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HomeMy WebLinkAboutCUP 255; Villas de Carlsbad Ltd; 84-292093; Public Facilities Fee Agreement/Release1 ‘,I *)_ 1 8HExm93 . . * , RECCRDING REQUESTED BY AND ‘, 2047 *I r- $:rgq-F j-J ifi .” - *‘I “1, .*WPEN RECORDED MALL TO: OFr.KziC.!* f;:::;--$i,c I CITY OF CARLSBAD- OF h4H L?I:L;c: L2k.R f [;>,, f 1200 Elm Avenue %I4 AIJG - I /q,j 10: o4 Carlsbad, California 92008 Space above this line for Documentary transf:r ta : u & No fee 40 EEE 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. REV 4-2-82 ‘., , \. , . , ,- 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 -2- REV 4-2-82 ‘9 . f *_ , . . ‘# L 2049 - . . * 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 . -3- REV 4-2-82 ). .^ . . ’ I- 2050 ‘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. -4- REV 4-2-82 \/ *, . . . . * 2051 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. -5- REV 4-2-82 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. -6- REV 4-2-82 , . . * . . 2053 ’ --- . . - -I . . . 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 kZU 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.) 1 I -7- REV 4-2-82 -. 4- 2054 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 ’ . ‘.L *.. .’ I_. , . , I. . ’ + - ‘. . ‘L 2055 - . 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. fs/ep/jdbk