HomeMy WebLinkAboutMP 177; W. H. HUNT AND N. B. HUNT; 86-509319; Public Facilities Fee Agreement/Release?,v^Sf '.'•<•>*%f - • t. 31.<H/J*i> I" h
&
vr 72 86 509319* J J • ' •* r — '•" «*«..Rt CORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, California 92008
I l<rytiK!>^oiN I
I «' UiCJ:j cu'idiiTi'"^.!
G85 NOY -8 PM 2> 00
VFr/. LUYIE I
COUN 1 Y KrCORDTH |
Space above this line for Recorder's use
t,j., .1-Hf--4-^sJZZMG /
i I
!
r ''
*
\
1
•i
F -
'1;
•:
Documentary transfer
Signature of declarant determining
tax-firm name
City of Carlsbac
Parcel Ho.SEE ATTACHED LIST
AGREEMENT BETWEEN OEVELOPER-OUNER
AND THE CITY OF CARLSBAD FOR THT.
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT 1s entered Into tnls 29th day of August
by and between w. H. Hunt »nd N. B. Hunt
» 19 86
Iname of developtr<owner)
, hereinafter referred to as
icorporatlon, partnership, etc.)
c/o HPI Development Lompanv
eveloper" whose address 1s 7?ov EI camino Real
(street)
Carlsbad. CA 920C3
ICHy, 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,
9Z008.
WITNESSETH:
WHEREAS, Developer 1s the owner of the real property described on
Exnlblt "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 follow?-
A mixeJ-use residential, commercial, recreational, and open space Planned Community.
REV 4-22-86 GP.V.U36-9 GPA/LU 85-2 MP-177
SOP 86-2 CT 35-35
_...., ,
T"
^jBSSBiaasB^
>,
..;-..L.J
m\\III-?•
i ~ j*
"
£<a >*».*•">•'»>M^'?**«jt^**'"»**»y• • ;'^_"\-_' •'••;- • __ ___. • _?' - [' ___•_ _~ s ^ -"•^>'>*iH'<r
SJ&tfc*m
im
mm
OX 74
on talii Property, Mnlch development carries tne proposed name of
Th« Pacific Rim Country Club and Resort
and Is hereafter referred to as •Development"; and
S, Developer filed on tne 22nd day of
i. t . M»«t-«>r Plan, Tentative Hap, Gita19 85 , wltn tne CHy a request for . "aster plan>
nt Plans, Planned Developments, Local Coastal Program
hereinafter referred to at "RtQuiJt"; and
UHEREAS, tne Public Facilities Element of tne CUy General Plan
requires tnat tne CUy Council find tnat all public facilities necessary to
5»»rve a development Mill be available concurrent with need or sucn development
Shall not be approved (said element 1s on file «1tn tne CUy Clerk and Is
Incorporated by tnls reference); and . *
WHEREAS, Developer and City recognize tne correctness of Council Policy
No. 17. dated April 22, 1986, on flic wltn tne CUy Cleric and Incorporated by
tnls reference, and tnat tne 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 tne proposed Development; and
WHEREAS, Developer nas asked the CUy to find tnat public facilities
and services will be available to meet tne future needs of tne Development as
H Is presently proposed; but tne Developer 1s aware tnat tne CUy cannot and
will not be able to make any sucn finding wltnout financial assistance to pay
for sucn services and facilities; and therefore, Developer proposes to nelp
satisfy tne General Plan as Implemented by Council Policy No. 17 by payment of
a public facilities fee.
NOW, THEREFOPE, In consideration of tne recitals and tne covenants
contained herein, tne parties agree as follows:
-2-
I
REV 4-22-86
CO
OvC 75
1. Tne Developer snail pay to tne City a public facilities fee In «n
amount not to exceed 2.5* of tne building permit valuation of the building or
Structures to be constructed 1n tne Development pursuant to tne Request. Trie
fee snail be paid prior to tne Issuance of building or otner construction
permits for tno development and snail be based on tne valuation at tnat time.
Tnls fee snail be 1n addition to any tees, dedications or Improvements required
pursuant to Titles 18, 20 or 21 of tne Carlsbad Municipal Code. Developer snail
pay a fee for conversion of existing dulldlng or structures Into condominiums In
•n amount not to exceed 2.5* of tne building permit valuation at tne time of
conversion. Tne fee for a condominium conypPtlon snail be paid prior to tne
Issuance of a condominium conversion penult as provided In Chapter 21.47 of tne
Carlsbad Municipal Code. Condominium snail Include community apartment or stock«
cooperative. Tne terms "other construction penults", "otner construction
permit" tnd "entitlement for use" as used In this agreement, except 1n reference
to mobllenome sites or projects, snail not refer to grading permits or otner
permits for tne construction of underground or street Improvements unless no
otner permit 1s necessary prior to tne use or occupancy for «m1cn tne
development 1s Intended. Developer snail pay the City a public facilities fee
In tne sum of $1,150 for each mobllenome space to be constructed pursuant to tne
Request. Tne fee snail be paid prior to tne Issuance of building or otner
construction permits for tne development. Tn1s fee snjll be 1n addition to any
fees, dedications or Improvements required according to Titles 18, 20 or 21 of
tne Carlsbad. Municipal Code.
2. Tne Developer may offer to donate a site or sites for public
facilities 1n Ueu of all or part of tne financial obligation agreed upon 1n
Paragraph 1 above. If Developer offers to donate a site or sites for public
-3-
REV 4-22-86 A
"*'• ._J
•o
en
T,_ ,r«™,-—rfr'"
™*nspr~£rG
1 • • • - •ilffi
•is1 rr^vF:
'it , jn.^ < *^-v ly
r k-.t? -'K^iiViu-^
^.lfe:«
i.fr*.' *v!j
,w»':
• 9Jf 76
, tn« City sntll consldtr, but 1t not obit911*1 to acctpt tn« offtr.
