HomeMy WebLinkAboutCT 96-03; Pacific View Ltd; 1996-0437970; Public Facilities Fee Agreement/Release, L \ .,.--
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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Drive
Carlsbad, California 92008-1989
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Space above this line for Recorder’s use
. Parcel No. 167-250-16
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AGREEMENT BETWEEN OWNER, DEVELOPER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
FOR OUTSIDE THE BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 1
THIS AGREEMENT is entered into this 22 day of March , 1996,
by and between Pacific View Ltd.
(name of developer)
a Limited Liability Company , hereinafter referred to as “Developer” whose address
(corporation, partnership, etc.)
is P.O. Box 2198, Carlsbad, California 92018
(street) (city, state, zip code)
and Daniel W. Ryan
(name of legal owner)
a Owner , hereinafter referred to as “Owner”, whose address
(individual, corporation, etc.)
is P.O. Box 2198, Carlsbad, California 92018
(street) (city, state, zip code)
AND
the CITY OF CARLSBAD, a municipal corporation ofthe State of California, hereinafter referred
to as “City”, whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008-1989.
Form Approved
By City Council July 2, 1991
Reso W 91-lw(KTH
1 Fom 18
per Jane Mobaldi,‘Rev OXW6Q,Da-03
l ,
- -
1503
RECITALS
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 Chvner to purchase the property and proposes
a development project as follows: 36 Sinale Family
on said
Property, which development carries the proposed name of Pacific View Estates
and is
hereafter referred to as “Development”; and
WHEREAS, Developer filed on the 22 day of March , 1996,
with the City a request for Tentative Tract Map for 36 single family residential
“Request”; and
hereinafter referred to as
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 and Chvner have 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;
Form Approved
By City Council July 2, 1991
Reso # 91-194KJH
2 Form 18
per Jane Mobaldi, Rev w2296
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 ‘I, “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 Titles 18, 20 or 21 of the Carlsbad Municipal
Code.
Form Approved
By City Council July 2, 1991
Reso # 91-194WH
3 Form 18
per Jane Mobddi, Rev CC/Z’96
1505
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. If 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. 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
Form Approved
By City Council July 2,199l
Rem # ‘)I-194KlH
4 Form 18
per Jane Mobaldi, Rev W22@6
1506
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.
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.
Form Approved
By City Council July 2, 1991
Reso # 91-194KJH
5 Form 18
per Jane Mobaldi, Rev WW96
IN WITNESS WHEREOF, this agreement is executed in San Diego County, California
as of the date first written above.
OWNER CITY OF CAIUSBAD, a municipal
corporatioq@Hq3 State of California
for City Manager
DANIEL W. RYAN
(print name)
Owner
(title)
By:
(signature)
(print name)
(title)
DEVELOPER:
PACIFIC VIEW LTD
(signature)
D. JACK
(print name)
Managing Member of Pacific View Ltd.
(title and organization of signatory)
- (signature)
(print name)
(title and organization of signatory)
Form Approved
By City Council July 2, 1991 Reso C 91-194KJH
6
ATTEST:
ALETHA L. RAUTENKRANZ, City Cler
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
(Notarial acknowledgement of execution of
DEVELOPER and 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
as&ant secretary under corporate seal
empowering that officer to bind the coToration.)
Form 18
per Jane Mobaldi. Rev OZW96
- . CAliFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907
State of 2i52ea ,
County of /-
On /0--223-9S
1508
,
DATE NAME, TITLE OF OFFICER - E.G., “JANE DOE, NOTARY PUBLIC
personally appeared D.iFAC K -h!;Fje di Ed LTD. (I , I)/3 dlgk d , />/Iv
NAME(S) OF SIGNER(S)
0 personally known to me - OR - @ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) B/are
subscribed to the within instrument and ac-
knowledged to me that he&be/they executed
the same in -r/their authorized
capacity(ies), and that by m/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 OF NOTARY u
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
c] INDIVIDUAL
0 CORPORATE OFFICER
TITLE(S)
&A-
TITLE OR TYPE OF DOCUMEf#
0 PARTNER(S) 0 LIMITED
c] GENERAL
0 All-ORNEY-IN-FACT NUMBER OF PAGES
0 TRUSTEE(S)
0 GUARDIAN/CONSERVATOR q OTHER: /o-23-575-
DATE OF DOCUMENT
SIGNER IS REPRESENTING: NAME OF PERSON(S) OR EMITY(IES)
SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION l 6236 Remmet Ave., P.O. Box 7164 l Canoga Park, CA 91309-7164
*
. . ( .-
.
. I
.
-
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:
ALL THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 32, TOWNSHIP 11 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTZ3N 32; THENCE SOUTH 89O12'20" EAST ALONG THE SOUTHERLY LINE THEREOF, 990.04 FEET TO THE SOUTHEAST CORNER OF LAND DESCRIBED IN DEED TO CARL L. BERNHARDT, ET UX, RECORDED APRIL
9, 1931 IN BOOK 1884, PAGE 123 OF OFFICIAL RECORDS; THENCE ALONG THE BOUNDARY THEREOF, NORTH OO"56'20" EAST, 440.00 FEET AND NORTH 89@12'20" WEST, 462.67 FEET; THENCE SOUTH OOO47'40" WEST, 106.09 FEET; THENCE SOUTH 45O47'40" WEST, 152.84 FEET; THENCE NORTH 44O12'20" WEST, 114.14 FEET; THENCE NORTH 66O42'20" WEST 74.38 FEET; THENCE NORTH 89O12'20" WEST, 38.32 FEET; THENCE NORTH OO"47'40" EAST, 105.00 FEET, MORE OR LESS, TO THE INTERSECTION WITH THE BOUNDARY OF SAID BERNHARDT'S LAND; THENCE ALONG THE BOUNDARY OF SAID LAND, NORTH 89O12'20" WEST, 50.00 FEET; NORTH OO"56'20" EAST, 240.00 FEET; AND NORTH 89O12'20" WEST, 181.50 FEET TO THE INTERSECTION WITH THE WESTERLY LINE OF SAID SECTION 32; THENCE SOUTH OO"56'20" WEST ALONG SAID WESTERLY LINE, 680.00 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION LYING WITHIN PARCEL 1, AS SHOWN ON A PARCEL MAP FILED IN THE BOOK OF PARCEL MAPS AT PAGE 879 IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY ON JULY 3, 1972.
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