HomeMy WebLinkAboutCT 94-10; Kaiza Poinsettia Corporation; 1995-0033512; Public Facilities Fee Agreement/Release. t . .
RECCRDING REQUESTED BY AND WHEN RECORDED MAIL TO: hi # 1995-0033512 24-JAN-1995 03~19 PM
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Drive
Carlsbad, California 92008-l 989
I OFFICI
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SINI DIEGO -“‘* 3 19
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@GREGORY s;; I; LUIJN~
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CIL RECORDS ~uu~rY RECORDER’S OFFICE *“1-a. -““~E~ECORDER I
IF: 1.00
Space above this line for Recorder’s use
ParcelNo. z/b- /40-2s ,f-33a
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE ClTy OF CARLSBAD FOR THE
PAYME!::’ C:’ A PUBLtC FAClLlTiES FEE
FOR INSIDE THE BOUNDARIES OF COMMUNITY FAClLlTlES DISTRICT NO. 1
THIS AGREEMENT is entered into this ? x- - day of /7cHf55& I 1 %w
by and between Kaiza Poinsettia Corporation
28.00
(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 1208 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/qg?R&QfLE m425/* Lf Tentative map for residential development 90 / tu/iz
on said Property, which development carries the proposed name of Poinsettia Shores
'II 7-D N c.r 94/-/o. C,/? w-03, 5n,P 94/-m /#/~.~~.C ,rZ~&%+-3Z
Form Approved
By City Council July 21991 Ct +-PO
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. P -320 and 4s hereafter referred to as ‘Development”; and
. WHEREAS, Developer filed on the 9th day of DECEMBER ,192,
with the City a request for TENTATIVE MAP C.T. 94-10, CONDOMINIUM PERMIT
C.P. 94-03. SOTE DEVELOPMENT PLAN S.D.P. 94-08
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 se&es 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 w’rthout ,’
financial assistance to pay for such setices and facilities; and therefore,- Developer proposes to
help satisfy the General PIan 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 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.ed It
6y Clly Council July2 1991 . Remo #91-lW?UH 3
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 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. lf 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 incfude .
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 Apprwad
Sy City Counoii July 2.1991
Row # 9%194#CJH 3
322
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. Cii 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 clomp!y %ith any requirements of other public agencies as evidence of adehquate pub!ic
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 wriiing, 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 envelope, addressed to the City for attention of the Cii Manager, postage
prepaid and certified.
7.2 ff notice is given to Developer by personal delivery thereof to Developer or .
by depositing the same in the United 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 Approved
By City Council Juiy 2, 1991
Row # 9%1WKJH 4
* 323
successors and assigns without specific mention of s,uch 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 Approved
Sy Cky Council July 2.1901 Reso # 9%1SUKJH 5
_c 324
IN WlTNESS WHEREOF, this agreement is executed in San Diego Cqunty, California as
of the date first written above.
DEVELOPER-OWNER: ClTY OF CARLSBAD, a municipal
corporation of the
State of California
(print name)
for City Manager
BY (signature)
(print name)
(title)
ATTEST:
ALETHA L. RAUTENKFUNZ, City Cler
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
BY q~tbf-wk
TDeputy City Atton#y
(Notarial acknowledgement of execution of DEVELOPER-OWNER must be attached.)
Fon Appmved
By City Council July 2,lSSl
Reso # Sl-1SUKJH s
325
EXHIBIT “A
LEGAL DESCRIPTION
PLANNING AREA D
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
0F 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 Amroved
By Cllyiounoii July 21991 Rem # 91.1WKJH .’ 7
Stateof CAL)Fo-~~IA
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