HomeMy WebLinkAboutCT 95-06; UDC Homes Inc; 1996-0133727; Public Facilities Fee Agreement/ReleaseRECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City Clerk
GIN OF CARLSBAD
1200 Carlsbad Village Drive
Carisbad, California 92008-l 989
293
_ _ . - _ opuw aidve tiiis li:-ld f&r RetGidE;'S ?;CZ
ParcelNo.AZ/- O/Oc/&
(!.w s-ob
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACIUTIES FEE
FOR INSIDE THE BOUNDARIES OF COMMUNITY FACIUTIES DISTRICT NO. 1
THIS AGREEMENT is entered into this 5th day of septembes , 19%
by and between UDCHcmes Inc.
(name of developer-owner)
lhazwt~ a Corporation
(corporation, partnership, etc.) ’
hereinafter referred to as “Developer” whose address
iS 438 Camino de1 Rio South, &,ite ll?R San Diw, CA 92108
(street) {city, state, zip code)
and the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter
referred to as “C’Q’, whose address is 1200 Cansbad Village Drive, Carlsbad, California, 92008-
1989.
WITNESSETH:
WHEREAS, Developer is the owner of the real property described on ExhibitiA’, 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
Fum rbprmwd -?‘D =-4 FumllA
I WHEREAS, Deveiot,c proposed a development project a.~~iiows: 52 Q4exes
for a total of 104 &q&line wits
on said Property, which development carries the proposed name of Village E
and is hereafter referred to as ‘Development’; and
WHEREAS, Developer filed on the day of J WT.5
with the City a request for Tentative Tract Map, Planne&N&~tt-~&~t
Site Development Plan, and Environmental Impact Assessment
hereinafter referred to as
‘Request’; and
WHEREAS, the Public Facilities Element of the Cii General Plan requires that the City
Council find that all public facilities necessary to setv8 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
,i - facilities fee.
NOW, THEREFORE, in consideration of the recitals and the covenants contained herein,
the parties agree as follows:
Fa J’PP~ By Qty Ccunal July 2. 1991
Faso x 91-lwf1cr(
Form 17h
rev 3i2lt95
- ‘295
1. The Developer shall pay to the Ci 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
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 C-Q 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. if 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 deter&tied by City
prior to the issuance of any building or other permits. Such determination, when made, shall
become a part of this agreement. Sites dorIated under this paragraph shall not include
improvements required pursuant to Titles 18 or 20 of the Carlsbad Municipal Code.
-m&w-d Fa 17A
& 'Sly Gamcil July 2 1991 rev 3/27/95
lb0 8 Ql-194wH 3
/I ? 296
3. This agreement and the fee paid pursuant hereto are required to ensum 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. 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 authorised 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 City Manager, postage
prepaid and certified. I.b -
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.
Farm wovmd Fam 17A
By Oty Camal July 2 lQQ1 rev w27r95
Rae # Ql-lWu-l 4
297 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
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, City shall record a
release.
Fam Apcm.d
& city Camal July 2 ISUl
Rem X Ol-1WKIH
Fam 17A
rev 3/27/95
5
,. _... /. ..-1. _ _ .
: .I7 ~ I ;1_- I. ;, _” ’ _ : .. i& :!‘f y:,: ‘_.f.> \~.,;>,&Qi~>~~.
,298
IN WTNESS WHEREOF, this agreement is executed in San Diego County, California as
of the date first written above.
DEVELOPER-OWNER:
u *-D.c~ ktmes~tie.
