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Home My WebLink AboutCT 97-16; Kelly Land Company; 1998-0162911; Public Facilities Fee Agreement/Release. ’ c * . DOE :; 199Em62911 413 MAR 25s 1998 3=22 PM &!3c1fl REm S/M DIEM CMNTY REf.llRDEK’S OFFICE GREGORY $iITh ~TY$3Rl!ER . . . RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: 1 ) City Clerk ‘CITY OF CARLSBAD ; 1200 Carlsbad Village Drive 1 Carlsbad, California 92008- 1989 ) 48-P Space above thisline for Recorder’s use 208-020-34 parcel~o.208-020-35 AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE FOR INSIDE THE BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 1 THIS AGREEMENT is entered into this 2 9 day of AURU s t by and between (name ofdeveloper-owner) Ko 113’ Land Company 9 ,1997 , a (corporation, partnership, etc.) a Delaware Corporatio 3 ereinafter referred to as “Developer” whoseaddressis(street,city,state,zipcode) 2011 Palomar Airport Road, Suite 20 Carlsbad, CA 92009 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- 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 Form Approved By City Council July 2,199l 1 Form 17A Resolution No. 9 1 - 194KJH Per Jane Mobaldi, Rev 01/l l/96 &PA q~7/Zt91-67/cwl-i . - - . . . 414 WHEREAS, Developer proposed a development project as follows: Tent at ive Map (Residential) on said Property, which development carries the proposed name of Kelly Ranch and is hereafter referred to as “Development”; and WHEREAS, Developer filed on the 2 9 day of August ,19= withthe Cityarequestfor General Plan Amendment,Master TM, Zone Change, HDP, Coastal Permit, LMFP Amendment 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; 199 1, 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: Form Approved By City Council July 2, 199 1 2 Resolution No. 9 1 - 194KJH Form 17A Per Jane Mobaldi, Rev 01/l l/96 (1 h - >. . 415 1. The Developer shall pay to the City 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 2 1.47 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. 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. Form Approved By City Council July 2,1991 Resolution No. 91-194KJH Form 17A Per Jane Mobaldi, Rev. 01/l I/96 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 suffkient 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 parry giving such notice or by a duly author&d 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. 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 and City, and references to Developer or City herein Fom Approved By City Council July 2, 1991 4 Form 17A Resolution No. 91- 1.94KJI-I Per Jane Mobaldi, Rev. Of/I I/96 *, - . . 417 shall be deemed to be a reference to and include their respective successors and assigns without specitic 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. . . . Fonn Approved By City Council July 2, 1991 Resolution No. 91-194KJH Form 17A Per Jane Mobaldi, Rev. 01/l l/96 418 IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: Kelly Land Company, a Delaware D.L. Clemens, (print name) Vice President CITY OF CARLSBAD, a municipal corporation of the State of CaJiQmia A’I-IEST: ALETHA L. RA APPROVED AS TO FORM: RONALD R. BALL, City Attorney Scott M. Medansky \ (print name) (Notarial acknowledgment of execution of DEVELOPER and OWNER must be attached). (President or vice president &VJ 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) Form Approved By City Council July 2, 1991 Resolution No. 91-194KJH 6 Form 17A Per Jane Mobaldi, Rev. 01/i 1196 STATE OF CALIFORNIA COUNTY OF SAN DIEGO . 3. 199 ? Mkm me, / I Notary Public, personally appeare u,g . 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&he/they executed the same in his/her/their authorized capacity(ies), and that by&&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. I h ‘( COmn. 11018938 - CMlfORNiA- Form Approved By City Council July 2,199 1 Resolution No. 91-194KJH Form 17A Per Jane Mobaldi, Rev. 01/l 1196 EXHIBIT “A” LEGAL DESCRIPTION 420 THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: THAT PORTION OF LOT "I" OF RANCH0 AGUA HEDIONDA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO ON NOVEMBER 16, 1896, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT POINT NO. 18 OF SAID LOT "I", SAID POINT BEING THE SOUTHEAST CORNER OF SAID LOT "I"; THENCE NORTH 86“51'11" WEST 3663.14 FEET ALONG THE SOUTHERLY LINE OF SAID LOT "I"; THENCE LEAVING SAID SOUTHERLY LINE, NORTH 2OO42'29" WEST, 444.52 FEET; THENCE NORTH llO22'43" WEST 42.37 FEET; THENCE NORTH 12O28'52" EAST 36.00 FEET; THENCE NORTH 12OO9'07" EAST 248.90 FEET; THENCE NORTH 68O19'00" EAST 535.23 FEET; THENCE NORTH OO"57'02" EAST 80.89 FEET TO THE BEGINNING OF A TANGENT 1,451.OO FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE ALONG THE ARC OF SAID CURVE, NORTHERLY AND NORTHEASTERLY 1123.80 FEET THROUGH A CENTRAL ANGLE OF 44O22'32"; THENCE NORTH 45O19'34" EAST 349.98 FEET TO THE BEGINNING OF A 1,951.OO FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL TO SAID BEGINNING BEARS NORTH 44O41'04" WEST; THENCE ALONG THE ARC OF SAID CURVE, NORTHEASTERLY 167.32 FEET THROUGH A CENTRAL ANGLE OF 04O54'50"; THENCE SOUTH 41O25'48" EAST 239.03 FEET; THENCE SOUTH 65OO4'18" EAST 313.73 FEET; THENCE NORTH 58O12'38" EAST 267.32 FEET; THENCE NORTH 57O15'40" EAST 323.16 FEET; THENCE SOUTH 52O26'00" EAST 93.14 FEET; THENCE SOUTH 65O27'15" EAST 225.93 FEET; THENCE SOUTH 64O27'20" EAST 115.44 FEET; THENCE SOUTH 42O44'26" EAST 133.98 FEET; THENCE SOUTH 81°11'06" EAST 112.60 FEET; THENCE SOUTH 42O59'22" EAST 56.84 FEET; THENCE SOUTH 15O53'38" EAST 148.53 FEET; THENCE SOUTH 49O31'42" EAST 69.95 FEET; THENCE SOUTH 89O39'55" EAST 154.06 FEET; THENCE NORTH 56O18'50" EAST 99.98 FEET; THENCE NORTH 81O19'22" EAST 113.29 FEET; THENCE NORTH 69O26'28" EAST 122.88 FEET; THENCE NORTH 74O31'52" EAST 109.17 FEET; THENCE NORTH 39O22'03" EAST 82.73 FEET; THENCE NORTH 27O40'21" EAST 144.57 FEET; THENCE NORTH 39O19'05" EAST 71.57 FEET; THENCE NORTH 54O19'44" EAST 92.05 FEET; THENCE SOUTH OO"11'38" WEST 2484.99 FEET TO THE POINT OF BEGINNING. Form Approved By City Council July 2,199 1 Resolution No. 91-194KJH 7 Form 17A Per Jane Mobaldi, Rev. 0111 l/96