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HomeMy WebLinkAboutCUP 87-07; Costa Real Municipal Water District; 87-350267; Public Facilities Fee Agreement/Releasec -(i . . 87 -350267 . . . . 1 u 300 . RECORDING REQUESTED BY AND ) f!frlll<[:i:Ll irj * WHEN RECORDED MAIL TO: i I- -7 !:,f \: !:;I,“: [:;;,'1;'!!;'):; r! ': , . *' iIf: !.l;]ib(' ';, ., .,.. .t :,,I 1.1 , i. .l.. ( CITY OF CARLSBAD j 1200 Elm Avenue 1 Carlsbad, California 92008 ) Space above tnis line for Recorder's use -+&m-4 Signature of declarant determining tax-firm name City of Carlsbad Parcel No. 169-011-24 AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 20th day of tiy , 1987 by and between PacTel Cellular (Name of Developer) a California Corporation of Irvine, Californig hereinafter referred to as (Corporation, partnership, etc.) "Developer" whose address is 4777 Mercury Street / cc: Legal Dept. (Street)J San Diego, CA 92111 355 Main St., Irvine, CA 92714 (City, State, Zip Code) and Costa Real Municipal Water District (Name of Legal Owner) a Municipal Water District , hereinafter referred to as (Corporation, etc.) "Owner" WhOSe address is 5950 El Camino Real (Street) Carlsbad, CA 92008 (City, State, Lip 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 4-22-86 CUP s7y . . -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 boundariesl;fceC,ist,Y; and WHEREAS, Developer has contracted with Owner to @B@X&& the Property and proposes a development project as follows: facilitv Communications on said Property, which development carries the proposed name of PacTel Cell Site and is hereinafter referred to as "Development"; and WHEREAS, Developer filed on the 19th day of May , 19 87 , with the City a request for Conditional use permit for proposed communications facility 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, Owner and City recognize the correctness of Council pplicy No. 17, dated April 22, 1986, 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 4-22-86 WHEREAS, Developer and Owner have asked the City to find that publtc 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 financIa1 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 2.5% 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 anount not to exceed 2.5% 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 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 REV 4-22-86 ) *,‘. . - Y 4 .- . . I, i 303 I . shall pay the 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 obligation agreed upon in Paragraph 1 above. If Developer and Uwner 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 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 wnen the City Council determines the need exrsts to provide the facilities and sufficient funds from the payment of this and similar public facilities fees are available. -4. REV 4-22-86 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 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 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. REV 4-22-86 : -.. : - -, s ) 305 ‘I . 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: DEVELOPER: Costa Real Municipal Water District PacTe +l ular Scott Hovanson Thomas L. Brammel- General Manager 4 d (Name) TITLE Area Vice-President I (Sfgnature) c-1, BY (Mame) --.-e - TITLE -73T$iature) ------ ATTEST: CITY OF CARLSBAD, a municipal corporation of the . City Manager . APPROVED AS TO FORM: City Attorney (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) , -6- * REV 4-22-86 ‘ - STATE OF CALIFORNIA . ss. COUNTY OF SAN DIEGO *d ! 306 On this g/%ay of h? , 19 87 , before me (here - insert name and quality of the officer), personally appeared omA5 L I b/hmJ,/ , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument, and acknowledged that he (she or they) executed it. (signature of notaiy) sanDiesoTNstcsavi@w2k@j NOTARY ACKIWWLEDGEMENT CORPORATION STATE OF CALIFORNIA ss ’ COUNTY OF SAN OIEGO 1 On this ?@I!2 day of MY , in the year 1987 , before me, the undersigned, a Notary Public in and for said County and State, personally appeared ScottHoganson personally known to me for proved to me on the basis of satisfactory evidence) to bc -‘- 17-i .-a f+esident, and ‘* ******** personally known to me for proved to me on the basis of satisfactory evidence) to be the * * * * ** * Secretary of the corporation that executed this instrument on behalf of. the corporation therein named, and acknowledged to me that such corporation executed this instrument pursuant to its by-laws or a resolution of its board of directors. Witness my han c4 an official seal: n PAULETTE C. BLAJ NOTARY PUBLIC CALIFORNIA PWNCIPAL OFFICE IN SAN DIEGO COUNTY WY Commwon trp March II 1991 .’ . . . I - L . i ’ , v 307 EXHIBIT "A" LEGAL DESCRIPTION LEG AL DESCRIPTION All that portion of Lot VI?’ of Ranch0 Ague Hedionde, 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, 1896, described as follows: Beginning et point 3 of said Lot C n “; thence North 89*49’02l’ East 917.02 feet; thence North 70°32t41v1 East 227.59 feet; thence North 83*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 end Southwesterly along said curve through e central angle of 57*57’46” en erc distance of 252.91 feet; thence tangent to said curve South 32*40’20” West 172.88 feet; thence South 45*40’Oln West 133.42 feet to a point on 8 330 foot radius curve concave Southeasterly, a radial line of said curve beers South 57°19t40Tt East from said point; thence Southwesterly along said curve through e central angie of 20°11’39” en erc distance of 116.31 feet; thence tangent to said curve South 12”28’41” West 274.34 feet to the beginning of a tangent 220 foot radius curve concave Northwesterly; thence Southwesterly along said curve through e central angle of 32°01V03V1 an erc distance of 122.94 feet; thence tangent to said curve South 44*29’44” West 131.87 feet to the beginning of e tangent 220 foot radius curve concave Northwesterly; thence Southwesterly along said curve through e central angle of 56*11’22” en arc distance of 215.75 feet; thence tangent to said curve North 79°18V54n West 118.09 feet to the beginning of e tangent 280 foot radius curve concave Southeasterly; thence Southwesterly along said curve through e central angle of 37*46’09” en arc distance of 184.58 feet; thence tangent to said curve South 62*54lSP West 252.19 feet; thence North 86*43’41” West 608.04 feet; thence South 45°02’33n West 179.96 feet to the West line of seia Lot “C”; thence North 00*32’00” West along said West line of Lot “C” 1410.23 feet to the point of beginning, containing 51.87 acres, more or less; said West line of Lot “C” being that shown on Record of Survey Map No. 517 as South 0*32’ East, 2655.2 feet between Points 2 end 3 of Lot “Cn (which are also Points 14 end 13 of Lot “B”) in R encho Agua Hedionde.