HomeMy WebLinkAboutCT 98-21; MSK Management Inc and MSK Development Group; 1999-0195046; Public Facilities Fee Agreement/Releasemc ” 1999-0195046
RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: )
City Clerk ; CITY OF CARLSBAD
1200 Carlsbad Village Drive ; Carlsbad, California 92008- 1989 )
MAR 259 1999 2:57 FM
cFFICIk RECOADS
8246 SAN DIEGO COUNTY KC(lRDER’S OFFICE GREGORY J. SHITH, COUNTY RECORDER FEES: 34.00
Space above this line for Recorder’s use
AGREEMENT BETWEEN OWNER, DEVELOPER
AND THE CITY OF CARLSBAD FOR THE .
PAYMENT OF A PUBLIC FACILITIES FEE
FOR OUTSIDE THE BOUNDARIES OF CQMMUNITY FACILITIES DISTRICT NO. 1
Parcel No. 167-070-04
THIS AGREEMENT is entered into this 2 3 day of December ,I9987
DBA
byandbetween (nameofdeveloper) MSK Management, Inc.. MSK Develo,pment Group
a (corporation, partnership, etc.) CorDorat i on , hereinafter referred to as “Developer”
whoseaddressis(street, city, state,zipcode) 5142 Avenida Encinas, Carlsbad, CA
92008 ‘and (name of legai owner) Hisashi and Kiyome Honda,
a (individual, corporation, etc.) Trustees , hereinafter referred to as “Owner”
. whose address is (street, city, state, zip code)5 147 &vet3 I aa rncAs , cm , CA
92008
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.
I i“- . . .
Form Approved By City Council July 2, 1991
Resolution No. 91-194/KJH
1 Form 18
Per Jane Mobaldi, Rev. 01/l l/96
*+33 CT %a/
.
. .
-
8247
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 Owner to purchase the property and proposes a
development project as follows: nine single family dwelling units
on said Property, which development carries the
proposed name of Seaview
and is hereafter referred to as ‘Development”; and
WHEREAS, Developer filed on the day of J 19 -7 with the
Cityarequestfor Tentative Subdivision Map, Hillside Development Permit
and Environmental Impact Assessment
-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, 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 Owner 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; but the
Developer is aware that the City cannot and will nofbe 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.
Form Approved By City Council July 2, 1991
Resolution No. 91-194/KJH
2 Form 18
Per Jane Mobaldi, Rev. 0111 l/96
8243
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”, “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.
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
, .p- offer. The time for donation and amount of credit &ainst 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
Form Approved By City Council July 2. 1991 3 Form 18
Resolution No. 91-194/KJH Per Jane Mobaldi, Rev. 01/l l/96
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 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, enoI&ed 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, 1991
Resolution No. 91-194/KJH
4 Form 18
Per Jane Mobaldi, Rev. 01/l l/96
- -
,
-1 8250
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
Resolution No. 91-194/KJH
Form 18
Per Jane Mobaldi, Rev. 01/l l/96
.
IN WITNESS WHEREOF, this agreement is executed in San Diego County. California as of the
date first written above.
OWNER:
By:
(Signatur
(print name)
(title)
Bv:
(signature)
(print name)
(title)
DEVELOPER:
&9&k&V &&q (name of developer)
(title and organization of signatory)
By:
(signature) -
-lb nnc, CL);t$Or7
(print name)
(title and organization of s gnatory)
Form Approved By City Council July 2, 1991
Resolution No. 91-194IKJH
6
CITY OF CARLSBAD, a municipal corporation
ATTEST:
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
(Notarial acknowledgment of execution of
DEVELOPER and OWNER must be attached).
(President or vice president Am secretary or
assistant secretary must sign for corporations. Ij
only one oflcer signs, the corporation must
attach a resolution cert$ed by the secretav or
assistant secretary una’er corporate seal
empowering that o&er to 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 18
Per Jane Mobaldi, Rev. 01/l 1196
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:
A PORTION OF LOT “J” OF THE RANCH0 AGUA HEDIONDA, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
PARTITION MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16,1896 DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT “J” MARKED BY A 6 INCH
GALVANIZED IRON PIPE FILLED WITH CEMENT; THENCE NORTH 23 ’ 33’ WEST
ALONG THE SOUTHWESTERLY BOUNDARY LINE OF SAID LOT “J” A DISTANCE OF
179.37 FEET TO A POINT ON THE NORTHERLY LINE OF THE COUNTY ROAD AS
SHOWN ON LICENSED SURVEYOR’S MAP NO. 441, THENCE CONTINUING NORTH
23 ’ 33’ WEST ALONG THE SOUTHWESTERLY BOUNDARY LINE OF SAID LOT “J” A
DISTANCE OF 35 1 .OS FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH
23 ’ 33’ WEST ALONG THE SOUTHWESTERLY BOUNDARY LINE OF SAID LOT “J” A
DISTANCE OF 295.92 FEET; THENCE NORTH 66 ’ 26’40” EAST 555.20 FEET TO THE
EASTERLY LINE OF THE LAND CONVEYED TO LEWIS D. CRAIG AND BERNICE B.
