Loading...
HomeMy WebLinkAboutCT 93-04; Monarch Communities of California Inc; 1999-0472378; Public Facilities Fee Agreement/Release. . . DOG # 1999-0472378 : “JUL 07, 1999 4:43 FPI RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: > 1 City Clerk CITY OF CARLSBAD ; 1200 Carlsbad Village Drive > Carlsbad. California 92008-1989 1999-0472378 e$his line for Recorder’s use .;L”‘::;:,::fi,f,;r&j&g i “,D i_ _Ili i )( ‘;?k‘--i’,, ,;;,;,.;r k&f ,L ?: g;;,;:$y~t;:~ i; L’S * Si / =. ,, ,:, ..~ti’- ‘i i :i >-;L:,;:,$),:-,: > *> = i,,_ a:; ?b W”‘= f.= ,, ;I~ .’ yc i”‘” yb 3. -i ,P “SF ;,, ;*“19’ “tg::?+3c,,,: (_ ii il)( 3F@ ,,; .,; 4: tigt -,:; $p#$p i = % .‘i -8” ?i: !:. Z i;l’i- ; “,i,&B,. ,I: il. I.,,i q* 6’s ‘Zi. F1’ FORINSIDE STRICT NO. 1 * ,: 2 .- 1 ,: ,( 2’ ,. ,,; THIS AG ), by and between (na&‘iy .:” .- ‘_,’ a (corporation, partne whose address is (stre referred to as “Developer” of the State of California, hereinafter referred to as “City”, whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008- 1989. 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: a Second dwelling unit on said Property, which 2075 Las Palmas Dr., Carfbad, CA 92009 (760) 438-1161 development carries the proposed name of Village Q-l, Ranch0 Carillo and is hereafter referred to as “Development”; and WHEREAS, Developer filed on the day of ,19-Y with the City a request for Second Dwelling: Unit Administrqtive Permit hereinafter referred to as “Request”; and WHEREAS, the Public Fa find that all public facilities n 1 Plan requires that the City Council e concurrent with need or such development shall not Clerk and is incorporated by this reference); and : ,” ‘, -, ” )I -. .- ;,i --p 7,: .; i : f 4. of:g?+j In WHEREAS, &$& $id &/ rti$i*e;e: f’co~ec&~; icy No. 17, dated July iii -u ‘0 )), :: 2, 1991, on file with CiG Clerk and incorporated by this reference, hd #&$# City’s public facilities ,. <‘ ,a, .‘ and services are at c ’ &‘B& T&I ‘mt be available to a&&mm0 tional need for public facilities and services re _ i -3 _ ties and services will be available to meet the proposed; but the Developer is aware that the City cannot and will not’&! ut financial assistance to pay for such services and facilities; and therefore, Developer proposes to help satisfy the General Plan as implemented by Council Policy No. 17 by payment of a public facilities fee. NOW, THEREFORE, in consideration of the recitals and the covenants contained herein, the parties agree as follows: 1. The Developer shall pay to the City a public facilities fee in an amount not to exceed 1.82% of the building permit valuation of the building or structures to be constructed in the Development pursuant to the Request. The fee shall be paid prior to the issuance of building or other construction permits for the development and shall be &ltTbP&iWi$ at that time. This fee shall be in addition 2075 Las Palmas Dr., Car Form Approved By City Council July 2,199 1 !f bad, CA 92009 (760) 438-1161 Form 17A Resolution No. 91-194 Rev. 01/l l/96 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 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 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 “entitl mobilehome sites underground or street im 0 which the develop $598 for each mobil to the issuance o .’ addition to any fees,. Carl&ad Munic ent, except in reference to permits for the construction of &,to the use or occupancy for ilities fee in the sum of _ ‘- b:.,,r fee shall be paid prior This fee shall be in 18, 20 or 21 of the cilities in lieu of all or part onate a site or sites ffer. 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. CITY OF CARLSBAD 2075 Las Palmas Dr., Car Form Approved By City Council July 2, 199 1 Resolution No. 91-194 $ bad, CA 92009 (760) 438-1161 Form 17A Rev. 01/I f/96 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. not approved. event the Request made by Developer is j;+:,“;--‘ I,-‘=;::;;i,‘j$& _ ,- 9: :,; ni,~ :b 7. Any notic& )_ ,( shall be dated and signed by the party giving such notice’& by a duly a i fw such notice : shall not be effective b an$p@pose Whatsoever k&,$s ‘served’i~~ one 7.1 L f8iotice is given to the City of person&d of to the City or by depositing same in t~-~~~~~~~~ il, addressed to the Cky ai thd forth herein, enclosed ’ _ 7. 3. ‘, : :. :p i 1 o ; ,I ‘i -,( in a sealed envelope, r, postage prepaid and certified. 7.2 thereof to Developer or by depositing the same in the United St Ied envelope, addressed to Developer at j 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. 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 cwmk%kti~%Ae 1 ot create a lien or security interest in the 2075 Las Palmas Dr., Carl bad,‘CA Form Approved By City Council July 2,199l 4 92009 (760) 438-1161 Form 17A Resolution No. 91- 194 Rev. 01/I l/96 Property. When the obligations of this agreement have been satisfied, City shall record a release. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CITY OF CARLSBAD 2075 Las Palmas Dr., Car Form Approved By City Council July 2, 1991 Resolution No. 91-194 Y bad, CA 92009 (760) 438-1161 Form 17A Rev. 01/l l/96 . 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 California Mondch dommunities of California, Inc. Rv: By: (sigxkre) \ R. Gordon Craig (print name) (title) By: (signature) ” (print name) / )_i )( (title) 93~2 -,/, I “; ; ;i3, ‘- :r (Notarial acknowledgment ~$&~~Wok if2 (President or vice president A&& officer signs, the corporation must a under corporate seal empowering that ojker id%%8%& sign for corporations. e secretary or assistal borporation). If only one rt secretary (If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument). CITY OF CARLSBAD 2075 Las Palmas Dr., Form Approved By City Council July 2, 199 1 Cartbad, CA 92009 (760) 438-1161 Resolution No. 9 l-l 94 Form 17A Rev. 01/l l/96 EXHIBIT “A” LEGAL DESCRIPTION Lot 21 of Carlsbad tract no. 93-04, Ranch0 Carillo Village Q, Phase I per map no. 13551, Recorded March 31, 1998 File No. 1998-0177218 9163 C’TY g CARLSBAD Form 17A Dr., Car sbad, CA 92009 (760) 43%ll$& Jane Mobaldi, Rev. o1,1 1,g6 . . w STATE OF CALIFORNIA COUNTY OF 916;3 Notq>ublic, personally appeared $(j personally known to me - or [ ] proved to me on the basis of satisfactory evidence to be the persodhose nameH is/& subscribe ed to me that he/+%+&key executed the same in hi his&&k&- signature& on the instrument the per erslowacted, executed the instrument. WITNESS my han& CITY y CARLSBAD as Dr., Car sbad, CA 92009 (760) 43%ll@, Jme Mobaldi, ,,,“~~, :z