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Home My WebLink AboutCT 94-01; Kaiza Poinsettia Corp. and Sea Bluff Associates; 1994-0422887; Public Facilities Fee Agreement/Release- L cttz~tvxm~htr- DC~ tCcrtzn cw AKIN I ,L.VYI IU‘, .U I ,L-YYL-.d 8 LU ” I ran .” 1 WHEN RECORDED MAIL TO: City Clerk ClTy OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, California 92008-l 989 i 1533 OFF: ICIfiL RECORDS ; SAN DIEtiD COI lNTY RECORDER’S OFFICE GREGORY SPIITH, COLMTY RECORDER ;:i 10.00 FEES: A$ f3-l _ 0 .s. 15.00 IlF: 1.00 -- Space above this line for Recorder’s use Parcel No. Z/I -2 7 -30 -32;~ AGREEMENT BE-IIVEEN DEVELOPER-OWNER AND THE CRY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FAX/TIES FEE FOR INSIDE THE BOUNDARIES OF COMMUNR-Y FAClLlTlES DISTRICT NO. 1 THIS AGREEMENT is entered into this 17 day of m&ti#k~/ 8 1 WY by and between Kaiza Poinsettia Corporation, a California Corporation and Sea Bluff Associates, a California General Partnership (name of developer-owner) aCorporation and a Partnership, hereinafter referred to as “Developer whose addrek (corporation, partnership, etc.) Sea Bluff Associates Kaiza Poinsettia Corporation 3 Upper Newport Plaza Drive is 7220 Avenida Encinas, Carlsbad, CA 92009 Newport Beach, CA 92660-2630 (street) (city, state, zip code) and the CITTY 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. 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: Tentative Map for Residential Development . on said Property, which development carries the proposed name of Poinsettia Shores Form Approved By city Council July 2,lQQl Reeo # Ql-lQ4/UH f ‘. ..* . ,,. . and ‘is hereafter referred to as “Development”; and 1534 WHEREAS, Developer filed on the /,7 day of BUM.& # 1 gz! with the City a request for Tentative Map, Hillside Development Permit and Coastal Development Permit 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 no? be approved (said eiement is on fiie with the City Clerk and is in.corporated 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 cf 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 covenantscontained herein, the parties agree ae follows: 1. The Developer shall pay to the Cii 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 based on the valuation at that time. This fee shall be in addition to any fees, dedications or improvements required pursuant Form Approwd By City Council July 2.1991 Reao # 9%194/KJH ‘! . .‘I . : , 1535 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 “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 construction of underground or street improvements unless no other permit is necessary prior to tne 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 Tiles-l-8,20 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 t:;e offer. The time for donation and amount of credit against the fee shall bs detcrm-i:inad 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 se&es, and’ the development will not be consistent with the General Plan and any approval or permit for the Form Approved By City Council July 2.1991 Reeo + Sl-19UUJH 3 ‘. s. . 1536 Development shall be void. No building or other construction permit or entitlement for use shalt 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. 8. 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 If 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 envelc-,e, 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 kited States Mail, enclosed in a seated 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 benefit of, and shall apply to, the respective successors and assigns of Developer and Cii, and references to Developer or City herein shall be deemed to be a reference to and include their respective Form Apprwod 6y City Council July 21991 Reeo # 91.194WH 4 . . - . . . ‘,‘, . . . 1537 successors and assigns without specific mention of such successors and assigns. lf 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- SyCHyCeuncilJuty2.1901 Raso # 9%19uwH 5 . 1538 IN WITNESS WHEREOF, this agreement is executed in San Diego Cqunty, California as of the date first written above. i DEVELOPER-OWNER: Kaiza Poinsettia Corporation, a California Corporation BY B n& / (signature) (3 nlnRck0 ‘ /q5A (print name) WY OF CARLSBAD, a municipal corporation of the State of California for City Manager (print name) Terry C. Hackett President (title) ATTEST: APPROVED AS TO FORM: RONALD R. BALL, Ci Attorney BY /Deputy City Attomer (Notarial acknowledgement of execution of DEVELOPER-OWNER must be attached.) Form AppM ByCityCoundJuly2.19Q1 R.m I @l-1wKJH 6 - .! . , * ,,,.I .i. . _ . 1 EXHIBIT “A” LEGAL DESCRIPTION 1539 MASTER TENTATIVE MAP PORTIONS OF LOTS 1, 2 AND 4 TOGETHER WITH PORTIONS OF THE STREET ADJOINING SAID LOTS, SHOWN AS AVENIDA ENCINAS, ALL AS SHOWN ON PARCEL MAP NO. 13653, RECORDED JANUARY 31, 1985 AS FILE NO. 85-033316 OF OFFICIAL RECORDS, TOGETHER WITH LOTS 80 AND PORTION OF LOT 79 AND TOGETHER WITH THE STREETS ADJOINING SAID LOTS, SHOWN AS AVENIDA ENCINAS AND WINDROSE CIRCLE, ALL AS SHOWN ON MAP NO. 11616, RECORDED SEPTEMBER 12, 1986 AS FILE NO. 86-402404 OF OFFICIAL RECORDS, ALL IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. . Form Approved By Ctty Counoil July 2,lSSl Row # 91.1SUUJH : 7 , ) 1540 ’ County of yw DiCC~ OnmE 14: 1 q%efore me, f-ff%frs f df? 5. d&d--k&%@-! ww$ DATE NAME, TITLE OF OFFICER - E.G., “JANE DOE, NOTARY PUBLIC personally appeared kbRr w / *! cN~,,,, oF S,GNER(S) A I * rsonally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(swhose name& is/a@ subscribed to the within instrument and ac- knowledged to me that l#?/she/tF@ executed the same in tH&her/thbr authorized capacity(i$Q, and that by f#/her/th ‘r ii% signature@on the instrument the person or the entity upon behalf of which the person&acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT THE DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES DATE OF DOCUMENT Though the data requested here is not required by law. it could prevent fraudulent reattachment of this form. SIGNER(S) OTHER THAN NAMED ABOVE - OPTIONAL SECTION - CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. 0 INDIVIDUAL PORATE OFFICER TITLE(S) 0 PARTNER(S) 0 LIMITED 0 GENERAL 0 ATTORNEY-IN-FACT q TRUSTEE(S) 0 GUARDIAN/CONSERVATOR q OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) I44 n/4 PO/d IfTz7nfi CA,Wc,~~lfl ti State of County of s& > On personally appeared r q personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed Ofm2AL SEAL MARJORIE A. MC M&IAN Kotafy Pubk-ColwonJa ORANGE COWJW !& I the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. ( SlGNAfURE OF NOTARY CAPACITY CLAIMED BY SIGNEF 0 INDIVIDUAL(S) J4 CORPORATE OFFICER(S) f?fgs /b a T TITLE(S) jJ PARTNER(S) 0 ATTORNEY-IN-FACT 0 TRUSTEE(S) 0 SUBSCRIBING WITNESS q GUARDIAN/CONSERVATOR 0 OTHER: SIGNER IS REPRESENTING: VAME OF PERSON(S) OR ENTITY(lES) k4wl&T~~A&GNM1/r ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document UC iG%s-mEj mz l6?iz&ttw Number of Pages 8 Dateof Document ~,&jUk@'/~,/9'?4 Signer(s) Other Than Named Above NOR ( I! 0 ,%/& ~,nn.rlrs,n.,r,.,nsr-rr.rln^.rs.^.. ----- -- - -.-- -