HomeMy WebLinkAboutGPA 59D; Woodward, Don; 81-305686; Public Facilities Fee Agreement/Release‘1 , J r’ *I Af,t’+* ,, I, - _ .- :.;xrdiqg rc!L;rn to; .
Gty &'Ca;*lsbad
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1200' E'lin AN?.
~rlsbad, CA 92008
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AGtiEPlENT EWi&N OWJER, IXWELOPER AI@ THE CITY CF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE -A ----- -_- -.-- .-- --.--
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THIS AGREEMENT is entered i_rlto this 27 day
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and between .
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of July I
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\ The Woodward Companies I - -- --- , (Name of. Developer) -^-
a Sole Proprietorsh.ip -I (Corporation, parZier~hip,-etc.) I
. .-. . hereinafter referred to as "Developx" whose address is
5100 Campus Drive ?%h+\, i\ .
..% (St;r$et) ' I
Newport Beach, California 92660 . ---7 (Chtyp sgatc, zip c&de) I . . . and . Aetnk Capital Corporation * I (Name of Legal Owner) .
. a P_alifnrnia f . -_II n . (Cars etc.) . . hereinafter referred to as "OwrierI" whose address is.
12001 San Vicente Bo ulevard -(Street) *'
.-.-. - Los Angeles ., California' 90049 (City, state, zip code)
'AND
the CITY GF CARLSBAD, a municipal corporation of the State of California,
s hereinafter referred to as "City", whose address * .
Carlsbad, Cglifornia, .92008.
RECITALS " . . * .
is 12‘00 Elm Avenue,
. . WHEREAS, Owner'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"; &id . .
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_ WHEREAS, the Property lies within the boundaries of City; and
WHEREAS., Developer has contracted with Owner to purchase the
Property and proposes a development pro,ject as follows: . A 130-
. . . '* acre parcel of l.and'contalnlnrr7 Rflfl rem-al . ,,n its, being part of a 616 acre on said Property, plannin which development % -- c r?%..* the. proposed name of .
Ran&o Carr'illo . and is
hereinafter referred to ,as "Deveiopment";* and SEE EXHIBIT 'A' ATTACHED
. HERETO. WHEREAS, Developer filed on the 3rdday of March -f
19 81; with the City a request for
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(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 coricurrent with.
need or such development
with the City Clerk
WHEREAS, Developer,
shall not be approved (said element is'on
file and incorporated by this reference);. and
Owner and City recognize the correctness',
,of Council Policy No. 17, dated August 29, 1979, pn file with the City Clerk .
.aw! incorporated by this reference, and tha't the City's' public fac'ilities and services
are at capacity and will not be available to.acc&modate the - '.
additional need for public'facilities and services resulting from
the proposed Development; and . * . . WHEREAS, Developer and Owner have asked the City to find that
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.public facilities and services wiL1 be available to meet the future . '
, needs of the Development. as it is.presenfly proposed;,but the
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Developer and Owner are aware that the City cannot and will not'be. .
able to make any such findings without.fi.nancial 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 buildings or structures to be constructed
in the Development pursuant to the Request. The fee shall be paid . *
pri'or to the issuance of building or other constructi.on permits for
* the development and shall be based on the valuation at that.time.
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This fee shall be in addition to any fees-, dedications or improvements . .
required pursuant,to Titles 18, 20 or 21 of the Carl&ad Municipal , . Code. A credit toward such fee shall be given for'land which 5as
been dedicated for park purposes or,for any fees paid in lieu
thereof pursuant to Chapter 20.44 of the,Carlsbad Municipal Code.
Developer and Owner shall pay a fee for conversion of existing
buil'dings or structures into dondominiums 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 stokk cooperative. The terms "other construction
permits", "other construction permit" and entitlement for use" as . . “ - . 3:
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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 shall pay to . :
' City a public' facilities fee in the sum of $1,150 for each mobile- .
,home 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 'iccording to Titles 18, ‘ 20 or' 21 of the Carlsbad Nunicipal 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 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
Owner offer 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, Ghen made, shall become a part of . this agreement. Sites donated under this paragraph shall not
include impravements required pursuant to Titles 18 or 29 of the
Carlsbad Municipal 'Code. . '
4 3. * This agreement and the fee paid pursuant hereto are . . . . . . required to ensure the consistency of the Development with the .
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: City's General Plan. * If the fee is not paid as provided herein, the.
. City wiil not have the *funds to provide public facilities and services,
and the Development will not be oonsistent with the General Plan and
any approval or permit for the Develop.men& shall.be void. No bui.lding
or other construction permit or entitlement for use shall be issued
untii 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 fdcilities. 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 publid facilities fees are available. I . . . 5. . City agrees to provide upon request reasonable assurances
' -to enable Developer tind Owner to comply with an.y requirements of
other public agencies as evidence of adequate p&blic facilities and . . . . .'services sufficient' to accommodate the needs of the Development . .
.' herein described. ' ' :
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. 6. All obligations hereunder shall terminate in the event '-
the Requests made by Developer and Owner 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 mdnners: . -.
’ * 7.1 If notice is given to the City bi 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, *
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enclosed in a sealed envelope, addressed to the City for attention .
of the City Manayer, postage prepaid and certified.
7.2 If notice is given to Deveioper 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. ._
. 7.3 If notice is given to owner by personal delivery .
