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HomeMy WebLinkAboutCT 91-01; Galey & Kemmerly Homes; 1991-0390278; Public Facilities Fee Agreement/Release- R%ORDING REQUESTED BY AND , i h . 1 o WHEN RECORDED MAIL TO: CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, California 92008 Parcel No. r55-274-24 ; es-271-30 AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PU,BIJC FACILITIES FEE THIS AGREEMENT is entered into lis r4@ day of &bfuwq , 4 19 7 I by and between d&q .?nr( K i m lbd~ t-L&~ - (N&me of Developer) a , hereinafter referred to as (Corparation, partnership, efi. ) tlDevelopert’ whose address is 1720 Et Cgmcne &cl, sea-k ZM (Street) err Is bed) @a. 4 3Lmq (City, State, Zip Code) and ,L _ ,fL)vrc~c (~4 Ja.re+~< fwflcy ; AhA R~cLq~ %(A +d %fLrA5h& our5 (Name of L&gal Owner) - a -I:I\dwAu&” - , hereinafter referred to as (Individual, Corporation, etc. I tlOwnern whose address is I455 ChC,hLC DflNe , VI&L; is. (Street) 4aac .- (City, State, Zip Code) AND ’ ’ the CITY OF CARLSBAD, a municipal kporgtiori of the State of California, hereinafter referred to as “City”, whose address is 1200 Elm Avenue, Carlsbad, California, 92008. C-r- 41-j c? - qr -2 REV 7-28-87 SPf - 41-2 -- -- 1123 RECITALS 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 BUPropertylB; 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: 8 0bv-k C d 0- t wrnrukn k-bow A5 L L4 QhC ~LIIGA e on said Property, which development carries the proposed name of CcqunL II 1640 a and is hereinafter referred to as l’Development”; and WHEREAS, Developer filed on the 15 % day of F&f UAJC) , .l 19 41 , with the City a request for -cIVC 7-r&L Plt~nqc~ &ue/4?mfh-f ?eryy~;t, J ’ I CbkAt m de/u m ?hw(, ’ 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 jT. CA -- 1124 , * . WHEREAS, Developer and Owner have asked the City to find that public facilities and services will ba 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 -- -- 1125 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 -- -- 1126 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 authorired 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 . . - a. . . - I ‘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. OWNER: DEVELOPER: &WCs . CITY OF CARLSBAD, a municipal APPROVED AS TO FORM: ’ KAREN J. HIRATA DEPUTY CITY AlTORNEY VINCENT F. BIONDO, JR., City Attorney . (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached. ) -6- REV 7-28-87 -- , . -- 1128 PARTNERSHIP ACKNOWLEGEMENT STATE OF CALIFORNIA > Is' . COUNTY OF SAN 01~:c;O ) On this \ LQ' day of undersigned Notary P~all:g'appe~Z2re BZ,3~% DEVELOPMENT GROUP, A CALIFORNIA CORPORATION, GENERAL PARTNER BY:MICHAEL H. GALEY, PRESIDENT and BY:THE KEMMERLY COMPANY, AN ILLINOIS CORPORATION, GENERAL PARTNER BY: CHRISTOPHER KEMMERLY, PRESIDENT, Partners of GALEY AND KEMMERLY HOMES A GENERAL PARTNERSHIP and personally known to me or proved to me on the basis of satisfactory evidence to be a partner of thr pai-tllership that executed this instrument and on oath stated that he or she is authorized to execute this instrument on behalf of I: he partnership. Subscribed and sworn before me on , 1991. n,,,au. \ \'* I OFWSl HAL AND FOR SAID $&h~JLW#‘$jF& av4DlEGoawNlv I WCanrrisslonExpNW13.l982 My commission expires before me, the under , known to me to be the person&whose name&a-.