HomeMy WebLinkAboutCT 89-19; Odmark & Thelan & The Davidson Companies; 1991-0482584; Public Facilities Fee Agreement/Release. . : . % :.,t ;c # 19p1-0482584 . .
1227 19-SEP-1991 11=03 AM -
RECORDING REQUESTED BY AND ) OFFICIAL RECORDS
WHEN RECORDED MAIL TO:
1
~fiN DIEGO COUliTY RECORDER’S OFFICE
CITY OF CARLSBAD 1
ANNETTE EU;N;; COUN;Y$ECORDEK RF: : 23.00
1200 Elm Avenue
1
AF: 13: 00
Carlsbad, California 92008 IIF: 1.00
Space above this line for Recorder's use
214-170-17, 21, 22 and
parcel No. 216-150-3, 5, 16
AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this iS+h day of &flb , 19a
by and between ODMARK & THELAN AND THE DA\j'IDSON COMPANIES PARTNERSHIP
(Name of Developer-Owner)
a California General.Partnership , hereinafter referred to as "Developer"
(Corporation, Partnership, etc.)
whose address is 3200 Fourth Avenue, Suite 101, San Diego, CA 92103
(Street) (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.
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 proposes a development project as follows:
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78 lot (minimum 7500 square feet) residential tentative tract map with 3 additional
common lots
on said Property, which development carries the proposed name of
Brmcato at Batiquitos Shores
and is hereinafter referred as "Development"; and
r547 WHEREAS, Developer filed on the +&IQ day of June , ~~89,
with the City a request for a tentative tract map, site development plan,
hillside develoment permit and zone chance.
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 3s
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.
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THEREFORE, in consideration of the recitals and the 1229 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 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
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 of 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 of 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.
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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 pub1 ic
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.
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 service sufficient to accommodate the needs
to the Development herein described.
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6. All obligations hereunder shall terminate in the event the Requests
made by Developers 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 attention of the City Manager, postage prepaid and certified.
7.2 If notice 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 s
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 agreement is executed in San Diego County, California
as bf the date first written above.
DEVELOPER-OWNER: ODMARK & THELAN AND
THE DAVIDSON COMPANIES PARTNERSHIP
CITY OF CARLSBAD,.a municipal corporation of the State of California
(name)
n". ODMARK 6 THELAN
General Partner
(Title)
ONTARIOVILLE HOLDING COMPANY,
Jo
By: I - MAm OREN- For City Manager
ATTEST:
R RazL
ALETHA L. RAUTENKRANZ, City Clerk\
APPROVED AS TO FORM,
By; %/tic--JQ W~8ENJ.HlRAT~ DEPUTYCITY AlTORNEy
VINCENT F. BIONDO, JR.
City Attorney
(Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.)
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1233
STATE OF CALIFORNIA ) ) ss: COUNTY OF SAN DIEGO )
On this z day of June, 1989, before me, 1/F/eL Y ,5, s5cwe~~r a Notary Public in and for said county and state, personally appeared John D. Thelan, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as President on behalf of Ontarioville Holding Company, the corporation therein named, and acknowledged to me that said corporation executed the within instrument pursuant to its bylaws or a resolution of its board of directors, said corporation being known to me to be one of the partners of Odmark & Thelan, a partnership; said partnership being known to me to be one of the partners of Odmark & Thelan and The Davidson Companies Partnership, the partnership that executed the within instrument and acknowledged to me that he executed the same as partner of the partnership first above named: that said partnership executed the same as a partner of Odmark & Thelan and The Davidson Companies Partnership and that said last named partnership executed the same.
WITNESS my hand and official seal.
OFFICIAL SEAL BEVERLY S. SCHNEIDER NOTARY PUBLlCCALlFORNU PRINCIPAL OFFICE IN SAN DIEGO COUNTV
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