti
acted, executed the instrument.
Place Notary Seal Above
my hand and official seal.
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer’s Name:
•I Individual
0 Corporate Officer - Title(s):
0 Partner - q Limited q General
0 Attorney in Fact
0 Trustee
0 Guardian or Conservator
q Other:
Signer Is Representing:
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0 1997 National Notary Association * 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll-Free 1-600-676-6627