Tni t1«i for donation and Mount of credit *g«1nst tn* ftt t.ntU t» dtt««(n«d
by City prior to tni 1ssu«nct of «ny building or otner ptmiUt. Sucn
dtttmlnttton, Men Hade, snail betOM a part of tnU aore«r«nt. SUM donate
under tnlt paragrapn snail rot Include Improvements required pursuant to Tltltt
^8 or 20 of tne Carlsbad Municipal Code.
3. TnU agreement and tne fee paid pursuant Hereto are required to
ensure the consistency of tne Development with tne City's General Plan. If tne
fee Is not paid as provided nereln, the City will not nave tne funds to provide
public facilities and services, ant! the development will not be consistent w'tft
tne General Plan and any approval or penult for tne Development shall be void.
No building or otner construction permit or entitlement for use snail be Issued
k
until tne public facilities fee required by this agreement Is paid.
4. City agrees to deposit tne fees paid pursuant to this agreement tn
a public facilities fund for tne financing of public facilities when tne City
Council determines tne need exists to provide tne facilities and sufficient
funds from tne payment of this and similar public facilities fees are
available.
5. City agrees to prov-lde ^jpon-request reasonable assurances to enable
Developer to comply wltn any requirements of otner public agencies as evidence
of adequate public facilities and services sufficient to accommodate tne needs
of the Development herein described.
6. All obligations nereunder snail terminate in tne event tne Requests
made by Developer are not approved.
-4-
REV 4-22-86
1M
inp r"^'**sll
sf#'";
&** •t'
is**, ^f„4"?f
?V1 tl->rv>-,/ '
ift*.* Vv-
'Jij^S
fWy|- i-'*«feM
ft'.'
Kfr
•J-, 77
7. Any notice fro* one party to tnt otner snail be 1n writing, and
tn«\l bt dated and signed by the party giving sucn notice or by a duly
authorized representative of sucn party. Anj^ucn notice shall not be effective
for any purpose whatsoever unicss served In one of the following Manners:
7.1 If notice Is given to the City of personal delivery thereof to
the City or by depositing same In the United States Mall, addressed to the City
at tne address set forth herein, enclosed In • seated envelope, addressed to tne
City for attention of tne City Manager, postage prepaid and certified.
7.2 If notice 1s given to Developer by personal delivery thereof
to Developer or by depositing the same 1n the United States Kail, enclosed 1n •
sealed envelope, addressed to Developer at tne address as may nave been
designated, postage prepaid and certified.to
6. This agreement snail be binding upon and snail ensure to tne
benefit of, and snail apply to, tne respective successors and assigns of
Developer and tne City, and references to Developer or City herein snail be
deemed to be reference to and Include tnelr respective successors and assigns
.; wltnout specific mention of sucn successors and assigns. If Developer should
cease to nave any Interest In tne Property, all obligations of Developer
hereunder snail terminate; provided, however, that any successor of Developer's
Interest 1n tne property snail nave first assumed 1n writing tne Developer's
:• obligations hereunder.
9. This agreement snail be recorded but snail not create a lien or
quTlfc. security Interest In the Property. Unen the obligations of this agreement nave
been satisfied, City snail record a release.
-5-
REV 4-22-86
•J»6"}-Y
"fgffp*** ;&fi*s
i^j^?* ^V^?^-» I
^»^SSs'1**$$$?%
sj7"-'• v:-o-*si»?5 *w«j'>^?*Bf
ȴfsfr
ft?flfe^-;1-" «»*»?;*«.„ ••*'?•*;:;?•*?••:•••••-,
ts;- - '•.--.""•"^^-v^-r.^S
'^^.J^^S;:^
fe^tliSij!".>, • ,>w
. .
. o. Meshlre,
City H»n*9«r
City Attorney
Bust be attached.)
ACKNOWLEDGMENT »!>;•• ft ft• JJw 7»
THZ STATE OF TEXAS )
COUNTY OF DALLAS )
Before ne, the undersigned authority, on this day personally
appeared W.H. Hunt known to me to be the person whose name
subscribed to the foregoing instrument, and acknowledged to ••
that he executed the name for the purposes and consideration
therein expressed.
Given under my hand and seal of office on thia the 29th Jay
of August, A.D. 1986
My commission expires
/Notary Public in and forDallas County, Texas.
i*
.. ._,.,Printed or stamped name of
notary
ACKNOWLEDGMENT
THE STATE OF TEXAS )
BOUNTY OF DALLAS )
^^ Before me, the undersigned authority, on this day personally
appeared N.B. Hunt known to me to be the person whose name
subscribed to the foregoing instrument, and acknowledged to me
that he executed the same for the purposes and consideration
therein expressed.
Given under -ny hand and seal of office on this the 29th day
Of August, A.D., 1986
/ 1 s~
I / /" /X ;- f- -• . f -v --X.
'
My commission expires
I Notary Public in and for
/ Dallas County, Texas.
>-JL 19 .-#. .
fMtt»8*«fT«M
fctoyhtfe
M a 4: ,\.l
Printed or stamped name of
notary.
•o
00
1 *••••••-*•! ffi*i "•; I* "•'"£•&*• *«v •?* **•'$:--'~-
• ^
W*.
6U-*
!x> *IX%**^s* *"*
5f
iji
'•r.
on 80
EXHIBIT •»'
IEGM, OESCllIPTlOtl
Portion, of S.ctlon. 26. 27, mnd 34 In Tovn.hip 12 South.
4 Wa»t, San B«rn«rdtno Meridian.