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Home My WebLink AboutCT 96-07; Carltas Development Company; 1992-0667486; Public Facilities Fee Agreement/Release2312 DL- # 1992-0667486 20-OCT-1992 11=16 AM RECORDING REQUESTED BY AND ) I-- 5.” WHEN RECORDED MAIL TO: 1 1 .‘\ CITY OF CARLSBAD )/ ! 1200 Carlsbad Village Drive > Carlsbad, California 92008 > OFFICIAL RECORDS SAN DIE60 COUNTY RECORDER’S OFFICE Space above this line for Recordeis use Parcel No. APN 211--010-25,. 211.42l.--15; 19, 27, 28, 29 & 26 AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 14th day of %?t- , 19 92 byandbetween Carltas Company (Name of Developer-Owner) California a Limited Partnarship , hereinafter referred to as “Developer” (Corporation, Partnership, etc.) whose address is 5600 Avenida Encinas, Suite 100, Carlsbad, CA 92008 - (Street) (Cit$ 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, 92008. 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 proposes a development project as follows: A 17 Lot Tentative Mag on said Property, which development carries the proposed name of Car&bad Ranch 'Tentative Map and Form Approved By City Council April 22, 1986 &so. No. 9169 1 CT- qt-7 l#P YZ- 11 . 2013 , is hereinafter referred as “Development”; and WHEREAS, Developer filed on the 21st day of , 14)3 with the City a request Sept. for a Tentative Tract Ma9 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 28, 1987, 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 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. Form Approved By City Council April 22, 1986 Reso. No. 9169 2 * ’ 2014 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 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”, “other construction permit” and entitlement of use” as used in this agreement, except in reference to mobile home sites or projects, shah 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 of occupancy for which the development is intended. Developer shall pay the City a public facilities fee in the sum of $1,150 for each mobile home 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 CarIsbad 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 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 Form Approved By City Council April 22, 1986 Reso. No. 9169 3 ‘ ’ 2015 I 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 service sufficient to accommodate the needs to the Development herein described. 6. All obligations hereunder shall terminate in the event the Requests made by Developers are 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 If notice is given to the City by 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 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 may have been designated, postage prepaid and certified. 8. This agreement, shall be binding upon and shall ensure to the benefit of, and shall Form Approved By City Council April 22, 1986 Reso. No. 9169 4 apply to the respective successors and assigns of Developer and the City, and references to Developer or City herein shall be deemed to be 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 of Developeis interest in the property shaIl have first assumed in writing the Developeis 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. Fom Approved By City Council April 22, 1986 Reso. No. 9169 5 . “. _- 2017 . * I’ IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: Carltas Company, A Limited Partnership CITY OF CARLSBAD, a municipal corporation of the State of California by Christopher Calkins (n-4 (Title) By: By: (Title) ATTEST: ALETHA L. RAUTE APPROVED AS TO FORM: RONALD G. BALL Acting City Attorney (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) Fom Approved By City Council April 22,1986 Reso. No. 9169 2018 EXHlBIT “A” LEGAL DE!XMPTION A PORTION OF LOT "H"' OF RANCH0 AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1892. ALL-D##DD#BCE AEYNCbWLCDILMCUT ..A - NV LV: State of California CAPACITY CLAIMED BY SIGNER County of San niego q INDIVIDUAL(S) 0 CORPORATE On g/21/92 before me, Charleena I. Yanqer, Notary Public, OFFICER(S) DATE NAME, TITLE OF OFFICER E.G., ‘JANE DOE, NOTARY PUBLIC TITLE(S) 0 PARTNER(S) personally appeared Christopher Calkins, Manager, Carltas Cm NAME(S) OF SIGNER(S) A Limit-d p~~&ir, 0 ATTORNEY-IN-FACT 0 personally known to me - OR -s proved to me on the basis of satisfactory evidence 0 TRUSTEE(S) to be the person@) whose name(@ is/a 0 SUBSCRIBING WITNESS subscribed to the within instrument and ac- 0 GUARDIAN/CONSERVATOR knowledged to me that hm executed MOTHER: Manager the same in his/w authorized capacity&e& and that by his&r&#& signature@ on the instrument the person@), ortheentity upon behalf of which the person(sj SIGNER IS REPRESENTING: acted, executed the instrument. Witness my hand and official seal. NAME OF PERSON(S) OR ENTITY(IES) Carltas Company, A Limited Partnership SIGNATURE OF NOTARY ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachGent of this certificate to unauthorized document. THIS CERTIFICATE Title or Type of Document Public Facilities Fee Agreement MUST BE ATTACHED TO THE DOCUMENT Number of Pages seven Date of Document g/14/92 DESCRIBED AT RIGHT: Signer(s) Other Than Named Above -- 8 1991 NATIONAL NOTARY ASSOCIATION. 8236 Remmet Ave. . P.O. Box 7194 * Canqa Park, CA 91304-71 Fotm Approved By City Council April 22, 1986 Reso. No. 9169 7