HomeMy WebLinkAboutCT 99-11; DR Horton San Diego Inc; 1999-0583083; Public Facilities Fee Agreement/ReleaseDOC # 1999-0583083 . .
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3103 GWG 241 1999 lo:46 #WI
RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO:
City Clerk .
CITY OF CARLSBAD
1200 Carlsbad Village Drive
Carlsbad, California 92008- 1989
1999-0583083
Space above this line for Recorder’s use
AGREEMENT BETWEEN OWNER, DEVEL&ER
AND THE CITY OF CARLSBAD FOR Tti
PAYMENT OF A PUBLIC FACILITIES FEE
FOR INSIDE THE BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 1
Parcel No. 222-010-44 (‘a portion)
THIS AGREEMENT is entered into this 15 day of April ,1999,
by and between (name of developer) D.R. Horton San Diego, Incorporated
a (corporation, partnership, etc.) corporation , hereinafter referred to as “Developer”
whose address is (street, city, state, zip code) 1010 South Coast Highway 101, Suite 101
Encinitas, CA 92024 and (name of legal owner) Continental Ranch, Inc.
a (individual, corporation, etc.) a Delaware corporation z hkreinafter referred to as “Owner”
whose address is (street, city, state, zip code) 2237 Faraday Avenue, Suite 100
Carlsbad, 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.
Form Approved By City Council July 2, 1991,
Resolution No. 91-194/KJH
1 Form 18A
Per Jane Mobal+, Rev. 01/l l/96
310‘4
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 p!operty and proposes a
&&#-it development project as follows: An 82hmultifamily condominium development on
approximately 5.3 acres on said Property, which development carries the proposed name of
Ranch0 Carrillo Village “L”
and is hereafter referred to as “Development”; and
WHEREAS, Developer filed on the 16 day of April , 19 99 with the -7
City a request for a Tentative Map, Condo Permit and minor Master Plan 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, 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-l 94/KJH
2 Form 18A
Per Jane Mobaldi, Rev. 01/l l/96
3105
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 comersion 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
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 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. 0111 l/96
3106
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 amenrent 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
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
3107
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.
. . .
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Form Approved By City Council July 2,1991
Resolution No. 91-194/KJH
Form 18A
Per Jane Mobaldi, Rev. 01/l l/96
.- ’ 3108
IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the
date first written above.
OWNER:
I By: -zkkxk& *
(Signkure)
Jc PAVrP A L . 0rF+-
(print name)
l4% p-5
(title)
By:
(signature)
(print name)
(title)
DEVELOPER:
CITY OF CARLSBAD, a municipal corporation
of the State of California
ATTEST:
LORRAINE M. WOOD, Deputy City Clerk
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
By:
(signature) (Notarial acknowledgment of execution of
DEVELOPER and OWNER must be attached).
(print name)
(title and organization of signatory)
By:
(President or vice president A* secretary or
m&ant secretary must sign for corporations. If
only one ofJicer signs, the corporation must
attach a resolution cer@ed by the secretary or
assistant secretary under corporate seal
empowering that ojker to bind the corporation).
(signature)
(print name)
(title and organization of signatory)
(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, 1991
Resolution No. 91-194/KJH
Form 18A
Per Jane Mobaldi, Rev. 01/l l/96
EXHIBIT “A”
LEGAL DESCRIPTION
RANCH0 CARRILLO VILLAGE "L", BEING A DIVISION OF ALL
THAT PORTION OF SECTIONS 18 AND 19, TOWNSHIP 12 SOUTH,
RANGE 3 WEST, SAN BERNADINO MERIDIAN, ACCORDING TO
'THE OFFICIAL PLAT THEREOF, IN THE CITY OF CAFLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA.
Form Approved By City Council July 2, 1991
Resolution No. 91-194/KJH Form 18A
Per Jane Mobaldi, Rev. 01/l l/96
. . . 3110
. STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On *& 1 l&j l*q before me, Gl’dk &vu-h
Notary public, personally appeared
known to me - or [ ] proved to me on the basis of satisfactory evidence to be the person++ whose
name@ is/are-subscribed to the within instrument and acknowledged to me that he/sh&thq
executed the same in hisk&thek authorized capacitycies), and that by his/he&k&r signaturw)
on the instrument the person@, or the entity upon behalf of which the person@ acted, executed
the instrument.
WITNESS my hand and official seal.
- (Signature of Notary)
Form Approved By City Council July 2, 1991
Resolution No. 91-194/KJH
Form 18A
Per Jane Mobaldi, Rev. 01/l l/96
3111
State of California
County of San Diego
On August 19, 1999 before me, Nancy A. Nemec, Notary Public, personally appeared
David A. Lother , personally known to me to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the same
in his authorized capacity, and that by his 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.
+d?&=-
Nancy A. Nemec, Notary Public