---- within instrument and acknowledged that the same. FOR NOTARY SEAL OR STAMP I OFFlilACil - --A KRIS A. KElRIENS NolAW P&?XlC- 5.4’3 BW4 cw?m nv CcFp1I~~ w. mCT li1.1wz -b--e-- COUNTY OF signed, a Notary Public in and for said County and State, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person TV whose name subscribed to the within instrument and acknowledged that the same. WITNESS my hand and off.icial seal. SD-38 \ nclnct k l-oax3? Name (Typed or Printed) FOR NOTARY SEAL OR STAMP SAN DIECi ‘XUNiY My l2xmmwm Exp. Nor: 13, 1982 Undividual) STATE OF CALIFORNIA SL ~73-7ct‘l COUNTY OF onrzs,r 0 m r+lf II, &I ss. ,I ~I- rr.n . - bcforcme, -95 b%i Tud- Ma km-w Q &I a Notary Public in and for ~id State, /A- .A 5A.l bp . , known to me) (or proved to me on the basis of within instrument and acknowledged that executed the same. Form 3213fCA 12-82) 1130 -- EXHIBIT “A” LEGAL DESCRIPTION ‘ c . . ’ * * PARCEL 1: ALL OF LOTS 1 THROUGH 6 INCLUSIVE, IN BLOCK 8 OF SUNNY SLOPE TRACT, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, s'l~.'\'i'l~; OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 486, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 2, i :’ 3 8 . TOGETHER WITH THE EASTERLY HALF OF REECE AVENUE, LYING BETWEEN THE WESTERLY PROLONGATION OF THE SOUTH LINE OF LOT 7 IN SAID BLOCK 8 AND THE WESTERLY PROLONGATION OF THE SOUTH LINE OF LOT 1 IN SAID BLOCK 8 AS VACATED AND CLOSED TO PUBLIC USE. EXCEPTING THEREFROM THE EASTERLY 58.50 FEET. ALSO EXCEPTING FROM SAID LOT 1 THAT PORTION CONVEYED TO THE (:l“l?Y OF CARLSBAD BY DEED RECORDED MAY 28, 1967 AS FILE NO. 72879, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT 1; THENCE WESTERLY ALONG THE SOUTHERLY LINE OF SAID EASTERLY HALF OF REEt:E AVENUE VACATED, 30.00 FEET; THENCE NORTH O"05' EAST, 2.03 FEET;. THENCE SOUTH 89O57' EAST, 71.50 FEET; THENCE SOUTH O"05 ' ;,,! i+::jT 2.33 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID LOT 1; THENCE WESTERLY ON THE SOUTHERLY LINE OF SAID LOT 1 TO THE PC'Iiu't' 0F BEGINNING. PARCEL 2: THE EASTERLY 58 l/2 FEET OF LOTS 1 TO 6 INCLUSIVE IN BLOCK 8 OF SUNNY SLOPE TRACT OF CARLSBAD, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 486, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO . I? ! ,yyy , FEBRUARY 2, 1888. ALSO THE WEST HALF OF THE ALLEY ADJOINING LOTS 1 TO 6 INCLUSIVE IN BLOCK 8, AS SAME WERE CLOSED TO PUBLIC USE, JULY 26, 1943. EXCEPTING FROM SAID LOT 1 AND FROM SAID PORTION OF THE WEST HALF OF THE ALLEY ADJOINING SAID LOT 1, THAT PORTION DESCRIBEI! RS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 1; THENCE WESTERLY ALONG THE SOUTHERLY LINE OF SAID LOT 1, A DISTANCt{ OF 58.50 FEET; THENCE NORTH O"05' EAST 2.33 FEET; THENCE SOUTH 89O 57' EAST 66.00 FEET; THENCE SOUTH O"05' WEST 2.60 FEET TC, : i;IIv'r ON THE SOUTHERLY LINE OF SAID WEST HALF OF THE ALLEY ADJOINING, VACATED; THENCE WESTERLY ALONG SAID SOUTHERLY LINE OF SAI'D VACATED ALLEY TO THE POINT OF BEGINNING.