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HomeMy WebLinkAboutCT 99-02; Fieldstone Communities Inc; 1999-0168980; Public Facilities Fee Agreement/Release. . . . -. ’ . DQC * 1999-0168980 7938 MAR 16s 1999 3:08 -PM oFFICh#L RECORDS SAN DIEGO CWNTY REGORDER’S OFFICE G&GORY J. SHITH~ CUfYYRECORlER FEES: . RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: ) 1 City Clerk > CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, California 92008 1989 _-_._ li^-----‘~~~~-.. Space above this line for Recorder’s use .? ) ,,/ i AGREEMENTBETWEEN OWNER, DEVEEQPER AND THE CITY OF CARLSBAD FOR T&E PAYMENT OF A PUBLlC FACILITIES FEE FOR INSIDE THE BOUNDARJES OF COMMUNITY FACILJTIES DISTRICT NO. 1 Parcel No. 214-I 50-l 7 THIS AGREEMENT is entered into this 7th day 0f January by and between (name ~fde~elope~) Fi.eldstone Communites, Inc. ,I999 . a (corporation, partnership, etc.) CoWoratiOn , hereinafter referred to as “Developer” whose address is (street, city, state, zip code) 5465 Morehouse Drive, Suite 250, c San Diego, CA 92121 and (name oflegal owner) Poinsettia Investors, LLC Limited Liability a (individual, corporation, etc.) CoWanY , hereinafter referred to as “Owner” whose address is (street, city, state, zip code) 2777, East: Camlback Road, Suite 150 I Phoenix, AZ 85016 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. . . . Form Approved By City Council July 2, 1991 Resolution No. 91-194/KJH Fom 18A Per Jane Mobaldi. Rev. 0111 I/96 h&o crci9 -0cs ‘. 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: 117 single family residential units on said Property, which development carries the proposed name of Poinsettia Properties Specific Plan; Planning Area 7 and is hereafter referred to as “Development”; and WHEREAS, Developer filed on the Tth day of January , 19 99 with the -3 City a request for a 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 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 not be 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 18A Per Jane Mobaldi, Rev. 01/f l/96 . *. - . .* 7990 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 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 1 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 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 s 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 IS,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 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 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 , Form Approved By City Council July 2, 1991 3 Form 18A Resolution No. 91-194/KJH Per Jane Mobaldi. Rev. 01/I 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 pubtic faciiities 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 r 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, 1991 Resolution No. 91-194/KJH 4 Form 18A Per Jane Mobaldi, Rev. 01/l l/96 ‘7992 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. . . . . . . c . . . . . . . . . . . . . . . . . . . . . . . . . . . Form Approved By City Council July 2, 1991 Resolution No. 91-194/KJH Form 18A Per Jane Mobaldi, Rev. 01/l l/96 - 7993 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 of the State of California By: bf>(,e 5. &I,&‘~ (print name) APPROVED AS TO FORM: RONALD R. BAL (title) DEVELOPER: Fieldstone Communities, Inc. (name of developer) Keith A. Johnson (print name) President, Fieldstone Communities, Inc. (title and organization of signatory) Jim Hansen (print name) Assistant Secretary, Fieldstone Communities, (title and organization of signatory) Inc. Form Approved By City Council July 2, 1991 Resolution No. 91-194/KJH 6 (Notarial acknowledgment qf execution oj DEFTELOPER and OWNER must be attached). (President or vtce president Am secretary or assistant secretary must sign for corporations. lf only one ofJicer signs, the corporation must attach a resolution cert$ed bv the secretary or assistant secretary under corporate seal empowering that ofJicer 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 18A Per Jane Mobaldi. Rev. 01/l l/96 . . - . . 7994 EXHIBIT “A” LEGAL DESCRIPTION ExliralT “ONE” Thos& portions of Lots 2 8nd 3 and the %st Half of Northeast Quarter in Section 29, Township 12 South. RanQs 4 West, San Bernardino Meridian, h tha City of Catlsbad, County of San Diego, State of California, according to Official Plat rhoreef, described as follows: Commencing at the Nardwkasr Corner Of said Section 29 as shown on Map No. 7476, filed in the Office of the County Recorder in said County: thence along the East Section line of said Section 29 South OO38’14” West 1359.00feet to a point on f&g proiongaticn of the North boundary line of said Lo: 2: thence along said prolongation North 89a27r20” West 1345.52feet to a point on the Southwesterly right-of-way line of a 260.00 foot right-of-w8y of the At&son Topeka and Santa Fe Railroad, said point alao being the True Point of Beginning: thence along said right-of-way line South 20°29*04m East 1673.44feet to a point an the Northerly 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. 74-2276000f Official Records; thenca along s&i Northerly right-of-way line South 76°S6’54” West 495.69 feet to a point on ther EIEcccrly right-of-way line of the State Hihway as described in Parcel 6A of Find Order of Condemnadon in Superior Court of San DSego County, Case MO. lSS963, a copy of which being record&d Apr5 23,1962 in Book 4444, Page 395 in the Officlr of Thor Cnunty Recorder In said County; thence along said Easterly right-of-way fkre North $9*09’02’ _ West 1652.37 feet to the beginning of a tangent 19,646.OO focrt radius curve concave Easterly; thence Northerly along the arc of said curve through a central amk of OO”22’36*, a distance of 130.47 feet to a point on said North bound&q! line of said Lot 2; thence along said boundary line South 99O27’20” East 482.20 feat to the True Point of Beginning. Excepting therefrom all oil, and mlnetal rfghts below SO0 feet without right of surface entry as reserved by A.L. Shipley, Jr. Conservator of the Estate of George H. Capron in Deed recorded June 30, 1969 as File No. 116906 and re-recorded July 23. 1969 as File No. t 32460, both of Official Records. Assessors Parcel No: 214-l 50-l 7 Form Approved By City Council July 2, 1991 Resolution No. 91-194/KJH 7 Form 18A Per Jane Mobaldi, Rev. 01/I 1196 STATE OF CALIFORNIA COUNTY OF SAN DIEGO L. ‘3. \49’h before me, Ti&t,n 4. Izish.ulc5 Notary Public, personally appeared &a\$ t [ a<\‘,~ 5. G*;& . [ ] personally known to me - or [ ] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/@ubscribed to the within instrument and acknowledged to me that he/sh@ executed the same in his/heauthorized capacity(ies), and that by his/her/@ignature(s) on the instrument the person(s), or the entity upon behalf of which t&e 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 Form 17A Per Jane Mobaldi. Rev. 0 I/I I /9h C . STATE OF CALIFORNIA COUNTY OF SAN DIEGO On /-? /-h f before me, fl/,t~ ,W 5 A-rC..E-zl@ Notary Public, personally appeared ,&--,TH p , ~-a,++~~~ P- J-I~ ,qA&rr’~, c/I personally known to me - or [ ] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) i@ subscribed to the within instrument and acknowledged to me that he/she executed the same in hisk~authorized capacity(ies), and that by his/her 0 eir ignature(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 ofRcia1 seal. Form Approved By City Council July 2, 1991 Resolution No. 9 1 - 194/KJH Form 18A Per Jane Mobaldi, Rev. 01/l l/96