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HomeMy WebLinkAboutCT 93-04; Monarch Communities of California Inc; 1999-0472379; Public Facilities Fee Agreement/Release\~l~lIWnlYYYI\l~~RIRAAlllIWMYY 1999-04~2379 W DIE60 MIIMY REURDER’s ofmx RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: 9MS > ) City Clerk CITY OF CARLSBAD ; 1200 Carlsbad Village Drive this line for Recorder’s use ,I i 1) ,l& ,, ‘8 ‘;, . -3, -,’ ‘2 : I _ .(( ,,; _ “1 ,i 1, -‘i ,_ j, .,-IL ; R FOR INSIDE ?XE BOL@&ARIES OF C&&&NITY FA&L!TI#% OKI’RICT NO. 1 i pm&;, pia-591-07 V” THIS AGREBl#ENT &entered into this $&! 0’ day of , kprff: ,1999, by and between (name ~~~~~~~~er~~~er~ Monarch Corsnnanitiq of Cafifornia, Inc. a (corporation, partnership;’ @&..i &&~~ation referred to as “Developer” whose address is (street, city, stafe, B$. jr ,“15”4$;s .& bBG c 180. : :;.- (-. Laguna Niguel, CA 92667 ~-’ ” :I,, ‘I~~~-~~~~ CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as “City”, whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008-1989. WITNESSETH: WHEREAS, Developer is the owner of the real property described on Exhibit “A”, attached hereto and made a part of this agreement, hereinafter referred to as “Property”; and WHEREAS, the Property lies within the boundaries of City; and WHEREAS, Developer proposed a development project as follows: a Second dwe11ing unit n on said Property, which 2075 Las Palmas Dr., Car-bad, CA 92009 (760) 438-1161 Form Approved By City Council July 2, 199 1 Form 17A Resolution No. 91-194 Rev. 01/l l/96 &t/,0+ . 9166 development carries the proposed name of Village Q-l, Rancho Carillo and is hereafter referred to as “Development”; and WHEREAS, Developer filed on the day of 3 19-Y with the City a request for Second Dwelling Unit Administrative Permit hereinafter referred to as “Request”; and WHEREAS, the Public Facilities E: I+@neral Plan requires that the City Council , ,: -,- : ‘. ,- find that all public facilities IU@&& to &&&a ;-- i ‘, ,1 . l&p&t v&& mailable concurrent with need or z such development shall not be&pproved @&&& ,, -h xs oh BIe &i& t&36@ Clerk and is incorporated ,: _ by this reference); and , ‘: ,( ‘( WHEREAS, &$efop& &d City recognize the c&rectness of ‘floun&&ic y No. 17, dated July 2, 199 1, on file with ti City Clerk and incorporated by this reference, &$d that I$& City’s public facilities and services are at cap +I WiU not be available to acc6mmodati tie facilities and services r&&g &em the proposed Devek@ment; and tional need for public WHEREAS, Dev r l&s’ a&l&d the City to find t&t public $&ifities and services will be ,’ -’ available to meet the future ne& aftie- tietee ,_ ; i 3, -‘i.- @t-as if’is’pferj~~~‘~proposed; but the Developer is ‘, ,’ 0 ,j -3 ii i ; / aware that the City cannot and will not’~~~-~~~~~~~~~~~ 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 1.82% 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&m &,.&&~ at that time. This fee shall be in addition 2075 Las Palmas Dr., CarJsbad; CA 92009 (760) 438-1161 Forrn Approved By City Council July 2, 1991 Form 17A Resolution No. 91-194 Rev. 01/l l/96 * _ 9167 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 “entitlememjL t, except in reference to mobilehome sites or pr permits for the construction of underground or street im to the use or occupancy for which the developmen+ ilities fee in the sum of $598 for each mobil fee shall be paid prior to the issuance of b&ding OT other construction permits for tht: de$&@&$$ This fee shall be in i 1 .-b ;, i ..“, addition to any fees: tims or :$mprovements r&quire& acco$d& I ~~~~~~~~~ 18, 20 or 21 of the 3. ‘_ ,~ -.’ .- Carlsbad Municipal Co& 1 -)’ Ve 1 )” 2. es in lieu of all or part of the financial offers to donate a site or sites for public facilities, the City shall con to accept the offer. The time for ‘. ?. i 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 Form Approved By City 2075 Las Palmas Dr., Car Council July 2, 1991 9 bad, CA 92009 (760) 438-1161 Form 17A Resolution No. 9 l-l 94 Rev. 01/l l/96 9163 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. lil 6. All obligations here event the Request made by Developer is not approved. d shall be dated and signed party. Any such notice of to the City or by in a sealed envelope, certified. %atas ‘M-ail, addressed to the C&y at the’ forth herein, enclosed :, the ‘City for z&e&ion of’ the,. i’ _() I’ t, :I ;;:.. &to er, postage prepaid and 7.2 ry thereof to Developer or by depositing the same in pe, 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 diW*dCh~t~At3°t create a lien or security interest in the Form Approved By City 2075 Las Palmas Dr., Carl CA 92009 Council July 2, 199 bad, 1 4 Resolution No. 91-194 (760) 438-1161 Form 17A Rev. 01/l 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 CA 92009 438-1161 Form Approved By City Council July 2, 199 1 Y bad, (760) Resolution No. 91-194 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 ommunities of California, Inc. BY: db[ D&eloper) MARTIN ORENY By: (signak.Ge) izx=r( i<;,;6:l:&T-J’EST: ‘r.,:;,.-s’,L,~rri-~;..j~~ ,_,,, d d_ R. Gordon Craig (print name) Vice-president/&n (title) By: 3mey ,( 1L :,,, ,( ,J (signature) (print name) (title) (Notarial acknowledgment o~@&utiob’~$~’ (President or vice president A.& Tli ust sign for corporations. If only one officer signs, the corporation m the secretary or assistant secretary under corporate seal empowering that ofjcer’to’b%d&e corporation). (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., Carlgbad, CA 92009 (760) 438-1161 Form Approved By City Council July 2, 199 1 ResolutionNo. 91-194 Form 17A Rev. 01/11/96 EXHIBIT “A” LEGAL DESCRIPTION Lot 33 of Carlsbad Tract No. 93-04, Ranch0 Carillo Village Q, Phase I, per Map No. 13551, Recorded March 31, 1998. File No. 1998-0177218 (760) 43%llf& Form 17A r Jane Mobaldi, Rev. 01/l l/96 STATE OF CALJFORNIA On &$2?4- ~.Xf@?- bef7 Notary Public, personally appeared l , PQ personally known to me - or [ ] proved to me on the basis of satisfactory evidence to be the person@%hse namej@jislfi subscribed to the wit&g~~ .acknowledged to me that he/m executed the same in his $at by hislh&t4& signature@ on the instrument the per personW%ted, executed ~+u;wo;v,“,‘;‘;,;;,y~y@$& 2# y 1 ‘IT’ Of CARLSBAD s a mas Dr., Car sbad,‘CA 92009 (760) 43%llfp Form 17A er Jane Mobaidi, Rev. 01/l 1196