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Home My WebLink AboutGPA 90-02; Laguna Associates Inc; 90-254345; Public Facilities Fee Agreement/Release1 ‘. - ; . .. l . 5 1602 RECORDING REQUESTED 0Y AND : [pep~p(~-a~- s:.-ri;~;~~~~.~ *;;.*---- - WHEN RECORDED MAIL TO: i >:I ~-~~~~+‘; i;r”;‘; :-~.-.i;t;i-~z i ,r:..;.$ + i* T:A.: 1 CITY OF CARLSBAD 1 98 $fg”f -9 RI 8 zi 1200 Elm Avenue w Carlsbad, California 92008 a i gy 6.! h i v &,,i .6\ &. $&.E 'RF lo . 1._- f+.&$g E‘;---' ,_I !~j@Eg 4 e.Mc.4d AR Q . r i _ Space above this line for Recorder’s use .o 70 / t- b Parcel No. 206-200-07 AGREEMENT BETWEEN OWNER, .DEVELOPER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into lis 12TH day of MARCX , 19 90 by and between LAGUNA ASSOCIATES, INC. (Name of Developer) a CORPORATION , hereinafter referred to as (Corporation, partnership, etc.) “Developer” whose address is 2620 ACUNA COURT (Street) CARLSBAD, CA 92009 (City, State, Zip Code) and MRS. ELINOR S. KNOX (Name of Legal Owner) a INDIVIDUAL , hereinafter referred to as (Individual, Corporation, etc.) “Owner” whose address is 1003 SKYLAND DRIVE (Mail Add.:P.O.Box 10860) (Street) ZEPHYR CONE, NEVADA 89448 (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. REV 7-28-87 > . -, ‘0 p-i.,, .*I .I r ,, :‘+ -I ,j :* C’ ,& -‘. ;’ : .$* y-k; .) : .f -*. * G -iv+“’ I .? ,i. ‘3 A$; i ( hi! ;*‘,. cts.; II - 1633 - 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 boundaries of City; and WHEREAS, Developer has contracted with Owner to purchase the Property and proposes a development project as follows: RESIDENTIAL on qaid Property, which development carries the proposed ,name of LAGUNA POINT and is hereinafter referred to as *‘Development”; and WHEREAS, Developer filed on the ,+Z’/m day of &&.‘Y~M 19 9# , with the City a request for GENERAL PLAN AMENDMENT AND ONMENTAL IMPACT ANALYSIS * . 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 ; -4, WHEREAS, Developer and City recognize the correctness of Council &$ r.,. z t&G ,, Policy No. 17, dated July 28, 1987, on file with the City Clerk and g;y b . incorporated by this reference, and that the City’s public facilities and services i:$E”‘ . are at capacity and will not be available to accommodate the additional need for ,,“public facilities and services resulting from the proposed Development; and ’ ,> , ‘1. II -2- ! ‘_, f,,, REV 7-28-87 !&- 1604 - WHEREAS, Developer and Owner have asked the City to find that put#lic 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 financial 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 convenants 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 3.5% 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 amount not to exceed 3.5% 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 mobile home 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. , -3- REV 7-28-87 1605 - . Developer and Owner Srldll pay the 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 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 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, 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 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. . -4- REV 7-28-87 1:.. , . . 1606 - 5. City agree3 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 he;eunder 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 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 references 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. -5- REV 7-28-87 . I . ) . I . . ‘, 1607 - -. * 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: ELINOR S. KNOX (Signat‘Gre) - / * (Name) (Signature) (Name) (Signature) ATTEST : CITY OF CARLSBAD, a municipal corporation of the AppR:;E;R;~ a; bf-4w : wwry an; AlTcv?~Ey VINCENT F. BIONDO, JR., City Attorney For City *Manager (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached. ) -6- REV 7-28-87 1608 - (Corporation) > GLEWLE FEDEML iss. SAVINGS AND LOAN ASSOCIATION Public in and for said V proved to me on the basis of satisfactory evidence to be the person who executed President, and . (/Its -Pm m-hi - known- proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as - Secretary on behalf of the corporation therein named and acknowledged to me that such corporation executed the within instrument pursuant to it’s by-laws or a resolution of it’s board of directors. GFS FORM 1262 (L 6/82) (This area for official notarial seal) STATE FF &%?#f%#i@ ; ss. (Acknowledgement) County of DOUGLAS ) On this 12th day of NIarch , in the year 19 __, 90 beforeme, the undersigned, a Notary Public in and for the said County and State, residing therein, duly commissioned and sworn, personally appeared Elinor S. Knox personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s): =(a INDIVIDUAL) Whose name is subscribed to this instrument, and acknowledged that he (she or they) executed it. (0 CORPORATION) Who executed the within instrument as president and secretary, on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its articles and by-laws and a resolution of (0 PARTNERSHIP) its Board of Directors. That executed the within instrument on behalf of the part- nership, and acknowledged to me that the partnership executed it. nto set my hand and affixed my official seal, in and for said County and State, ,,,,,,, WW,,* ,,,,,,,,, 111111..11..11.1.111~~~..~...~*.~*~..~”~.”” MARILYN L. BIGHAM Notary Public - State of Nevada ,Appointmeni Recnided in Douglas County MY APPOiNTMENT EXF’IRES NOV. 6,199l EXHIBIT “A’ LEGAL DESCRIPTION. Lot 7 of Block "Dtl OF BEIXAVISTA, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 2152, filed in the Office of the County Recorder of San Diego County, March 7, 1929. EXCEPTING the Wksterly 133.71 feet thereof mmsuredatrightangles fromthe Westerly line of said Lot. 3/14/90 atk