' thereof to Owner or by deposikng same in the United States Mail, . .
enclosed in a sealed envelope addressed to qwner at the address set
forth herein or at such other 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, Owner and the City, and reference.s 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
,Property, all obligations of Owner hereunder shall terminate; ; .
provided, however;'
s . that if any successor to the Owner's interest in
the Property is'a stranger to'this agreement, .such successor has
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. . . first assumed the obligation s of Owner in writing .in a form : ' . c. ,- . .
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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. . . .
IN WITNESS WHEREOF, this agreement is executed in San Diego
. County,. California as of the date first written above. . * 'OWNER: DEVELOPER: . . . * . . .
AETNA CAPITAL COMPANY -
Attorney-in-Fact Title Owner
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I BY * .”
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> ' Title ' . J
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* ATTEST: CITY OF CARLSBAD, a..municipal corporation of the*State of California
: '. ALETHA.3;. RArjTENkRANZ, BY - City Manager City Clerk
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APPROVED AS TO FO
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City Attorn.ey ; 1 . (Notarial acknowledgement of execution by DEVELOPER and OWNER must . .be attached.) . . \ .
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STATE OF CALIFORNIA
ORANGE ss.
COUNTY OF ___- -__
on S~ptanb~r 35, 1981 , before me, the undersigned, a Notary Public in and for
said State, personally appeared DonE.w-
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known to me to be the person whose name is subscribed to the within instrument as the Attorney in Fact of--- Aetna Capital Company
and acknowledged that he subscribed the name of Aetna Capital Companv
thereto as principal , and&&S
own name as Attorney in Fact.
hand and official seal.
Name (Typed or Printed)
STATE OF CALIFORNIA 1
(This area for official notarial seal)
c COUNTY OF ORANGE ~~ Ps. z E
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O”SeDtember15., before me, the undersigned, a Notary Public in and for
al said State, personally appeared Don E. Woodward - = i= s - .u .~ z h t; - t = known to me to be the person- whose name is 0 H .>- subscribed to the within instrument and acknowledged to me
that- he executed the same.
WITNESS my hand and official seal.
5 2 Signature
09”“‘G’ ~OIJHM I ..a* ”
My comm. expires DEC 2
Name (Typed or Printed) (This arca for official notarial seal)
p/J& /r’y Lt-&4L &&-.-RIP7-/o/d” 247 -
Parcel 'B"
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 0052'06" East along the West line of said Section
19 a distance of 1337.52 feet and North OOO3'46" West a
distance of 1153.82 feet to the TRUE POINT OF BEGINNING;
thence leaving the West line of said Section 19 North
54040'00" East 2065.80 feet; thence North 8O51'23"
East 1907.40 feet; thence North 21026'31" West 30.00
feet to the centerline of Road Survey No. 757, Palomar
Airport Road; thence North 68033'29" East along said
centerline a distance of 723.02 feet; thence leaving said
centerline South 16o13'00" East a distance of 1640.18
feet to the East line of the East Half of the Southwest
Quarter of said Section 18; thence South 0042'37" East
along said East line a distance of 291.42 feet to the
Northeast corner of the Northwest Quarter of said Section
19; thence South 0020'46" West along the East line of
said Northwest Quarter a distance of 498.91 feet; thence
leaving said East line South 85050'40" West 749.94 feet;
thence South 4009'20" East 688.38 feet; thence South 85050'40" West a distance of 92.05 feet to the beginning
of a 2000.00 foot radius curve concave Southerly; thence Westerly along the arc of said curve thru a central angle
of ZloOO'OO" a distance of 733.04 feet; thence South
64050'%0" West a distance of 1165i58 feet to the begin-
ning of a tangent 2000.00 foot radius curve concave North-
erly; thence Westerly along the arc of said curve thru a
central angle of 16029'25"' a distance of 575.62 feet to
the above mentioned West line of said Section 19; thence
leaving said curve North Oo03'4G" West along said West
line of Section 19, a distance of 587.94 feet to the TRUE
POINT OF UEGINNING.
Being a portion of Fractional Section 24, Township 12
South, Ranye 4 West, San Bernardino Base and Meridian, in
the City of Carlsbad, County of San Dicgo, State of Cali-
fornia, according to the Official Plst thereof said por-
tion being more particularly described as follows:
Beginning at the Cast Quarter corner of said Section 24 as
shown on Record of Survey 6416 on file in the Office of
the Recorder of said County; thence along the Easterly
line of said Section 24, North OOoO3'46" West 1339.02
feet to the Southeast corner of Government Lot 1 of said
248
Parcel "B" (Continued)
Fractional Secti.on; thence leaving said Easterly line
along the Southerly line of said Lot 1, North 89023'12"
West 256.29 feet to a point in the Easterly boundary of
Ranch0 Agua Hedionda; thence along said Ranch0 line South
02o38'00" East 1341.36 feet to a point on the Southerly
l+ne of the Northeast Quarter of said Fractional Section
24; thence leaving said Ranch0 line along said Southerly
line South 89028'04" East to the POINT OF BEGINNING.
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: THIS PLAT DOES NOT REPRESENT'
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EXHIBIe A
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W305tj86
FILEtPAGE HO. BOOK 1981
OFFICIAL RECORDS SAli OIECO COUHTY.C&, VERA L.LYLE RECQRr?rR
Mb FEE