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Home My WebLink AboutCT 94-10; Kaiza Poinsettia Corporation; 1994-0532234; Public Facilities Fee Agreement/Release* I . . . . : L. * RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, California 92008-l 989 237 J $:;~;A; Dj7r,pr~c8 _ “.‘,~.:..z... ‘;A:: ;LC;jc ;:J, 1 .‘-L,...‘,jLfT ; i:r’iCE !J ;T:p, “;iHri/ >C~~:Dfi~f?ix- r#&-!fi” ~qY!+ i ,.,e,:Aii: i ,..,,.-.,. $7.~ ,,_.. rj-{‘;yTv ;$-yph~ qc: i? ;-g-! :z;<. ._L .- ‘LZ “V jij <-y: :- .~, .i ‘; AK: : c3 n;-; /!i, -:, i j;: = il i , :;[! Space above this line for Recorder’s use Parcel No. 2’ b - r YQ l -L5 I 3~ AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CR-Y OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE FOR INSIDE THE BOUNDARIES OF COMMUNlTY FACILlTIES DISTRICT NO. 1 THIS AGREEMENT is entered into this A@- day of 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 ClTY 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 Tentative WHEREAS, Developer proposed a development project as follows: Map for Residential Development (Affordable Housing). on said Property, which development carries the proposed name of ‘Ointsettia Shores Area "D" Form Approved By Cii Council July 2,lQQl Reso # Ql-lQ4KJH CT-q++0 c-9-q y -03 sbP-qq-88 . ’ , . . \’ 233 L . and is hereafter referred to as “Development”; and ’ . WHEREAS, Developer filed on the -t-/l y r, day of ~SWf- v I 1gTf with the City a request for Tentative Map; Condominium Permit; Site Development Plan 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 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 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 of 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 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 1.8296 of the building permit valuation of the building or structures to be constructed in the D8V8lOpment pursuant to the R8qU8St. The fee shall be paid prior to the issuance of building or Other cOnStfU3iOn permits for the d8V8lOpm8nt 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 Approved By City Council July 2.1991 Raso # 91.1WKJH 2 . . 239 to Titles 18; 20 or 21 of the Carlsbad Municipal Code. DevelOp8r shall pay a fee for conversion of existing building or structures into condominiums in an amount not to exceed 1.8296 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 us8 or occupancy for which the development is intended. Developer shall pay the City a public facilities fee in the sum of $593 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. lf DeV8lOp8r offers to donate a site or sites for public facilities, the City shall consider, but is not obligated to accept th8 Offer. Th8 time for donation and amount Of credit against th8’f8e shall b8 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 services, and the development will not be consistent with the General Plan and any approval or permit for the Form Appmvod 6y Cily Council Juty 2.1901 Roao # Ql-1WKJH 8 -. . . . : 2&r 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 th8 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 8Vid8nC8 of adequate public facilities and services sufficient to aCCommOdat8 the ne8dS of the Dev8lOpment 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 lf notice is given to the City of personal delivery thereof to the Clty or by depositing same in the United States Mail, addressed to the City at the address set forth herein, enClOS8d in a Sealed envelope, addressed to the city for attention of the City Manager, postage prepaid and certified. 7.2 If nOtiC iS given to Dev8lOp8r by p8rSOnal delivery thereof to Dev8lOp8r or by depositing the same in the United States Mail, enclosed in a sealed envelope, addressed to DeV8lOp8r 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 DeV8lOp8r and City, and references to D8V8lOp8r or City herein shall be d88m8d to b8 a ref8r8nC8 t0 and in&d8 their r8Sp8CtiV8 Form Approved By City Council July 2,lSSl Reeo # Sl-194luJH 4 . - . L 24- successors and assigns without specific mention of such successors and assigns. If Developer should cease to haV8 any interest in the Property, all obligations Of DeV8lOp8r hereunder shall terminate; provided, however, that any successor to Developer’s interest in the property shall have first assumed in writing the DeV8fOp8r’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 Approved ByCilyCouncilJuly2,1991 Reso x 91.194KlH . IN WlTNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: ClTY OF CARLSBAD, a municipal corporation of the Stat8 of California (print name) Pies id e 17-t . (title) for City Manager BY (signature) (print name) (title) Al-l-EST: ALETHA L. RAUTE APPROVED AS TO FORM: RONALD R. BALL, Cii Attorney BY wDeputy city Attorn@ (Notarial acknowledgement of execution of DEVELOPER-OWNER must be attached.) Form Apprwed By Clly Council July 2, i9Ql Row # Sl-194/KJH 8 ” . - . .- . , 24d EXHIBIT ‘A’ LEGAL DESCRIPTION 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 Apprwad By Clly Council July 2,lSQl Rmo It 0%lawm 7 . . . . . . . . ’ STATE OF CALIFORNIA ) 1 COUNTY OF SAN DIEGO ) O”DLkaM! !\49y , before me, MlsT-, tic 5 I #fi& Notary Mblic, personally appeared n)u IKO s&d 11 F A . . 9 personally known to me (or-p~4 ixXe on the Dasis of-l & to be the personJ++$whose name(& is ar'$subscribed to the within instrument and acknowledged to me that /@h executed the same in t$$/@t$&authorized capacity(iw, and that by l&s&t&i-r signature(#-on the instrument the person@& or the entity upon behalf of which the personhcted, executed the instrument. Witness my hand and official seal. e of Notary Public