CRAIG, BY H.E. ELLERY, ADA E. ELLERY AND ELIZABETH S. NEVIN, ACCORDING
TO DEED RECORDED IN BOOK 2074, PAGE 307 OF OFFICIAL RECORDS OF SAN
DIEGO COUNTY, CALIFORNIA; THENCE SOUTH 23 ’ 19’10” EAST ALONG SAID LAST
MENTIONED EASTERLY LINE A DISTANCE OF 298.20 FEET TO THE NORTHEAST
CORNER OF LAND CONVEYED TO GRACE B. ROE, BY LEWIS D. CRAIG AND
BERNICE CRAIG, ACCORDING TO DEED RECORDED IN BOOK 2266, PAGE 396 OF
OFFICIAL RECORDS OF SAN DIEGO COUNTY, CALIFORNIA; THENCE ALONG THE
NORTHERLY LINE OF SAID ROE LAND; SOUTH 66 ’ 40’50” WEST A DISTANCE OF
323.03 FEET TO THE NORTHWEST CORNER THEREOF; THENCE ALONG THE
WESTERLY LINE OF SAID ROE LAND SOUTH 23 ’ 19’ 10” EAST A DISTANCE OF 322.13
FEET TO THE SOUTHWEST CORNER OF SAID ROE LAND, BEING A POINT IN A
CURVE ON THE AFOREMENTIONED COUNTY ROAD CONCAVE TO THE SOUTH AND
HAVING A RADIUS OF 326.09 FEET, SAID RADIUS HAVING A BEARING OF SOUTH
ll”28’49” EAST; THENCE WESTERLY ALONG SAID CURVE THROUGH AN ANGLE OF
4’ 27’28” A DISTANCE OF 25.37 FEET TO A POINT ON SAID CURVE WHOSE RADIUS
IS 326.09 FEET, SAID RADIUS HAVING A BEARING OF SOUTH 15 ’ 57’ 17” EAST;
THENCE NORTH 23 ’ 19’ 10” WEST A DISTANCE OF 3 17.9 1 FEET; THENCE SOUTH
66 ’ 40’50” WEST A DISTANCE OF 205.97 FEET TO THE TRUE POINT OF BEGINNING.
Form Approved By City Council July 2. 1991
Resolution No. 91-194/KJH
7 Form 18
Per Jane Mobaldi, Rev. 01/l l/96
CiLIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 8253
No. 5907
Stateof ? LA,\ 0~ ii,
Countyof Y.LL~~%\~~Q
On%, t ,.,,&v~ 9, \Y\< before me,%~ Att’M‘\o-Y c C, & I
DATE NAME, TITLE OF OFFICER _ E.G., -JANE DOE, NOTARY PUBLIC
personally appeared \\u, b i% F \LLL\C f
NAME(S) OF SIGNER(S)
q personally known to me - OR - @ proved to me on the basis of satisfactory evidence
to be the person($) whose name@) ware
subscribed to the within instrument and ac-
knowledged to me that he@e/they executed
the same in his/h&/their authorized
capacity(F), and that by his&&/their
signature($) on the instrument the person@),
or the entity upon behalf of which the
person($) acted, executed the instrument.
WITNESS my hand and official seal.
-.‘ ._ ..\ ~ ]A --Q q\
SIGNATURE OF NOTARY
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
sd INDIVIDUAL
0 CORPORATE OFFICER
TITLE(S)
DESCRIPTION OF ATTACHED DOCUMENT
k-T LA,, ‘G c LA&&J byi;,
CflTLE OR TYPE OF DOCUMENT
17 PARTNER(S) 0 LIMITED q GENERAL K T{
0 ATTORNEY-IN-FACT NUMBER OF PAGES
0 TRUSTEE(S)
8 W;~IAN/CONSERVATOR
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTIN(IES)
SIGNER(S) OTHER THAN NAMED ABOVE
Q1993 NATIONAL NOTARY ASSOCIATION l 8236 Remmet Ave., P.O. Box 7164 l Canoga Park, CA 91309-7164
STATE OF CALIFORNIA 8251
COUNTY OF SAN DIEGO
On December 2, 1998 before me, Catherine I. Netto, Notary Public
Notary Public, personally appeared Joseph A. Gal 1 aaher , [X] 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/she/they
executed the same in his/her/their author&d 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.
WITNESS my hand and offkial seal.
Form Approved By City Council July 2, 1991
Resolution No. 91-194/KJH
8 Form 18
Per Jane Mobaldi, Rev. 01/I l/96
All Purpose Acknowledgment 8255
State of California )
County of San Diego ) ss.
8 before me, Daniel A. Friedlander, notary public, personally
appeared g!7w4% c-, WlL5or3 -
Cl personally known to me, or
p proved to me on the basis of substantial 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 by his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or entity upon behalf of which the person(s) acted, executed the
instrument.
Witness my hand and official seal.
h-
Notary Public
The original document contains security features in fhe signature block and seal area.
DANIEL A. FRIEDLANDER Notary Public l 5431 Avenida Encinas Suite J l Carlsbad CA 92009 l (760) 438-4090 l (760) 599-6710