HomeMy WebLinkAboutCUP 96-13; Palomar LLC; 1996-0424780; Public Facilities Fee Agreement/Release- . .
BY AND )
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Drive
Carlsbad, California 920081989
169 DDC # 199~-~4~4780 Zl-AUG-1996 lo:33 AM
OFFICIflL RECORDS SM DIEGO COUHTY RECDRDER’S OFFICE
28.00
Space above this line for Recorder’s use
Parcel No. 212-092-06
,AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
FOR INSIDE THE BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 1
THIS AGREEMENT is entered into this June 28 day of ,1996,
by and between Palomar, LLC
(name of developer-owner)
a Nevada 1 imited 1 iabil ity company, hereinafter referred to as “Developer” whose address
,’ (corporation, partnership, etc.)
is P.O. Box 15163, Las Vegas NV 89114
(street) (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 Carlsbad Village Drive, Carlsbad, California, 920081989.
WITNESSETH:
WHEREAS, Developer 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
Form Approved
By City Council July 2, 1991
Reso # 91-194iKJH
1 Form 17A
per Jane Mobaldi, Rev 01/l l/96
cop T&-l3 w
* - -
. \ 6 170 ,
WHEREAS, Developer proposed a development project as follows:
an approximate 700 unit self storage facility
Property, which development carries the proposed name of
on said
C&bad/&Dort Self StoraPe
hereafter referred to as “Development”; and
WHEREAS, Developer filed on the 28 day of June
with the City a request for a conditional use permit
and is
3 N!L,
“Request”; and
hereinafter referred to as
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 has 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 proposes 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:
Form Approved
By City Council July 2, 1991
Reso # 91-194KJH
2 Form 17A
per Jane Mobaldi, Rev 01/l I/96
1. The Developer 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 21 of the Carlsbad Municipal Code. Developer shall pay a fee for conversion 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 I’, “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 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 21 of the Carlsbad Municipal Code.
2. The Developer 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 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.
Form Approved
By City Council July 2, 1991
Reso # 91-194KJH
3 Form 17A
per Jane Mobaldi. Rev 01/l l/96
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.
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
Fom Approved
By City Council July 2, 1991
Reso # 91-194KJH
4 Form 17A
per Jane Mobaldi, Rev 01/I 1196
Developer at the address as many have been designated, postage prepaid and certified.
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 and City, and references to Developer
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.
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.
Form Approved
By City Council July 2, 1991
Reso # 91-194KJH
5 Form 17A
per Jane Mobaldi, Rev 0111 I/96
IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as
of the date first written above.
DEVELOPER-OWNER:
- - -- -
CITY OF CARLSBAD, a municipal corporation of the State of California
for City Manager Finance Grou Its Managing Member
Capital Finance Group
(print name)
ATTEST:
(title)
BY ALETHA L. RAUTENKRANZ, City Clerk
(signature)
(print name)
APPROVED AS TO FORM:
(title) RONALD R. BALL, City Attorney
(Notarial acknowledgement of execution of DEVEL.OPER and OWNER must be attached).
(President or vice-president and secretary or assistant secretary must sign for corporations. If only
one officer signs, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering that officer to bind the corporation.)
Form Approved
By City Council July 2, 1991
Reso # 91-194KJH
6 Form 17A per Jane Mobaldi, Rev 01/I l/96
.t ,/-- -
CALIFORNIA ALLPURPOSE ACKNOWLEDGMENT 1%
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
E $5 /446 before me, --/dO/ZV @’ flLqNotary Public 9 personally
appeared ~OLWLCO AtG%en/)/ , [ ] personally known to me - or [ ]
proved to me on the basis of satisfactory evidence to be the person@ whose name(g) is/m
subscribed to the within instrument and acknowledged to me that he/&&+ executed the same in
his/kt#eir authorized capacity+& and that by his/her+%& signature(%) on the instrument the
person($), or the entity upon behalf of which the person@ acted, executed the instrument.
WITNESS my hand and official seal. _
,
Form Approved
By City Council July 2, 1991
Reso # 91-194KJH
8 Form 17A
per Jane Mobaldi, Rev 01/l I/96
~ ,.
.
. .
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EXHIBIT “A
LEGAL DESCRIPTION
Lot 42 of Carlsbad Tract No. 81-46 Unit No. 2, in the City of Carlsbad, County of San
Diego, State of California, according to Map thereof No. 11288, fded in the Office of the
County Recorder of San Diego County, July 16,1985.
Excepting therefrom an undivided 50% interest of all oil, mineral, gas and other
hydrocarbon substances below a depth of 500 feet under the real property, without right
of surface entry as reserved by Carlsbad F&G-@~~~@rtnership recorded July 5, 1978 as
file No. 78-279 13 6 of Official Records.
Fom Approved
By City Council July 2 1991
Reso + 91.194KIH
7 Form 18r
per Jane Mobaldi, Rev W22/%