HomeMy WebLinkAboutGPA 59D; Daon Corporation; 81-305685; Public Facilities Fee Agreement/ReleaseAft.& d~~cokdiny' rett.rn to:. 4 .-
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Carlsbad, CA 92008 AGREEMENT BETWEEN DEVELOPER--OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PrJBLIC FACILITIES FEE
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THIS AGREEMENT is entered into this 13th day of August I -
19 81, by and between DAON CORPORATION,
(name of d=eloper-owner) I
a Delaware Corporation ‘hereinafter referred to as (Corporation,*&X%Q%&f%&%~X2!4U%)
"Developer", whose address is 4041 MacArthur Boulevard, r (street)
Newport Beach, California 92660
(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
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
WHERFAS, the Property lies within the boundaries of City;
and
WHEREAS, Developer proposes a development project as follows:
General Plan Amendment (See attached Exhibit "L?")
“. N..’ . ’ r 228 L
. .
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 March I
19 81 , with the City a request for w 62Fzk-E /p L -
(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
I 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 CityI's public facilities and
are at capacity and will not be available to accommodate the
additional need for public facilities and services resulting
from the proposed Development; and
services
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
2.
- _1 . -229 -
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 containedtherein, 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 shcrll pay a fee for conversion 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
3.
230
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
General Plan and any approval
will not be consistent with the
or permit for the Development shall
4.
, 231
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 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 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
5.
I .
232
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 refe,rences 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 agrcexent have been satisfied, City shall record a release.
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IN WITNESS WHEP\EOP, this agreement
County, California as of the date first
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is executed in San Diego
written above.
DEVELOPER-OrWJ!JER: CITY OF CARLSBAD, a municipal corporation of the State of California
BY City.Manager
(T1tle)Senior Vice President, Land
ATTEST;
APPROVED AS TO FORM:
3, FINCENT F. BIONDO, JR..,
. ' I City At+?rney
(Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.)
7.
234 -
E%/?/6/7- ‘h I/ 1 p&/q/L .&SCK/P T/OH
Parcel "C"
All that portion of Sections 18 and 19 Township 12 South,
Range 3 West, San Bernardino Base and Meridian according
to the Official Plat thereof, in the City of Carlsbad,
County of San Diego, State of California, being more par-
ticularly described as follows:
Beginning at a 2 inch iron pipe with disc marked "RCE 9416", accepted as the 'Northwesterly corner of LA COSTA
MEADOWS UNIT NO. 3 according to said Map No. 7076; thence
‘North Oo52'06" East along the West line of said Section
19 a distance of 1337.52 feet; thence North 0003'46"
West a distance,of 565.88 feet to a point in the arc of a
nontangent 2000.00 foot radius curve concave Northerly, a
radial line to said point bears South 8039'55" East;
thence leaving said Westerly line of Section 19, Easterly
along the arc of said curve thru a central angle of 16029'25" a distance of 575.62 feet; thence North 64050'40" East 1165.58 feet to the beginning of a tan-
gent 2000.00 foot radius curve concave Southerly; thence
Easterly along the arc of said curve thru a central angle
'Of 21ooo'oo" a distance of 733.04 feet; thence North 85050'40" East 92.05 feet; thence North 4009'20" West 688.38 feet; thence North 85050'40" East a distance of
749.94 feet to the East line of the Northwest Quarter of
sa,id Section 19; thence North 0020'46" East along said
East line a distance of 498.91 feet to the Southeast cor-
ner of the Southwest Quarter of said Section 18; thence
North Oo42'37".West along the East line of said South-
west Quarter a distance of 291.42 feet; thence leaving
said East line North 16o13'00" West a distance of
1640.18 feet to the centerline of Road Survey No. 757, '
Palomar Airport Road; thence North 68033'29" East along
sa,id centerline a distance of 802.54 feet to the beginning
of a tangent 6000.00 foot radius curve concave Southerly;
thence Easterly along the arc of said curve thru a central
angle of 5039'05" a distance of 591.81 feet; thence *
North 74012'34" East a distance of 454.40 feet to the
beginning of a tangent 3000.00 foot radius curve concave
Southerly; thence Easterly along the arc of said curve
thru a central angle of 0052'58" a distance of 46.22 ~
feet to the.East line of the West half of the Southeast
Quarter of said Section 18; thence South 0039'40" West
along ,said East line a distance of 2492.52 feet to the
-Northeast corner of the West half of the Northeast Quarter .
of said Section 19; thence South 0008'36" West along the
East line of said West half of the Nor.theast Quarter a
distance of 2670.01 feet to a 2 inch iron pipe marked ACP
1927 accepted as the Southeast corner of the Westerly half
of the -Northeast Quarter of Section l-9; thence North
89045'16" West along the South line of said West half of
I ; L : :
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235 -
Parcel "C" (Continued)
the Northeast Quarter a distance of 1308.48 feet to the
North-South centerline of Section 19; thence South
Oo20'46" West along said North-South centerline a dis-
tance of 1336.03 feet to the Southeast corner of the
Northeast Quarter of the Southwest Quarter of said Section
19; thence North 89046'50" West along the South line of
the Northeast Quarter of the Southwest Quarter to and
along the North boundary of said LA COSTA MEADOWS UNIT NO.
3, Map 7076, a distance of 3097.45 feet to the POINT OF
BEGINNING, -excepting therefrom that portion granted to the
City of Carlsbad by deed recorded February 24, 1977,
File/Page 77-068081, Book 1977, Official Records.
The Northwest Quarter of the Southeast Quarter of Section
19, Township 12 South, Range 3 West, San Bernardino Base
and Meridian, in the County'of San Diego, State of Cali-
fornia, according to United States Government Survey
thereof.
:
STATE OF CALIFORNIA Orange > IS.
COUNTY OF-
0” August 13, 1981 , before me, the undersigned, a Notary Public in and for
said state, personally appeared Michael K. Ryan
known to me to be the Vice President, md Development and W. A. Colton iI1
known to me to be the Sr. Vice Presi&&,,@q$ corporation that executed the within instrument,
and known to me to be the persons who executed the within
instrument on behalf of the corporation therein named, and ac-
knowledged to me that such corporation executed the within
instrument pursuant to its by-laws or a resolution of its board
directors.
Betty Ann POllaCCia
Name (Typed or Printed)
OFFICIAL SEAL
BETTY ANN POLLACCIA NOTARY PUBLIC - CALJFORNtA
ORANGE COUNTY My comm. expires DEC 21, 1984
(This area for oflicial notarial seal)
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CARRILLO RANCH0 PARTNERSHIP
THIS PLAT DOES NOT REPRESENT'
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A PUNNED COMh4UNrl-Y By: CARSBAD. CALIFORNIA 0 mu 500
-riq WOODWARD COMP#NIES, l?E MEISTER kOMf+VdY, NC. h DAON maocr
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8, 239 81-305685
NO FEE