(name of Developer)
CITY OF CARLSBAD, a municipal
corporation of the
State of California
(sig atufe) u BY
(title)
rur bny manager \J
BY (signature)
(print name)
(title)
i ATTEST:
ALETHA L RAUTENKRANZ, City Clerk
(Proper notarial acknowledgement of execution of DEVELOPER-OWNER must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If
only one officer signs, the corporation must attach a resolution certified by the secretary or
assistant secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL, Cii Attorney
~zc=L2 1001 km0 # 01.1wlKlll 6
-
zss EXHIBIT “A’
LEGAL DESCRIPTION
FORTIONOF !3ECTION 24,TWJNSHIP12 SOUI'H,RANGE 4 WEST, SANBEFQJARDINO
MJZRIDIANANDAPORTIONOF SECl'IONS 18 AND 19, !WWNSHIP 12 SOUTH, RANGJZ
3 WEST, SAN BERNARDINOMERIDAN, ANDAPORTIONOFCEliTIFICATEOF COMPLIANCE FILE/PAGE 87-385114 REERDED JULY 9, 1987 ALL IN THE CITY
OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIJ3XNIA.
Farm &prowa
By City Canal July 2 ‘QQl
Peso X Ql-1WUH
Fcam 17A
rev 3127,95
7
306
1 STATE OF CALIFORNIA - 1 ss.
COUNTY OF ~F4kGb
On M+K~ \q, p1q b
personally appeared
, before me, z./ ED=NI~I nb+~=uxb(;L )
LLJ3. Wer J\er
, personally known to me
(or 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 acknowledged to me that he/she/they executed 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.
Signature
(This area for official notarial seal)
Title of Document ‘3Jhll-L L M-Y 4-e 74Fcmnc~
Date of Document sep+DnL 6. v-5 No. of Pages
Other signatures not acknowledged
3008 (1194) (General)
First Amertcan Title Insurance Company
301’
CERTIFICATE OF RESOLUTION
OF t UDC HOMES, INC.
The undersigned, Kevin S. Steele, being an Assistant Secretary of UDC Homes, Inc.,
a Delaware corporation (the “Corporation”), does hereby certify that the following resolutions
were duly and regularly passed and adopted by the directors of the Corporation in all respects
as required by law and the Bylaws of the Corporation, and that such resolutions are still in full
force and effect and have not been amended, modified, revoked or rescinded:
RESOLVED, that, effective as of January 29, 1996, Jon B. Werner is
hereby elected to serve as an Assistant Secretary of the Corporation until his
successor has been elected and qualified;
FURTHER RESOLVED, that Jon B. Werner, as an Assistant Secretary
of the Corporation, should be, and hereby is authorized on behalf of the
Corporation to execute (without the necessity for the signature of any other
officer of the Corporation), acknowledge, deliver and record (i) applications to
governmental bodies to subdivide all or part of any real property owned by the
Corporation in San Diego County, in the State of California, and applications to
public utilities in respect to the provision of services to such real property; (ii)
easements to public utilities and governmental bodies requested by such public
utilities and/or governmental bodies in connection with the development of such
real property, (iii) plats, maps, covenants, conditions and restrictions,
condominium plans, bonds, subdivision agreements, and documents of like effect
pertaining to the development of any such real property, (iv) subdivision
questionnaires and other documents appropriate in obtaining public reports
relating to such real property, (v) instructions to trustees relating to the
foregoing, (vi) purchase contracts, deeds, affidavits of value, preliminary change
of ownership forms and closing documents of like effect, and (vii) subcontracts
relating to the development of real property, including subcontracts relating to
the construction of homes, provided, however, that the authority hereby granted
shall not afford any authority to incur any monetary obligation at any one time
in excess of $25,000.00 (except such monetary obligations as may be set forth
in a sales contract relating to the sale of a UDC Homes, Inc. residence to a retail
purchaser) and shall not afford any authority to borrow any money or to
purchase or sell any real property other than to sell homes to retail purchasers,
with all such other actions to require separate authority from the Board of
Directors.
iboatdla9602.cer
‘L
.* I.
302
IN WITNESS WHEREOF, the undersigned has signed this Certificate of Resolution as
an Assistant Secretaty of the Corporation on this 6th
Assistant Secretary
.
llmardla9602.cer -2-