HomeMy WebLinkAboutCT 91-04; Sudberry Properties Inc and Robertson, Virginia; 1991-0211788; Public Facilities Fee Agreement/ReleaseRECORDING REQUESTED BY AND ,- ,. ; 7-Y s *; i 5. a!” *- E_ _ -e “5 ‘3, _. WHEN RECORDED MAIL TO: I . i<r ;’ _ .T ! ,‘, i’ - ; ‘-, ‘+ -r i -. i : $ : j “*_ i r -- !;; ;; : _..‘. .i
CITY OF CARLSBAD
1200 Elm Avenue
Carl&ad, California 92008
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Space above this line for Recorder’s use
Parcel No. Portion 208-010-37
AGREEMENT BETWEEN OWNER, DEVELOPER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into lis IT day of LMarr L #
19 9 / by and between SUDBERRY PROPERTIES, INC.
(Name of Developer)
a California Corporation , hereinafter referred to as
(Corporation, partnership, etc. )
“Developer” whose address is 4350 La Jolla Village Drive Ste. 210
(Street)
San Diego, CA. 92122-1244
(City, State, Zip Code)
and Virginia K. Robertson and Virginia K. Robertson, Trustee
(Name of Legal Owner)
a Individual/Trust , hereinafter referred to as (Individual, Corporation, etc.)
“Owner” whose address is 4656 El Camino Real
(Street)
Carlsbad, CA. 92008
(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.
REV 7-28-87
& . 3 L4 595
RECITALS
WHEREAS, Owner is the owner of the real property described on
Exhibit “A”; attached to and made a part
referred to as “Property” ; and
WHEREAS, The Property lies within
WHEREAS, Developer has con tracted
Property and proposes a development project as
Neighborhood Community Shopping Center
of this agreement, hereinafter
the boundaries of City; and
with Owner to &&%e the
follows :
on said Property, which development carries the proposed name of
Tamarack Village
and is hereinafter referred to as “Development”; and
WHEREAS, Developer filed on the 15 day of tiactih #
19 9, , with the City a request for it (~a) , .
xentative Tract MaDlCT). Non-Residential Planned Develooment fPD1,
IMSI. Site nevwent Plan(SDP), Conditional Use Permit(CUP) and Hillside Development Permit hereinafter referred to as “Request”; and (HDP)
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
REV 7-28-87
596
WHEREAS, Developer and Owner have 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 and Owner are
aware that the City cannot and wil1 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 Carisbad 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
597
Developer and Owner shall pay the City a public fadiiities 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
Carisbad Municipal Code.
2. The Developer and Owner may offer to donate a site or sites for
public facilities in lieu of ail 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
I ,. 3 ’ 598
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
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 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, ail 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
- 599
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:
Virginia K. Robertson
DEVELOPER:
SITllRl?RRY PR~Pl?R’l-‘TF!S - TNF .
J .4
t
ATTEST :
.
CITY OF CARLSBAD, a municipal
corporation of the
. Lll2zLda, ALETHA L. RAUTENKRANZ, City Clerk
For City Manage
APPROVED AS TO FORM:
VINCENT F. BIONDO, JR.,
City Attorney
By;
( KAREN J. HIRAM
DEPUTY CITY ATTORNEY
(Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached. )
.
-6- "*'
’ REV 7-28-87
EXHIBIT “A”
LEGAL DESCRIPTION
600
STATE OF CALIFORNIA
San Diego I ss.
‘COUNTY OF
On March 13, 1991 before me, the undersigned, a Notary Public in and for said State, personally appeared Virginia K. Robe&on (Trustee)
personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is
subscribed to the within Instrument and acknowledged that she executed the same.
Yzlphoq
(Notary Public’s Signature)
State of California ) ) ss. County of San Diego )
On this /sulc date of L/p%b/f~ 19 5+ before me, a Notary Public in and for said State, personally GLared Thomas w. Sudberry, Jr., personally known to me to be the person who executed the within instrument as President, on behalf of Sudberry Properties, Inc., the corporation therein named, and acknowledged to me that such a corporation executed the within instrument pursuant to its bylaws or a resolution of its Board of Directors.
Witness my hand and official seal.
OFFICIAL SEAL DIANNA C. ADAIR B Notary PuMic-Callfomia SAN DIEGO COUNTY
MY Comm. Exp. Julv 31.1992