HomeMy WebLinkAboutCT 89-19; Odmark & Thelan & The Davidson Companies; 1991-0491977; Public Facilities Fee Agreement/Release+
h sus&#G~mDBYmD~ ) @I&I4 RECORDED tiIL TO: 1 .f :* .:,.
CI'TY OF CARGSBAD 'I *@@@ -E&# &v-u& 1. _ - ... . Carlsbad, California 92008
.720. c I# ~991~0491977
24-SW-1991 02=54 PM
DFFTCIGIL RECORDS SM OIEGO C!MW HECflR8ER;S OFF’ICE AHHETTE E~~~~ ~~~~~~E~~~~~E~ IIf: !t. : 2P*OO
4F: 17: 00 BF: 1.00
i ., c ‘%._>. ,. ., . ..I, _I Space &me this line for R&order's use I a Documentary tra&fer tax:
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-I 19 q/, by and bktween o&ark t The&an and the Davidson
Co@gm&~.P&rtner&ipa caLffolrraiaGe~ral:PPt~~~~hiP, hereinafter
p6?e@wxpd. ta as v.mrelopeir" whuse @dress is 3200 Fourth Avenue,
4mm@ .:M?g., $a% " 3a&!4#@, CA 92103 and the OXTY OF CARLSEAD, a
pmd&mf. mzpuxatiun of- the State of- 4Z&llfmz&a, hereinafter
m$*tmyp,d ta a@ V&@ft whmm address. &ep 12QQ Eflil Avenue, Carlsbad,
$&9QQW, :, '. 'I . . : . .- - *M&W ___._.^ a.... . . ...".l ..__ _-. --:. -- - -' .-- ._.__ I. ,.., . - _
WITH@H?ETH~
: -A$;, .Dem&epe.g ie j the uwmm .,of the xnal’ proacgrty deswiihd
4a21 E#hib$i: ,A " #t; @W&ahed heretumd imade Q pa& of4his agreeme& Q . . . r .- I._ _ . _ bM@&*e g*&rg& ~,&p .ae .. Y~~yll; -sad
m, t;he k?Mpdr%y li@& %&thin the brxmdaz'ies of City& and
WWWBS, lBW&w+eE pr~puses a demxlqmmt pro$ect 8s fohlowm " .
"%I 8Pt (B%nim ?5bQ smre fee) re$$ideMial tentative tract map
with three additional common lots on said Property, which
development carries the proposed name of Brocatto at Batiguitos
Shores and is hereinafter referred as VVDevelopmentll; and
WHEREAS, Developer filed on the 15th day of June, 1989, with
the City a request for a tentative tract map, site development
plan, hillside development permit and zone change hereinafter
referred to as lUReguestll; 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
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
REV 11/90 2
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722
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 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 permit11 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
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7’2%
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.
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
REV 11/90 4
h 726-
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.
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 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
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- .721”
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
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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.
DEVELOPER-OWNER: CITY OF CARLSBAD, a municipal corporation of the State of Odmark & Thelan and the California Davidson Companies Partnership A California General Partnership
By: Odmark & Thelan/Batiguitos Ltd. By: a California Limited Partnership
By:
for Cit w nag&
John D. Thelan. President (print name here) ATTEST:
By: (sign here)
(print name here)
By; Davidson Coscan Partners
ALETHA L. " F;AuTENERANz, \ City Clerk
By: The Davidson Company, APPROVED AS TO FORM: A California Corporation General Partner
-46 ~++--+ IL4 D. C.# J ,
(sign here) VINCENT F. BIONDO, JR. City Attorney eorcre W. Walker II. Vice President
Stenhen H. Dawe. C.F.O. (print name here)
(Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.)
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727
STATE OF CALIFORNIA )
1 58. COUNTY OF SAN DIEGO )
On before me, the undersigned, a Notary Public in and for said S sonally appeared JOHN D. THELAN personally known to me to be the executed the within instrument as the President of ONTARIOVILLE HOLDING COMPANY, the corporation that executed the within instrument on behalf of ODMARX & THELAN, THE PARTNERSHIP THAT EXECUTED THE WITHIN INSTRUMENT ON BEHALF OF ODMARX & THELAN/BATIQUITOS LTD., AND acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same.
r . . .
- . STATE OF cALrFol?N-&A) ) ss.
Ck OF SAN DIEGO)
728
on , beforeme, CA!CHYL. SAMUELS aNotary
Public ti aA for Said State, personally appeared George W. Walker
11, Vice President Forward Pl anning and Stephen H. Dawe, Chief Financial Officer of The Davidson Company, the corporation that executed the within instrument and known to me to be the persons who executedthewithin instrumen t on behalf of said corporation, said corporation being Jmown to me to be om-of the partners of Davidson Coscan Partners, the partnership that mtedthewithin instrmnent, and acknowledged to me that such corporation.executed the same as such partner and that such partnership executed the Sm.
WITNESS my hand and official seal.
Signature &&f&f d&
// Cathy\. Samuel6