HomeMy WebLinkAboutGPA 59D; Carrillo Rancho Partnership; 81-305687; Public Facilities Fee Agreement/Releaseb 1
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1105 t1m Ave.
Carl stxid, CA 92008
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AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE 186l:&j3S
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this 3RDda$ of
19 81 , by and between CARRILLO RANCH0 PARTNERSHIP
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(name of developer-owner)
a partnership ,hereinafter referred to as TCorporatEn, partnership, etc.)
c/o White & Robinson, "Developer", whose ,address is 600 "B" Street, Suite 2050. I (street)
San Diego, California 92101 (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.
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
WHEREAS, Developer proposes a development project as follows:
&M$MMt ~~,X19~XPBlC116XX;16~X~~WC~~XE~~XLBB~ General Plan Amendment beincr
submitted for Ranch0 Carrillo by this owner in conjunction with the
other property owners. This area is shown as PI-PM Light Industrial
as set forth on Exhibit "C" attached hereto.
4MAR 80
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on said Property, which development carries the proposed name
of Ranch0 Carrillo
and is hereafter referred to as "Development"; and
WHEREAS, Developer filed on the 3rd 'day of August I
1981 , with the City a request for -mmmm
B General Plan Amendment being submitted for Ranch0 Carrillo
by this owner in conjunction with the other property owners. kw59J
(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 August 29, 1979, 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 th e 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
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to help satisfy the General Plan as implemented by Council Polioy
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 shall pay to the City a public facilities
fee in an amount not to exceed 2% of the building permit valuation
of the buildings 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 develop-
ment 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. A credit toward such fee shall be given for land which has
been dedicated for park purposes or for any fees paid in lieu
thereof pursuant to Chapter 20.44 of the Carlsbad Municipal Code.
Developer shall pay a fee for convers!.on of existing buildings 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 construction
permits", "other construction permit" and "entitlement for use" as
. used in this agreement , exceptin 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
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the development is intended. Developer shall pay to City a public
facilities fee in the sum of $1,150 for each mobilehome space to be
constructed pursuan; 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. A credit toward such fee shall be given
for land which has been dedicated for park purposes or for any fees
. paid in lieu thereof pursuant to Chapter 20.44 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 agree-
ment. 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
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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 pa'id.
' 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
described.
6. All obligations
the needs of the Development herein
hereunder shall terminate in the event
the Requests i,lade 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
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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 inure to
the benefit of, and shall apply to, the respective successors and
assigns of Developer and the City, and references to Developer
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.
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, California as of the date first written above.
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DEVELOPER-OWNER: CITY OF CARLSBAD, a municipal ' corporation of the State of California
City Manager
ATTEST:
APPROVED AS TO FORM
VINCENT F. BIONDO, JR..,, . City Attorney
(Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.)
7.
STATE OF CALIFORNI.4
COUNTY OF-San Diego > ss.
On July 28, 1981
before me, the undersigned, a Notary Public in and for said County
and State, personally appeared-.-&I . . and Alvin D. Xlsbn
known to me
to be two of the partners of the partnership
that executed the within instrument, and acknowledged to me that
such partnership executed the same.
8 SAFECO
FOR NOTARY SEAL OR STAMP
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1 OFFICIAL SEAL
IRENE EVANS
NOTARY PUBLIC . CALIFORNIA
Principal Office, San Diego Co. Calif.
2 My Commissjon Exp. Aug. 2, 1981
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,, . EXHIBIT "A" . '. . * .
. LEGAL DEiCRIPTIOK .
That portion.of the.South Half .of Section i8, Township 12 South, : . . . . Range 2 West, 'San'Bernardino.Meridian; according to Official Plat ' ,', " thereo-f, in the City of Carlsbad, County-of 'San Diego; State of ', . California cl'escribed as follows: . : .
Beginning at the Northwest co.rner'-of Lot.3 of said Section 18) 1 *. .thence South 89'27'41" Bask along the East-West 'centerline.of said Section 18 a distance of 4435.9.6 feet (Record South ,89O59'33" East 4436.05 feet per Record‘of Survey No. 6416) to the.Northeast : corner, of the West Half of the Southeast Quarter of 'said Se.ction 18;' _' thence leaving-said East-West centerline South 0'39'.40" West along the East line of said West.Half of the Southeast Quarter a-distance of 75.94 feet to an intersection pf the centerline of Road Survey ',
NO. 757, Palomar Airport Road being a.point:in the arc of a nontangent '. 3000LOO.foot radius curve- concave Southerly, a radial line-to said-' curve bears North 14O54',28" West;' thence'Westerly.+long said center- line and'along the arc of said curve thru a central angle of 0052"58'! a distance of 46.22 feet; thence South 74"12:34" West a d.istance of '454.40 feet. to the beginning of a tangent "6000.00 'foot radius Eurve, concave Southeasterly; thence Southwesterly'along the,.arc of said. curve thru a.central angle of 5O39'05" a distance' of 59j?.81 feet:.' thence South 68O33'29" West.a distan.ce of 1525.56 feet to the : * ,:. beginning of a'tangent 1000.00 foot radius curve concave Northerly; thence Westerly along the.arc of said curve't.hru a central ang'le.of. 43'43'09"'a distance of 763.04 feet; thence North 67O43!22" 'West.'. a distance of 1326.28 feet'to the West line of said Lot 3; thence .leaving the centerline.of said Road Survey No.. 757, North OqO3'46" West along said West line a distance-of 491.85 feet to the Point of'; Beginning.
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EXHIBIT "'2" - Page 1 of 3 ,, 261 -
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TkWGpanies, The Meister Company, Inc, & Da& Cofporatii
9-3-81
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EXHIBIT "C" ,, Page 3 of 3 263 -
be at one and a half (1.5) spaces per dwell-
- . . . . ing unit, for one bedroom units and two (2)
spaces for all others plus visitor parking
not less‘than .25 spaces per dwelling units.
5. . In. thos.e?RM and RMH neighborhoods wherein a
minimum dwelling unit density is set forth
in Section 1II.L. or where the density bonus
described in Section 1II.K. applies, build-
ing heights may be approved up to six (6)
stories or seventy (70) feet, whichever is
less.
E. Commercial ano Industrial .
.
1. . Planning areas M, L, D,
designated in this Master
tioni and community commercial areas.
Preparation of the development plans for
these,areas.shall insure compatibility with
adjacent ar'eas particularly regarding the
placement of open spaces, selection and
location of landscaping materials, continui-
ty of pedestrian and bike paths, siting of
structures for view opportunities and archi-
tectural harmony, lighting, setbacks, load-
ing areas and trash removal.
2. The preparation of Develop
d3
nt Plans for
Planning Areas L, M, D and shall be gov-
erned by the Individual Planning Area Devel-
opment Regulations of Section L in addition
to other standards of this Master Plan.
F. Recreational Storage Parks
1. Prior to the recordation of the first final
subdivision map of this Master Plan, there
shall be an approved comprehensive recrea-
tional storage park plan to accommodate ret- .
reational vehicles including horse trailers,
campers, boats, mobile homes or similar
equipment which are restricted from being
stored on home sites by the various neigh-
borhood convenants, conditions and restric-
tions (CC&R's). A proposed plan shall be
submitted with the tentative map for the
first neighborhood and it shall utilize one
of the following approaches:
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8-1~al5687