HomeMy WebLinkAboutCUP 184A; Daniels Cablevision and Costa Real Municipal Water; 90-108898; Public Facilities Fee Agreement/Release- .- i-- - -_
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‘1 RECGRDING REQUESTED BY AND
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CITY OF CARLSBAD
1200 Elm Avenue Carlsbad, California 92008
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Space above this line for Recox&‘s use
Parcel No. 169-230-02
AGREEMENT BETWEEN OWNER, DEVELOPER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into lis 5th day of February ,
19 90 by and between DANIELS CABLEVISION INC
(Name of Developer)
a CORPORATION (Corporation, partnership, etc. )
, hereinafter referred to as
“Developer” whose address is 5720 EL CAMINO REAL (Street)
CARLSBAD CA 92008 (City, State, Zip Code)
and -AT, WER naIc”‘J (Name of Legal Owner)
a , hereinafter referred to as
(individual, Corporation, etc.)
“Owner” whose address is 595f-l FIT. rAMTNT) RFIAT. (Street)
CARLSBAD CA 92008
(City, State, Zip Code)
AND
the CITY OF CARLSBAD, a municipal corporation of the State of California,
hereinafter referred to as “City”, whose address is 1200 Elm Avenue, Carlsbad,
California, 92008.
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RECITALS
WHEREAS, Owner is the owner of the real property described on
Exhibit “A”; attached to and made a part of this agreement, hereinafter
referred to as “Property”; and
WHEREAS, The Property lies within the boundaries of City; and
lease WHEREAS, Developer has contracted with Owner to Rti-2 the
Property and proposes a development project as follows: PFI FENCE AND TREES
on said Property, which development carries the proposed name of
and is hereinafter referred to as “Development”; and
WHEREAS, Developer filed on the 6th day Of Fehrmry I
19 90, with the City a request for VARIENCE TO FENCE HEIGHT LIMIT.
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 28, 1987, 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
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+’ . . . 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 and Owner are
aware that the City cannot and will not be able to make any such findings
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.
NOW, THEREFORE, in consideration of the recitals and the convenants
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 useIt as used in this agreement, except in reference to mobile home 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.
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a- . ,Developer and Owner shall pay the City a public faciltties fee in the sum of
. I
$1,150 for each mobile home 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
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.
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.
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5. City agrees 1446 to provide upon reques r asonable assurances to
enable Developer and Owner 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 Requests
made by Developer are 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 by 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 may have been
designated, postage prepaid and certified.
8. This agreement shall be binding upon and shall ensure to the
benefit of, and shall apply to, the respective successors and assigns of
Developer, Owner and the City, and references to Developer, Owner or City
herein shall be deemed to be references 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
of Developer’s interest in the property shall have first assumed in writing the
Developer’s obligations hereunder.
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1 . 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.
IN WITNESS WHEREOF, this agreement is executed in San Diego
County, California as of the date first written above.
OWNER:
Robert J. Greaney, P.E.
(Signature)
(Name)
(Signature)
ATTEST :
APPROVED AS TO FORM:
VINCENT F. BIONDO, JR., z,u.90
City Attorney
DEVELOPER: Daniel E. Farey
Technical Operations Manager Daniels Cablevision, Inc.
BY
TITLE
CITY OF CARLSBAD, a municipal
corporation of the
For City Manager y
(Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.)
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ACKNOWLEDGMENT
State Of Califok 1
1 88.
County of San Diego 1
On this 5th day of Febm& , 19%), before me,
the undersigned, a Notary Public in and for said County and
State, personally appeared Dan Farey
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the Technical tierations MX of ,
Daniels Cablevision-,~Im.the c-any = that executed the within
instrument, and acknowledged to me that such =Poraticm.;: executed
the same, c>’ t 4
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WITNESS my hand and official seal.
CI:-TIcIr\T, SEAL
TONY KRINER
NOTARY I’UOLK - CALIFORNIA
SAN DIEGO COUNTY My comm. expires JAN 8. 1991
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' ,. Rotary Acknowledgement for Agreement Between Carlsbad Municipal Water District, Daniel's Cablevision and the City of Carlsbad for the Payment of a Public Facilities Fee
State of California )
1 ss County of San Diego )
On this 5th day of February, in the year 1990, before me, the undersigned, a notary public in and for said state, personally appeared Robert J. Greaney, personally known to me to be the person who executed this instrument as General Manager of Carlsbad Municipal Water District and acknowledged to me that the public corporation executed it. briefs-., -r-z -2-z \/ ly ‘,I ; ,.--,“7
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(Signature ovNotary
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(Seal of Notary)
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. . *c l-34 . . . . 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:
THAT PORTION OF LOT "C", RANCH0 AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1986, DESCRIBED AS FOLLOWS:
BEGINNING AT POINT 3 OF SAID LOT"C"; THENCE NORTH 89"49'02"
EAST 917.02 FEET; THENCE NORTH 70"32'41" EAST 227.59 FEET;
THENCE NORTH83'23'44" EAST 683.87 FEET; THENCE SOUTH 25"17'
26" EAST 263.64 FEET TO THE BEGINNING OF A TANGENT 250 FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE SOUTHEASTERLY AND
SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
57'57'46" AN ARC DISTANCE OF 252.91 FEET; THENCE TANGENT
TO SAID CURVE SOUTH 32"40'20" WEST 172.88 FEET; THENCE
SOUTH 45'40'01" WEST 133.42 FEET TO A POINT ON A 330
FOOT RADIUS CURVE, CONCABE SOUTHEASTERLY, A RASIAL LINE
OF SAID CURVE BEARS SOUTH 57"19'40" EAST FROM SAID POINT;
THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 20'11'39" AN ARC DISTANCE OF 116.31 FEET; THENCE TANGENT TO SAID CURVE SOUTH 12'28'41" WEST 274.34 FEET .
TO THE THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF SOUTH 44'29'44" WEST 131.87 FEET TO THE BEGINNING OF A TANGENT 220 FOOT RADIUS CURVE, CONCAVE NORTH- WESTERLY; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 56'11'22" AN ARC DISTANCE OF 215.75 FEET; THENCE TANGENT TO SAID CURVE NORTH 79'18'54" WEST 118.09 FEET TO THE BEFINNING OF A TANGENT 280 FOOT RADIUS CURVE,
CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 37'46'9" AN ARC DISTANCE OF
184.58 FEET; THENCE TANGENT TO SAID CURVE SOUTH 62'54'57"
WEST 252.19 FEET; THENCE NORTH 86'43'41" WEST 608.04
FEET; THENCE SOUTH 45'2'33" WEST 179.96 FEET TO THE WEST
LINE OF SAID LOT "C"; THENCE NORTH 00'32'00" WEST ALONG SAID WEST LINE OF LOT "C" 1410.23 FEET TO POINT OF BEGINNING, SAID WEST LINE OF LOT "C" BEING THAT SHOWN ON
RECORD OF SURVEY 517 AS SOUTH 0'32' EAST, 2655.2 FEET
BETWEEN POINTS 2 AND 3 OF LOT "C" (WHICH ARE ALSO POINTS
13 AND 14 OF LOT !'B") IN RANCH0 AGUA HEDIONDA.