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HomeMy WebLinkAboutHDP 89-26A; Wilson, Lori; 1994-0532235; Public Facilities Fee Agreement/Release. l ‘* . . . RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, California 920081989 Space above this line for Recorder’s use 2r+rq-/CP . Parcel No. fi)J -0 . AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CR-Y OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FAClLlTlES FEE FOR OUTSIDE THE BOUNDARIES OF COMMUNITY FACTLlTlES DISTRICT NO. 1 THIS AGREEMENT is entered into this 18 -& day of /%ti t ‘8 19& by and between L or*, cv;lsrm (name of developer-owner) a Iud;v-‘&,I (corporation, partnership, etc.) ’ hereinafter referred to as “Developer” whose address 74tw Am& Lawa. Cotl,bd.C*4- R-9 is {street) (city, state, zip code) w 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, 92008- 1989. W I T N’E S S ET H: 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 proposed a development project as follows: to ~wkt~ . 3#, *,&t. L&n&4 et&k ‘0 SW&w4 stku ada4 -horn i on said Property, which development carries the proposed name of aa3 4crrvur cavct +2&hbd - w pov Form Approved By City Council July 2,199l Rmo # Ql-194MJH 1 Hop so-=) 4f ?4-06 246 - and- is hereafter referred to as “Development”; and WHEREAS, Developer filed on the 18 A-auf day of with the City a request for It (( -4 St& DJLw.lob-t 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 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, 1 the parties agree as follows: 1. The Developer 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 Form Apprwod 6y City Council July 2.1991 Fbo # Ql-1WKJH 2 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 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 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 $1 ,150 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. lf 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 b8 determined by City prior to the issuance of any building or other permits. Such determination, when made, shall be- come a part of this agreement. Sites donated under this paragraph shall not include improvements required pursuant to Tiles 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. tf the fee is not paid as provided herein, the City will not have the funds to provide public facilities and s8ntic8s, and the d8V8lOpment 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 Fon Apprwod By City Council July 2 1991 R.80 I Ql-1wKJH 3 240 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 D8VelOpm8nt 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 th8 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 lf 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 lf notice is given to Developer by personal delivery thereof to D8V8lOp8r or by depositing the same in the United states Mail, 8nCloSed in a Sealed envelope, addressed to D8v8lOp8r at th8 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, th8 respective succ8ssors and assigns of Developer and City, and references to Developer or City herein shall b8 deemed to be a reference to and include their respectiv8 successors and assigns without specific mention of such successors and assigns. lf Developer should cease to have any interest in the Property, all obligations of Developer hereunder shall Form Approved By Cii Council July 2.1991 Rmo # Ql-lW/KJH 4 terminate; providQd, however, that any successor to Developer’s interest in ihe property shall have first assumed in writing the D8V8lOp8r’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 haV8 been satisfied, City shall record a release. . . . Form Apprwod Sy Cl Council July 2.1981 Rem #91-1-H 250 - IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first wriien above. D-OWNER: CITY OF CARLSBAD, a municipal corporation of the State of California BY ioyz; l4.A _ (signature) Lx&; r/v\ - whfl BY - (print name) MARTIN ORENYAfi for City Manager 0 BY (signature) (print name) (title) ATTEST: APPROVED AS TO FORM: RONALD R. BALL, City Attorney BY Deputy City Attomep (Notarial acknowledgement of execution of DEVELOPER-OWNER must be attached.) Form Approved By City Camcil July 2,199l Row # Ql-194/KJH a 4 i f t i ! , .a ‘If : *I i 6. ‘< .7 i * 1. i . 1 i g., ‘i. [;. -8 3 . . 620 - . - . . . . . .I - . I-------I- ---- ,_--. -.e.-.--.v.I . TS 1M066 EXHIDIT “A” LEGAL GESCAIPTiON LOT 91 OF CARLSSAD TRACT NO. 75-4 LA COSTA ESTATES NORTH, IN THE CITY QP CARLSBAD, COUNTY OF SAN DIECO, STATE OP CALIFORNIA, ACCORDING TO THE MAR TBERBOF NO. 8302, FILED IN TXE OFFICE OF THE COUNTY RECORDER 08 SAW OXEGO COUNTY, MAY 5. 1976. EXCEPTING THEREFROM l/LBTR Oi' ALL COAL, OIL, GAS AND OTRER MINERAL DEBOSIICS CONTAINED IN THE EAST RALP OP TtlE SOUTHEAST QUARTER OF SECTION 25, TOWNSHIP 12 SOUTH, RANGE 4 WEQT, AS RESERVED BY THE STATE OF CALIFORNIA, IN PATENT RECORDED APRIL 22, 19SQ IN BOOK 5212, PAGE 490 OF OFFICIAL RECORDS, TRE RIGRT TG THE USE OF THE SURFACE, ILCLUDING ITS RXGHT TO ENTER SUCE LANDS TO A DEPTR OP 500 PEET BELOW THE SURFACE WAS RELEASED AND WAS QUITCLAIMED BY THE STATE OF CALIFORNIA, TO LA COSTA LAND COMPANY BY A QUITCLAIM RECORDED JUNE 30, 197; AS FILE/PAGE NO. 141047 OP OFFICIAL RECDRDS. -80 EXC!ZPTIWO ONE-HALF INTEREST IN OIL AND HINBRAL RIGRTS, FOR A RERIOD QP 20 YEARS FROM DATE OP COMMENDATION To BE CONTINUED XF OIL OR MZNERALS SHALL 8E DEVEMPED WITHIN FIVE MILES OF TRE PROPERTY, OTHERWISE TO REVERT TO TSE LAND. RIGXTS OF EXFLORATXON SKALL NQT BE INCLUDED, HOWEVER, SLART DRILLING MAY BE UADE FROM AN ADJOINING PROPERTY, PROVIDED THAT THIS DRILLXNG Be AT LEAST 100 FEET IN DEPTH kE%SUREiD ANXWRERE ON TEE ASCWB DESCRIBED, IH LOTS 3 AND 4, WEST BALF OF TXE SOUTEXWEST QUARTER, SECTION 30, TOWNSHIP 12 SOUTE, RANGE 3 WEST AND THE EAST UALF OF THE SOUTIiEAST QUARTER OF SECTION 25, TUWWSHXP 12 SOtSTH, RANQE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING To UNITED STATES GOVERNMENT SURVEY AS RESERVED BY GERMAIN M. GRAEP, HORACE L. GRAEF AND ROBERT W. Gi#EF IN DEED RECORDED JUNE 27, 1960 AS FILE/PAGE NO. 129955 OF OPPICZAL RECORDS. I- 1” : .i : ., ?i ’ s .\. \I \ . . ‘5 2 :. . . _ -6 1 .* * 252 - / EXHIBIT ‘A LEGAL DESCRIPTION Lot 91 of m&p 8302, in the city of Carlsbad. Form Apprwod By Cl Council July 2,199l Reao # 91.194/KJH 253 STATE OF CALIFORNIA ) 1 COUNTY OF SAN DIEGO ) On . I-c, 1q9y , beforeme, U Notary Public, personally appeared Lon~e Pf* Glr/s-J -- ----. personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness mv hand and official seal.