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Home My WebLink AboutCT 97-22; Shea Homes LP; 1999-0017889; Public Facilities Fee Agreement/Release: .- , , ” . P 0t Y MIC .I 1999-00017889 6733 JAN 129 1999 3=47 PM OfnCIk REclxDS SAH DIEM] tXlMTY RECMR’S K-FE GRBORY &SS(ITHs COLfYYRECORDER : . RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: > City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, California 92008- 1989 Space above this line for Recorder’s use 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 Parcel No. 214-l 50-l 8 THIS AGREEMENT is entered into this December / 7” day of ,1998, by and between (name ofdeveloper-owner) shea Homes limited partnership a (corporation, parfnership, etc.) 3 hereinafter referred to as “Developer” whose address is (street, city, state, zip code) 10721 Treena Street, f%?~ 200 I San Diego, CA 92131 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, 9200% 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, 1991 Resolution No. 91-194KJH 1 Form 17A$4()9 Per Jane Mobaldi. Rev. 01/l 1196 . 1 WHEREAS, Developer proposed a development project as follows: - 112 residential units on said Property. which development carries the proposed name of Planning Area 8 of the Poin‘settia Properties Specific Plan and is hereafter referred to as “Development”; and 4 WHEREAS, Developer filed on the / 7 day of December . 1998, with the City a request for Tentative Map, Coastal Development Permit and Condominium Permit 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 tile with the City Clerk and is incorporated by this reference); and WHEREAS, Developer and City iecognize 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 fmding 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 Resolution No. 91-194/KJH Form 17A Per Jane Mobaldi, Rev. 01/l l/96 1. 6735 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 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 mobilefiome 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- 194/KJH Form 17A Per Jane Mobaldi, Rev. 01/l l/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 fm 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 suffkient 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 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. . . . Form Approved By City Council July 2, 199 1 Resolution No. 91-194/KJH 4 Form 17A Per Jane Mobaldi, Rev. 01/l l/96 - 6737 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 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. . . . . . . . . . Form Approved By City Council July 2, 1991 * Resolution No. 9 1 - 194/KJH Form 17A Per Jane Mobaldi, Rev. 01/l 1196 . . - 6738 IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the - date first written above. DEVELOPER-OWNER: CITY OF CARLSBAD, a municipal corporation of tbe State of California Shea Homes Limited partnership (si*re) Dale Holbrook (print name) Tty Clerk Assistant Secretary (title) KAREN R. KUNDTZ, A&&tant City Clerk APPROVED AS TO FOR&J: RONALD R. BALL, City Attorney Richard Gustafson (print name) Assistant Secretary (title) (Notarial acknowledgment of execution ofDEVELOPER and OWNER must be attached). (President or vice president AN&IT secretary or assistant secretary must sign for c&porations. If only one ofJicer signs, the corpration must attach a resolution certljied by the secretary or assistant secretary under corporate seal empowering that oflcer io bind the corporation). (If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument). Form Approved By City Council July 2, 199 1 6 Form 17A Resolution No. 91-194/KJH Per Jane Mobaldi. Rev. Olil I/96 6739 EXHIBIT“A" LEGALDESCRIPTION - THE LAND.REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: THOSE PORTIONS OF LOT 3 AND THE NORTH ONE-THIRD OF LOT 4 IN SECTION' 29, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF f%-kH DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 29, TOWNSHIP 12 SOUTH, RANGE 4 WEST, AS SHOWN ON MAP NO. 7476, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG THE EAST SECTION LINE OF SAID SECTION 29 SOUTH O"38'14@ WEST 4474.95 TO A POINT ON THE SOUTHERLY LINE OF THE NORTH ONE THIRD ON SAID LOT 4; THENCE ALONG SAID SOUTHERLY LINE NORTH 89O10'16" WEST 144.42 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT ALSO BEING ON THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF A 200.00 FOOT RIGHT-OF-WAY OF THE ATCHISON, TOPEKA AND SANTA FE RAILROAD; THENCE CONTINUING ALONG SAID SOUTHERLY LINE NORTH 89O10'16" WEST 565.12 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF THE STATE HIGHWAY AS DESCRIBED IN PARCEL 5A OF FINAL ORDER OF CONDEMNATION IN SUPERIOR COURT OF SAN DIEGO COUNTY, CASE NO. 165983, A COPY OF WHfCH BEING RECORDED APRIL 23, 1952 XN BOOK 4444, PAGE 395 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER IN SAID COUNTY; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE NORTH 19OO9'02" WEST, 1419.28 FEET TO A POINT ON THE SOUTHERN RIGHT-OF-WAY LINE OF THE 102.00 FOOT WIDE ROAD KNOWN AS POINSETTIA LANE AS DESCRIBED IN PARCEL 1 IN DEED TO THE CITY OF CARLSBAD RECORDED AUGUST 21, 1974 AS DOCUMENT NO. 74-227601 OF OFFICIAL RECORDS; THENCE ALONG SAID RIGHT-OF-WAY LINE NORTH 76O56'55" EAST 498.07 FEET TO A POINT ON SAID SOUTHWESTERLY RIGHT-OF-WAY LINE OF SAID RAILROAD; THENCE ALONG SAID SOUTHWESTERLY RIGHT-OF-WAY LINE SOUTH 20"28'04" EAST 1559.87 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM ALL OIL, AND MINERAL RIGHTS BELOW 500 FEET WITHOUT RIGHT OF SURFACE ENTRY AS RESERVED BY A.L. SHIPLEY, JR., CONSERVATOR OF THE STATE OF GEORGE H. CAPRON IN DEED RECORDED JUNE 30, 1969 AS FILE NO. 116905 AND RE-RECORDED JULY 23, 1969 AS FILE NO. 132460, BOTH OF OFFICIAL RECORDS. Form Approved By City Council July 2, 1991 7 Resolution No. 9 I- 194KJH Form 17A Per Jane Mobaldi, Rev. 01/l l/96 - 6740 STATE OF CALIFORNIA COUNTY OF SAN DIEGO On November 9, 1998, before me, Rhonda M. Angel Notary Public, personally appeared Dale Holbrook and Richard Gustafson , [x] personall? known to me - or [ ] p~$oc~~z~&&~~&~&ct4~ to be the person(s) whose name(s) &fare subscribed to the within instrument and acknowledged to me that k&k/they executed the same in %&&w&their authorized capacity(ies), and that by W&Wtheir 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. Form Approved By City Council July 2, 1991 Resolution No. 91-194/KJH 8 Form 17A Per he Mobaldi. Rev. 0 I/I l/96