HomeMy WebLinkAboutCT 94-02; Higman, D. & J. and Lucas & Mercier Dev. Inc; 1994-0107634; Public Facilities Fee Agreement/Release: .
. RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO: ~ ,
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Drive
Carlsbad, California 92008-i 989
D, #I 1994-0107634 l&r-FEB-1994 02=42 FTl
OFFICIAL RECORDS I’ DIEGO COUNTY RECORDER’S OFFICE AHHETTE E’JAMS , COUNTY F:ECORDER RF: 12.00 FEES: ~. IF: 19.00 IIF: 1.00
Space above this line for Recorder’s use
Parcel No. &? 06 - 0 4 / - 13 PI_
AGREEMENT BETWEEN OWNER, DEVELOPER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
FOR OUTSIDE THE BOUNDARIES OF COMMUNiTY FAClLlTlES DISTRICT NO. 1
THIS AGREEMENT is entered into this 24thday of January
by and between Lucas & Mercier Development, Inc.
Iws
32.00
(name of developer)
a Corporation t hereinafter referred to as “Developer” whose address
(corporation, partnership, etc.)
is 29712 Avenida de las Banderas Ranch0 Santa Marqarita, CA 92688
(street) (city, state, zip code)
and Daniel G. and Jerome M. Hicrman
(name of legal owner)
a individuals , hereinafter referred to as “Owner”, whose address
(individual, corporation, etc.)
is P.O. Box 545 Rosemead, CA 91770
(street) (city, state, zip code)
AND
the CRY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred
to as “City”, whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92098-l 989.
1
Fom Approved By City Council July 2, 1991 Reso # 91-194/KJH
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* REClTALS ,
WHEREAS, Owner 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 has contracted with Owner to purchase the property and proposes
a development project as follows: a six (6) unit single family detached
on
said Property, which development carries the proposed name of Paci f ir Points
and is hereafter referred to as “DevelopmenY; and
WHEREAS, Developer filed on the 24th day of January
with the City a request for tenative map and development map
,19%
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 Cii 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 resutting from the proposed Development: and
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 lt is presently
Fom~ Appnmd By City Council July 21991 Reso # 91-194m 2
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 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 covenants 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 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 the use or occupancy for which the development is intended. Developer and Owner shall pay
the City a public facilities fee in the sum of $1 ,150 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 18, 20 or 21 of the Carlsbad Municipal Code.
Form Appfo~ By City Council July 2, 1991 Reso # Pl-194AuH . 3
2. The Developer and Owner 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
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.
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. AH 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
Form Approved By City Cod July 2 1991 Rcso # 91-194KJH 4
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 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 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, Owner and City, and references
to Developer, Owner 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.
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.
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Form rrpPd By City Council July 2.1991 Rex0 t 91-194mJH 5
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EXHIBIT “A’
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
LOT THREE (3) IN BLOCK "U" OF PALISADES NO. 2, IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1803, FILED
IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY;AUGUST 25,
1924.
By City-k July 2,199l Reso # 91-194AuH 7 . .
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IN WITNESS WHEREOF, this agreement is executed in San Diego County, California
as of the date first written above.
Gregory E. Harris OWNER: Attorney -in-fact for Daniel G. & Jerome M. Higman
(print name)
DEVELOPER: Lucas & Mercier Development, Inc.
(name of developer)
BY &LYJ-e~k
.
(signature)
(print name)
(signature)
(print name) Vice President, Lucas & Mercier Develop
(title and organization of signatory) ment I Inc - By,-i&&3$2vAi,
(signature) * I
Robert H, Thorne.a&.
PresiJwF; name) , Lucas & Mercier Development,
(title and organization of signatory) Inc.
Al-l-EST:
CITY OF CARLSBAD, a municipal
corporation of the
State of California
BY A- %.
ALETHA L RAUT “MARTIN ORENYAK
for City Manager
APPROVED AS TO FORM:
RONALD R. BAU, C&y Attorney
I
Deputy Cii Attorney’
(Notarial acknowledgement of execution of DEVELOPER and OWNER must be attached.)
.
Form Approved ByCityCouncilJdyZ,1991 Flt?so # 91-194/KlH 6
DATE
personally appeared I I NAME(S) OF SIGNER(S)
q personally known to me - OR - H proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is&e
subscribed to the within instrument and ac-
knowledged to me that he/sh&tbey executed
the same in his/he+their authorized
capacity(ies), and that by his/h&their
signature(s) on the instrument the person(s),
pon behalf of which the
, executed the instrument.
- OPTIONAL SECTION -
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to
low, doing so may prove
ns relying on the document.
TITLEIS)
0 PARTNER(S) 0 LIMITED
f-J GENERAL
0 AlTORNEY-IN-FACT
0 TRUSTEE(S)
q GUARDIAN/CONSERVATOR
Cl OTHER:
SIGNER IS REPRESENTING:
TITLE OR TYPE OF
NUMBER OF PAGE
01993 NATIONAL NOTARY ASSOCIATION * 6236 Remmet Ave., P.O. Box 7164 * Cano$QPark, CA 91309-7164
personally appeared
0 personally known to me - OR - Ig$;oved 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/&&they executed
the same in his/h&Mir authorized
MAY Etl
COI
NOTARY
capacity(ies), and that by hislheMheir
signature(s) on the instrument the person(s),
upon behalf of which the
d, executed the instrument.
and official seal.
:ALIFORNIA ALL-PURFOSE ACKNOWLEDQMENT No. 5193
- OPTIONAL SECTION -
CAPAClTi 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 doarment.
0 INDIVIDUAL
TITLE(S)
0 PARTNER(S) 0 LIMITED
0 GENERAL
0 A-ITORNEY-IN-FACT
q TRUSTEE(S)
0 GUARDIAN/CONSERVATOR
0 OTHER:
SIGNER IS REPRESENTING:
ME OF PERSON(S) OR
THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF THE DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES
01993 NATIONAL NOTARY ASSOCIATION * 6236 Remmet Ave., P.O. Box 7164 l Cenoga Park, w91309-7164
DATE , NOTARY PUBLIC
personally appeared -
0 personally known to me - OR - &roved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/=
subscribed to the within instrument and ac-
knowledged to me that he/&&hey executed
the same in his/hWtheir authorized
capacity(ies), and that by his/Retftlleir
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
- 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
c] CORPORATE OFFICER(S)
TITLE(S)
0 PARTNER(S) 0 LIMITED
@Y-
/‘-J GENERAL
ATTORNEY-IN-FACT
0 TRUSTEE(S)
0 GUARDIAN/CONSERVATOR
Cl OTHER:
SIGNER IS REPRESENTING:
THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE
THE DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES
01993 NATIONAL NOTARY ASSOCIATION l 8236 Remmet Ave., P.O. Box 7184 l Canoga Park, CA 91309-7184