HomeMy WebLinkAboutCT 90-04; Resolution Trust Corporation; 1993-0362973; Public Facilities Fee Agreement/Release* . RECCjRDlNG REQUESTED d\l AND i:C It 19?3-0362973
WHEN RECORDED MAIL TO: : * 1285 08-m-H--19?3 OS?=04 m
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Drive
Carlsbad, California 92006-5 9r.‘9
OFFICIAL RECORDS Sdfi DIEGO COUNTY RECORDER’S OFFICE ANNETTE EUANS 3 COLW RECORDER
;;; 9.00 FEES: 23. &i
!3.00 . ---- i -L&Q--.--- Sprpa r??‘o~*:: this !ins for Recorf!: “s use
Parcel Nos. 255-031.22 and 23
AGREEMENT BElWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FAClLlTlES FEE
FOR INSIDE THE BOUNDARIES OF COMMUNITY FAClLlTlES DISTRICT NO. 1
THIS AGREEMENT is entered into this 13th day of Mav 9 lwi
by and between Resolution Trust Corporation as Conservator of Great American Federal Savings
Association, a corporation, hereinafter referred to as “Developer” whose address is 6795
Flanders Drive, San Diego Ca 92121-2903 and the ClTY OF CARLSBAD, a municipal corporation
of the State of California, hereinafter referred to as “City”, whose address is 12O’l Carlsbad Village
Drive, Carlsbad, California., 92008-i 969.
WITNESSETH:
WHEREAS, Developer is the owner of the real property described cn Exhibit “A”, attachecr
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: 111 unit subdivision
on said Property, which development carries the proposed name of CT 90-04, Tierra Santa Fe
and is hereafter referred to as “Development”; and
WHEREAS, Developer filed on the 2”d day of April, 1993, with the City a request for rz,
WHEREAS, the Public Facilities Element of the City General Plan requires that the C$
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
l- Cf 5%-d T
. :I286 : and is incorporated by this reference); and
WHEREAS, Developer end 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 sre at capacity sti will not be available ?o z.ccoynmodate 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
financier assistance to 08” for such services a,ld facrl4ies; 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 1.83% 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 amoilnt not t ) e--eed 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 provlded In Chapter 21.47
of the Carlsbad Municipal Code. Condominium shall include oommunity apartment or stock
cooperative. The terms “other coilstruction permiis”, “other construction permit” and “entitlement
for use” as used in this agreement, except in reference to tentative sites or projects, shall not
refer to grading permits or other permits for the construction of underground or street
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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 tentative space to be constructed pursuant t3 the Request. The fee shall be paid prior
to the issuance of building or other construction perml’s 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. lf 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 af 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 r urs W? +o this qgreement in 8 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 enahle Developer
to comply with any requirements of other public agencies as evidence cf adequate public
facilities and services sufficient to accommodate the needs of the Development herein described.
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5288
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 lf notice is given tothe 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 lf notlce 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 shall 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. lf 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 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.
DEVELOPER-OWNER:
RESOLUTION TRUST CORPORATl-ON AS
. CONSERV,4lCR CF ..GREA? AME!?tC’??~
FEDERAL SAVINGS ASSOCIATION, A
FEDERAL MUTUAL SAVlNGS ASSOCIATION,
PURCHASER OF THIS ASSET FROM THE
RECEIVER FOR GREAT AMERICAN BANK,
A FEDERAL SAVINGS BANK, FORMERLY
KNOWN AS GREAT AMERICAN FIRST
SAVINGS BANK
BY !&zh-%L
(signature)
Km-r n- RIIYn (print name)
CITY OF CARLSBAD, a municipal
corporation of the State of California
Managing Agent
(title)
(signature)
(print name)
(title)
APPROVED AS TO FORM:
(Notarial acknowledgement of execlltion of DEVELOPER-OWNER must be attached.)
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ALL PURPOSE ACKNOWLEDGEMENT
State of California
County of San Dieqo 1
On May 13, 1993 before me, Kerstin Rumar
DATE NAME, TITLE Of= OFFICER, E.G. JANE DDE. NOTARY PUSLIC
personally appeared Kent D. Boyd
NAMEISI DF SIGNERISI
&ersonally known to me - OR - 0 proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and
acknowledged IO me that helstieirhey executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the personls)
acted, executed the instrument.
Witness my hand and official seal.
SIGNATCIFIE CIF NQT.AAW
CAPACITY CLAIMED BY
SIGNER
q INDIVIDUAL(S~
0 CORPORATE
OFFICER61 ,,TLElSl
0 PARTNER(S)
0 ATTORNEY-IN-FACT
0 TRUSTEE(S) q SUBSCRIBING WITNESS q GUARCiAN~CONSERVATCR
0 OTHER:
SIqNER IS REPRESENTING: NAM OF PERSON(Sl OR ENTITYtIES)
AlTENllON NOTARY: AJthoqh tb information reqwsted below h OPTIONAL it could prev
t
t fraudulent attrfunant of this mrtificata to uuuthorized document.
THIS CERTIFICATE Title or Type of Document
MUST BE ATTACHED Number of Pages
TO THE DOCUMENT Signer(s) Other Than Named Above
DESCRIBED AT RIGHT:
Date of Document
OFFICIAL ‘SEAL KERSTIN RUMAR
Notary Public-Culifornio SAN DIEGO COW? I
My Commission Expires February l&3, 1995 R
c. -2gr.
EXHIBIT “A”
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SlTUATED IN THE STATE OF CALIFORNIA, COUNTY OF
SAN DIEGO, AND DESCRIBED AS FOLLOWS:
PARCELS 3 AND 4 OF PARCEL MAP NO. 13970, IN THE ClTY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, SEPTEMBER 25, 1985 AS FILE NO 85-355261 OF OFFICIAL RECORDS.