HomeMy WebLinkAboutCUP 255; Villas de Carlsbad Ltd; 84-292093; Public Facilities Fee Agreement/Release1 ‘,I *)_ 1 8HExm93 . . * , RECCRDING REQUESTED BY AND ‘, 2047
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CITY OF CARLSBAD-
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1200 Elm Avenue %I4 AIJG - I /q,j 10: o4
Carlsbad, California 92008
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Signature of declarant determlnlng
tax-firm name
City of Carlsbad
Parcel No. is-c-272--- /7
AGREEMENT BETWEEN OWNER, DEVELOPER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this 26t&ay of June , 19 84
by and between .
Villas de Carlsbad, Ltd. (formerly known as Kearny Villa Way, Ltd.)
(Name of Developer)
a Limited Partnership , hereinafter referred to as
(Corporation, partnership, etc.)
"Developer" whose address is 1060 Eighth Ave., Ste. 405
(Street) San Diego, CA 92101
(CltYs State, Zip Code)
and Villas de Carlsbad, Ltd. (formerly known as Kearny Villa Way, Ltd.)
(Name of Legal Owner)
"Owner" whose addteas is
,&hereinafter r%-Fq a Limited Partnership
(Corporation, etc.)
San Dieso. CA 92101
(CltY, 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 20;s .
WHEREAS, Qwner is the owner of the real property described on
Exhibit “A”, attached to and made a part of this agreement, and
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 91 Unit
Senior Housing Project
on said Property, which development carries the proposed name of
Villas de Carlsbad
and is hereinafter referred to as “Development”; and
WHEREAS, Developer filed on the 25th day of June , .
19 84 , with the City a request for Conditional Use 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 incorporated by this reference); and
WHEREAS, Developer, Owner and City recognize the correctness of
Council Policy No. 17 dated April 2, 1982, 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 faci.lit&es and services will be available to meet the future
needs of th,e 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
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 2% 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 exiating
building or structures into condominiums in an amount not to exceed 2%
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 construct ion
permits” , “other construction permit” and “entitlement for use” as
used in this agreement, except in reference to mobilehome sites or
.
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‘a projects, shall not refer to grading permits or other permits for the
construction o5 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 to 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 v
obligation agreed upon in Paragraph 1 above, If Developer and Owner
offers 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 cqnstruction permit or entitlement for use shall be issued
until the public facilities fee required by this agreement is paid.
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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 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 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 depoaiting 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.
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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 the City, and references to Developer, Owner
or City herein shall be deemed to be 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 of 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 w
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 on the Property. When the obligations of this
agreement have been satisfied, City shall record a release.
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. . IN WITNESS WHEREOF, this agreement is executed in San Diego
County, Califo?nia as of the date first written above.
.
OWNER:'
VILLAS DE CARLSBAD, LTD.
(formerly known as Kearny Villa Way, Ltd.)
1060. Eighth Avenue,. Ste. 405
x7 BY ~~
c
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Daniel A. Moriarty, General Part
ATTEST: , .
ALETHA L.
City Clerk
DEVELOPER:
VILLAS DE CARLSBAD, LTD.
(formerly known as Kearnj Villa Way, Ltd.
1060 Eighth Ave., Ste. 405 CA 97101 /.&
William M Chance
Daniel A. Moriarty TITLE1
CITY OF CARLSBAD, a municipal
corporation of the
State of California -.
BY
City Manager
APPROVED AS TO FORM:
' VINCENT F. BIONDO, JR., . City Attorney
' (Notarial acknowledgement of execution by DEVELOPER and OWNER must be
attached.)
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STATE OF CALIFORNIA
COUNTY OF SAN DIEGO t
ss. ON JULY 18, ,19 84
before me, the undersigned, a Notary Public in and for said State, personally appeared WILLIAM M. CHANCE and DANIEL A. MORIARTY
omclMsEM JANET K. KRlJQlER
wawRuk-caNom& SAN OIEQO COUJW
------------------------------------- , known to me,
to be 2 of the partners of the partnership that executed the within instrument, and acknowl-
edged to me that such partnership executed the same.
WITNESS my hand and official seal.
Janet K. Kruaer
NAME (TYPED OR PRINTED) Notary Public in and for said State.
PARTNERSHIP ACKNOWLEDGMENT FORM 7130 Ml NATIONAL NOTARY ASSOCIATION l 23012 Vmlum Blvd. l Woodland Hills, CA 91364
STATE OF CALIFORNIA 1
COUNTY OF SAN DIF6t-l \
ss. ON JULY 16, 3 Km--, before me, the undersigned, a Notary Public in and for said State, personally appeared WILLIAM M. CHANCE and DANIEL A. MORIARTY --------------------------------
to be 2
, known to me,
of the partners of the partnership that executed the within Instrument, and acknowl-
edged to me that such partnership executed the same.
WITNESS my hand and official seal.
Janet K. Kruqer
NAME (TYPED OR PRINTED) Notary Public in and for said State.
PARTNERSHIP ACKNOWLEDGMENT FORM 7130 041 NATIONAL NOTARY ASSOCIATION l 23412 Ventura Blvd. l Woodland Hills. CA 91364
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EXHIBIT "A"
LEGAL .DESCRIPTION
LEGAL DESCRIPTION ORDER NO. 878695-2
The land referred to herein is situated in the State of California, County of
San Diego, and is described as follows:
All of the West Half of the Southwest Quarter of the Northeast Quarter, of the
Northwest Quarter and that portion of the East Balf of the Southeast Quarter of the Northwest Quarter of the Northwest Quarter of Section 6, Township 12 South, Range 4 West, San Bernardino Base and Meridian,.in the City of Carlsbad, County
of San Diego, State of California, according to the Official Plat thereof, lying
Westerly and Southwesterly of the Southwesterly, line of the land described in
Deed to the State of California, recorded June 12, 1970 as File No. 101788 of
Official Records.
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