HomeMy WebLinkAboutCT 98-17; Spectrum Communities LLC; 1998-0726166; Public Facilities Fee Agreement/Release. *.
r DOC ..i 1998-07261~6
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RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: >
City Clerk 1
CITY OF CARLSBAD
1200 Carlsbad Village Drive ; Carlsbad, California 92008- 1989 >
NCIU 06s 1998 2:20 PM
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.A AGREEMENT BETWEEN OWNER, DEVELOPER
9% AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
FOR INSIDE THE BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 1
ParcelNo. 2j,5-08()-19
THIS AGREEMENT is entered into this 2 9 SeDtember day of
by and between (name of developer) Ssectrum Comminities, LLC
,1998,
a (corporation, partnership, etc.) Partnership , hereinafter referred to as “Developer”
whoseaddress is(street, city, state, zipcode) 15375 Barranca Parkway, Ste B-211
Irvine, CA 92618 and (name oflegalowner) Paul and Peqqy Hadley Family Trust.
a (individual, corporation, etc.) T r u sit , hereinafier referred to as “Owner”
whose address is (street, city, state, zip code) 74923 East Hovlev Lane, Palm Desert,
CA 92260
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-l 989.
. . .
I:om Approwl 11~ ( ‘ily C’orrnc’il July 2, IYY I
ksol~~tion No. Y I - IY4iKJl I
1 1~01.111 I K/2
I’er J;IIW Mohld~. Kc\ OI! I I.:‘)0
-#w
C-I- ?tJ- I-‘/ CD? %-7(+/ I-tpQ ‘fs- t?
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RECITALS
WIHEREAS, 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 Owner to purchase the property and proposes a
development project as follows: A 39 lot residential subdivision with 38 R-l units
and 1 open space lot on said Property, which development carries the proposed name of
Hadley Property
and is hereafter referred to as “Development”; and
WHEREAS, Developer filed on the I 6th day of , 1998 , with the October
City a request for Tentative Map, Hillside Development Permit, COaStal Permits
and Zone Change. hereinafter referred to as “Request”; and
WHEREAS, the Public Facilities Element of the City General Plan requires that the City Council
find that all pubIic 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 and Owner have asked the City to find that public facilities and services
will bc available to meet the future needs of the Development as it is presently proposed; but the
I>e\:elopcr is aware that the City cannot and will not be able to make any such finding without financial
assistance to pay t’or sucl~ services and fkilities; 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 l’ce
I~om Ap~~~cd I3y C‘ily (‘out1211 .luly 2, l!NI
I<cs~,lu~wn No. VI- I’MKJII
I~‘ornl I 8A
I’cI. l;mc Mohaldi. licv. 01/l l!‘H)
, . .
1 . 686
NOW, THEREFORE. in consideration of the recitals and the covenants contained herein, the
parties agree as follows:
I. The Developer and Owner 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 2 I 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 1.82% of the building permit valuation at the
time of conversion. The fee for a condominium conversion &a11 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 and Owner 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 2 1 of the Carlsbad Municipal Code.
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 I above. If Developer and Owner offet
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 pall of this
agreement. Sites donated under this paragraph shall not include improvements required pursuant to
Icorm Approved 13~ (:rly C’o~mc~l luly 2. IYYI 3 I:01 Ill I %A
Resolution No. Y I-lY4/KJI I l’cr .I;IIIC Mohldi. I<cc 0 I ‘I I,%
687
Titles IS 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 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
ihe address as IIMI~ have been designated, postage prepaid and certified.
Frnm Approved by City (huncil Jul) 3. IO0 I
Itssolulion No. 9I-194/KJll
I~‘ornl I XA
Per Jane h4ohaldi, Item 0 I/ I I /Xi
‘.
: , 68s
*. 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.
Forin Approved I3y ( ‘it) C’ouilcil .iuly 2, I991
Ilesolution No. Yl- 194/K.ll I
1l)1.111 IX/\
I’cr .IillW MdXlldi, kc-v 0 l/l I /Oh
IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the
date first written above.
