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Home My WebLink AboutCT 94-08; Kaiza Poinsettia Corporation; 1995-0033511; Public Facilities Fee Agreement/ReleaseRECCRDING REQUESTED BY AND WHEN RECORDED MAIL TO: Is; # 1995-0033511 24--JAW-1995 03=19 PN City Clerk ClTY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, California 92008-l 989 1 OFFICIAL RECORDS ; 311 SAN DIEGO COUNTY RECORDER’S OFFICE 28. DO Space above this line for Recorder’s use Parcel No. J.j 6 - /Yo - 3 2 t-3.3 AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CllY OF CARLSBAD FOR THE PAYMENT OF A PUZLIC FACILfTiES FEE FOR INSIDE THE BOUNDARIES OF COMMUNllY FACiLlTIES DISTRICT NO. 1 THIS AGREEMENT is entered into this 7X day of fl~~%~+.Z , 19zf by and between Kaiza Poinsettia Corporation (name of developer-owner) a Corporation (corporation, partnership, etc.) ’ hereinafter referred to as “Developer” whose address is 7220 Avenida Encinas, Suite 200, Carlsbad, CA 92009 (street) (city, state, zip code) and the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as “City”, whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 9200& 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 /' ed#fl~~~,>//jnl u~,yI on said Property, which development carries the proposed name of Poinsettia Shores c,f yf- C'/ /h?fJ. DLM&W n~Z/6-/++35 -33 f?d&Jfl~,& A,.&,9 A -/ , c,r 9+08 / / f- / J Form Approved By City Council July 2.1991 Reao t Ql-IWKJH 1 '_ : and4s hereafter referred to as “Development“; and -312 WHEREAS, Developer filed on the 9th day of DECEMBER ,192, with the City a request for TENTATIVE MAP C.T. 94-08; CONDOMINIUM PERMIT C.P. 94-01. 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 sew8 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 servfces are at capacity and will not be available to accommodate the additional need for public facilities and services resulting from the proposed Development; and i ! WHEREAS, Developer has asked the City to find that public facilities and services will be t i available to meet the future needs of the Development as it is presentfy proposed; but the j ._ .. Developer is aware that the City cannot and will not be able to make any such finding wfthout . I ‘: financial assistance to pay for such services and facilities; and- therefore,. Developer proposes to’ ; . ._ y_;. - help satisfy the General Plan as implemented by Council Policy No. 17 by payment of a public : ; -. , .? : . : . facilities fee. : . NOW, THEREFORE, in wnsideration of the recitals and the covenants.contained herein, the parties agree as 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 Apprw,d It By Cily Council July 2.1991 Row t Ql-lQ4/KJH 2 - 313 to Titles 18, 20 or 21 of the Carlsbad Municipal Code. Developer shall pay a fee for conversion of existing building of 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 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. ff 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. lf 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 Apprwod By City Council July 2.1991 Raso # 91.lQ4iUJH 3 Development shaH 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 Cii Manager, postage prepaid and certified. 7.2 If notice is given to Developer by personal delivery thereof to Developer or by depositing the aam8 in the kited 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 and City, and references to Developer or City herein shall be deemed to be a reference to and include their respective Form Apprwod By Cky Council July 2.1991 Rem # Ql-lQ4MJH 4 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 recorded but shall not create a lien or security interest in the Property. When the obligations of this agreement have been satisfied, Cii shall record a release. . . . . . . . . . . . . . . . . . . . * . . . . . * * . . . . . . . . . . . . . * . . . . Form Approvad By City Council July 2.1991 Fbao I Ql-IQUKIH 5 - 316 IN WlTNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: CfTY OF CARLSBAD, a municipal corporation of the State of California BY (signature) (print name) (title) ATTEST: APPROVED AS TO FORM: RONALD R. BALL, Cii Attorney BY c;i,‘LL~ mputy Ci Attome3/ (Notarial acknowledgement of execution of DEVELOPER-OWNER must be attached.) Form Approved 8y City Council July 51991 Reso + 91.lQ4KJH 6 .- EXHIBIT “A” LEGAL DESCRIPTION PLANNING AREA B-l PORTIONS OF LOTS 1, 2 AND 4 TOGETHER WITH PORTIONS OF THE STREET ADJOINING SAID LOTS, SHOWN AS AVENTDA 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. FormApprovod 6yCilycoUncilJuly2.1991 Rosa #91-19uKJH State ofW+LlF=ORrUI rC, County ofs3-d DeG 0 i On CEC- .9 .1994kfommO.CY-fKI5Tlti~ 5. 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