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Home My WebLink AboutCT 92-02A; Sambi Seaside Heights LLC; 1996-0030261; Public Facilities Fee Agreement/Release\ RECORDING REQUESTED tiV AND ) I , - ,’ WHEN RECORDED MAIL TO: ) ‘I @‘-Xi # 1~~6-0030261 22-JAH-1996 II:52 An .City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, California 92008-l 989 CfFICIAl RECOROS 1 SAN DIEGO CDU#TY RECORDER’S OFFICE 6’72 GREGORY “;;T$ &~~~~~E~E&~RDER RF; : 28.00 1 bFF: 5: 00 IlF: 1.00 Space above this line for Recorder’s use Parcel No. 214-140-07 C-tQx% (a AGREEMENT BEfWEEN DEVELOPER-OWNER AND THE Cl-f-V OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FAClLlTlES FEE R INSIDE THE BOUNDARIES OF COMMUNllY FAClLlTlES DISTRICT NO. 1 THIS AGREEMENT is entered into this 28 day of e , la5 by and between ets. T.-T. c (name of developer-owner) a Limited Liability Corporatioq hereinafter referred to as “Developer” whose ‘address (corporation, partnership, etc.) is 8641 Firestone Blvd. y, Downe (street) (city, state, zip code) and the ClTY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as “City”, whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008- 1989. L 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 proposed a development project as follows: Revi si nn tn an approved residential project to modify design and reduce intensitv from 349 to 312 units on said Property, which development carries the proposed name of sarnbi Seaside Heights, Form Approved Sy Cily Council July 2,1991 Rem # Ql-194/KJH cf‘ ep-rf+ -HOP 72-? h .L h Q3D 92-3h. cno PT-L. A . . . and is hereafter referred to ds “Development”; and -? J3 . , WHEREAS, Developer;fBed on the 28th day of November I19221 kth the City a request for Tentative subdivision map amendment, planned development permit amendment, site development plan amendment and hillside per&t amendment: on 68 total acres 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 2, 1991, 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. 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 1.8296 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 Form Approved By City Council July 2,1991 Flew # Ql-1WKJH : --CT4 L 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 1.8296 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 mobilehome sites or projects, shall not refer to grading permits or other permits for the conitruction of underground or street 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 mobilehome 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 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 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. ff 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 Form Apprwed By City Council July 21991 ROW # Ql-1WKJH . ? 675 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 services sufficient to accommodate the needs of the Development herein described. 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 to the 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 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 many have been designated, postage prepaid and certified. 8. This agreement shall be binding upon .and shall inure to the benefft 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 Form Apprwed By city Council Juty 2,lQQl Reso # Ql-1WKJH 4 . , ’ 676 *. successors and assigns without specific menti,on 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 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. Form Approved Sy City Council Juby 2,1991 Reso # Ql-194/KJH 5 . 677 IN WlTNESS WHEREOF, this agreement is executed in San Diego County, California as .of the date first written above. DEVELOPER-OWNER: ClTY OF CARLSBAD, a municipal corporation of the State of California ,MARTIN OREhVAK for City Manager rauer aF S&i Sa$dp, WI3 He3 y-i-is, /_/CL BY (signature) (print name) (title) ATTEST: APPROVED AS TO FORM: RONALD R. BALL, City Attorney BY (Notarial acknowledgement of execution of DEVELOPER-OWNER must be attached.) Form Apprwed By City Council July 2, WQl Reso # $1.194/KJH . 678 That certain Diego, State real property located in the County of San of California, described as follows: I)IE N0RTHRAL.F OFAE’ARCEZOF LAND DESCRIBED AS F'OLLOWS: TEEsomliNALFoFTEEs -T Q-m - = SOOTE SIXTY ACRES OF THE NORTE BALF OF THZ SOOTHEAST QUART&R OF SECTION mEmY-ONE, TOWNSEIP TwBLrs ~SYJTR, RANGE FOUR WEST, SAN B -INO MERIDWJ, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO m OFFXcIAt PLAT -OF, APPROVXD OCTOBER =I, 1875, EXCEPTING THAT PORTION DBSCRXBED AB FOLLOWS: BEGINNING AT A ROXNT 40 RODS WEST OF TXE SO- CORNEROF SAID SECTION TWENTY-ONE, TOWNSHIP TWELVE SO-, IZANGE FOUR WEST, RLWNING TEENCE EAST 40 RODS TO TX? SO- T CORNER -OF; TRRCE NORTE 20 RODS TO A POINT; TBENCE WEST PARALLE LWITRTHE SODTHLINBOF Snm SE-ION, 18 RODS TOAPOI-NT; TBR?CS INADIRECT SOQTBWBST LINE 29 RODS To ROINT OF BEGWING. ALSOEXCEPTING TEEREFROMTBRTW~I~TBE.REOF, IBANY, IXINCWIT?XWTEE BOVNDARIES OF 'TXE SUXCBO AGUAHEDXONDAAS SROUNONMIS -0US MAP NO. 29 FILED IN TXE OFFICE OF Tgg WtMn RSCORDER OF SXD SAN DIEGO COUNTY ON JUNE 21, 1920. I ;; . - 679 State bt p&I&&w&- ,, ?i county of Al- /4?da&f 1 I CAPAmY aAIMED BY SIGNER $ On /F ZCF 9s beton me. LJW&~></ /~~ti&6b cuY.mu!oroctcct* rG..JMooEmotM-- 9 OAX f 0 CoRPmATE i , omcEA(S) ntlalsb personally appeared J&2zJv d/ l <&+&p# / w*uIO w ¶riHL*cs~ 9 oved to me on the basis of satisfactofy eddanab to be the perso@@ whose namef8) isWe subscribed to the within instrument and a~- knowbdged to me that WshMhep~xocutod the same in his/twWM authoritad capacity-O. and that by his/hWtbM signature@qJ on the instrument the Innorrw, oftheentilyuponbeWfofwhichtha~ acted, executedllq insttufnent.~ Wiihand&ofWal,d-d. / 0 -mNER(S) 0 ATTORNEY-IN-FACT a msms) 0 SuEscRle~ WITNESS a OUAAMANICoNsERvAToR 0 OTHER: 8mER I8 REPRESENTING: : wu 0 muows~ an cwnvfw~ I , THIS CERTIFICATE TiiofTypoofDoa MUST SE AlTACHED NumberofP-- &-A?, Ix/en / m-a- TO THE DOCUMENT OESCRISEO AT RIGHT: siinef(s) OtJlw Than mned Above (I/lNY -