OWNER: CITY OF CARLSBAD, a municipal corporation
l&S&@/ A. LJ I 6
(print name) ATTEST:
By: APPROVED AS TO FORM:
(signature) RONALD R. BALL, City Attorney
(print name)
(title)
DEVELOPER:
sismv1A (ZuMWr7IO5 tc (name of developer)
Q4w 9kwv (print name)
v YhBwkidT ICC,
ZZtion of signatory)
By:
(signature)
(print name)
(Notarial acknowledgment of execution of
DiXELOPER and 0WN.R must be attached).
(President or vice president Am secretary or
assistant secretary must sign,for corporations. If
on!y one ofpcer signs, the corporation must
attach a resolution cert$ed b-y the secretary or
assistant secretarmy under corporate seal
empowering that ofJicer to hind the corporation).
(Jf signed by an idivihd partner. the
p(rrlnership mvst atttrch m .rla~cment oj
partnership authorizing Ihc ptrrlncr to execlrle
Ihi.v ir7strument).
(title and organization of signatory)
I~cbrm Apprwctf I3y (‘ill C’oIiitcil .luly 2, IW!
Ihwlulion No. 9 I - 104K.11 I
6 I‘WII I i;tI
I’Cr .I;I’!C \4011:11d1. I<:,\ (Ii, 1 I ‘Oh
.
69’)
EXHIBIT “A”
LEGAL DESCRIPTION
THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN
BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, ACCORDING TO THE UNTIED STATES GOVERNMENT
SURVEY.
EXCEPTING THEREFROM THE NORTH ONE-HALF OF THE WEST ONE-HALF
OF THE SOUTH ONE-HALF OF THE SOUTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF SAID SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4
WEST.
ALSO EXCEPTING THEREFROM A TWENTY FOOT STRIP OF LAND LYING
SOUTHERLY, PARALLEL AND ADJACENT TO THE SOUTH LINE OF THE
NORTH HALF OF THE WEST HALF OF THE SOUTH HALF OF THE SOUTH-
WEST QUARTER OF FRACTIONAL SECTION 22, TOWNSHIP 12 SOUTH, RANGE
4 WEST SAN BERNARDINO MERIDIAN, SAN DIEGO COUNTY, STATE OF
CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY.
I~orm Approvccl By City ~‘ouncil July 2. IWI 7
Ibx~lu~io~~ No. 9 I - I94/KJI I
I~orm IXA
I’u Ji111c h4obddi, Rev. Olil l/90
: . . , . .
*,
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. 691
A
a. STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
011 4+?]% before me, aw A wmwe )3 p . * w
Notary Public, personally appeared ~~~~ 7 Pk ersonally
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 authurized 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.
NOTARY PUBLIC. CALlFORNlA _
I~orni Approved I3y (‘ily (‘oimcil July 2. I WI
Ibxhhm No. 9 I- IW/K.ll I
1~(11.#11 I Y/I
I’cr I;I:IC Mt)l>;lltli. KC\ 01 !I ! ‘00
632
-
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
>
ss.
On \KJ- l-98 , before me, Gevcs& T!.- (2 T-ck~.B f Date Name and Title of Officer (e.g , “Jane Doe, Notary l%blic”)
personally appeared LL3QSkY Lc3 l’tt
Name(s) of Signer(s)
0
Ff)
ersonally known to me
proved to me on the basis of satisfactory
evidence
Notay Public - Calif-
to be the person@ whose name&j is/$&
subscribed to the within instrument and
acknowledged to me that he/sj@/t?@y executed
the same in his/~/ttj@r authorized
capacWpS), and that by hislt&r/tj%ir
signature&J on the instrument the person& or
the entity upon behalf of which the person%)
acted, executed the instrument.
Place Notary Seal Above
WITNESS my hand and official seal.
h.934
Signature of Notary Public
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: u\o\\C -&AA~es ca, r3, Y\w-AJ
Document Date: 10 -4-e Number of Pages: g
Signer(s) Other Than Named Above:
0 Corporate Officer - Title(s):
0 Partner - 0 Limited 0 General
0 Attorney in Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing:
Capacity(ies) Claimed by Signer
Signer’s Name:
0 Individual
Q 1997 National Notary Association * 9350 De Soto Ave. PO Box 2402 * Chatsworth, CA 91313.2402 Prod. No. 5907 Reorder: Call Toll-Free l-600-876-6827