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HomeMy WebLinkAboutMP 177F; Aviara Land Associates Limited Partnership; 1992-0187217; Public Facilities Fee Agreement/Release- , RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY OF CARLSBAD 1200 Carlsbad Village Drive (Formerly Elm Avenue) Carlsbad, California 92008 . 808 OFFICIAL REXXDS SAN OIEGO CNNTY KECORCIER’S OFFKE JNHETTt iv * ~ll~~~, &G#TY &t”GA$EA . r;t = 12.55 FEES: ;?.Qfi AF: 19.55 “C. i;r ’ 1.55 Space above this line for Recorders use 215-610-(1-42) 215-611-(1-29) ParcelN0.216-111-08 and 216-111-09 AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 2nd day of March , 192 by and between Aviara Land Associates Limited Partnership (Name of Developer-Owner) a Partnership , hereinafter referred to as “Developer” (Corporation, Partnership, etc.) whose address is 2011 Palomar Airport Road, suite 206, Carlsbad 92009 (Street) (City, State, Zip Code) and the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as “Cityn, whose address is 1200 Carlsbad Village Drive (Formerly Elm Avenue), Carlsbad, California, 92008. WITNESSETH: WHEREAS, Developer is the owner of the real property described on Exhiiit "A":, attached hereto and made a part of this agreement, hereinafter referred to as “Proper@‘; and WHEREAS, the Property lies within the boundaries of City; and WHEREAS, Developer proposes a development project as follows: Master Plan Amendment on said Property, which development carries the proposed name of Aviara and REv11/90 1 tt4n -Jrl 1 809 is hereinafter referred as “Development”; and WHEREAS, Developer filed on the 28 day ofFebruary, 19zwith the City a request fore Pm fnr raca&&atinu heivht measurement for PA 13 and PA 28 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 28, 1987, on file with the City Clerk and incorporated by this reference, and that the Citys 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, 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. -REv11/90 2 8.10 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 shalI 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 of 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 of occupancy for which the development is intended. Developer shall 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 may offer to donate a site or sites for public facilities in lieu of alI or part of the financial obhgation 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 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 REV lmo 3 . . .- 811 , 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. 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 service sufficient to accommodate the needs to the Development herein described. 6. All obligations hereunder shall terminate in the event the Requests made by Developers 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 attention of the City Manager, postage prepaid and certified. 7.2 If notice 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 REv11/90 4 812 * < apply to the respective successors and assigns of Developer and the City, and references to Developer 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 Developer3 interest in the property shall have first assumed in writing the Developeis 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 have been satisfied, City shaIl record a release. REvlmo ‘, 813 IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date fmt written above. DEVELOPER-OWNER: CITY OF CARLSBAD, a municipal corporation of the State of Aviara Land Associates Limited -tnershiD d.me>’ Califotia General Manager (Title) By: (Title) ATTEST: ALETHA L. RAUTE APPROVED AS TO FORM: City Attorney By: (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) REx11/90 6 . . STATE OF CALIFORNIA COUNTY OF San Diego On March 2. 1992 before me, the undersigned, a Notary Public in and for said State, personally appeared D.L. Clemens, personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the Vice President of Aviara Land Company, a Delaware corporation, the corporation that executed the within instrument on behalf of Aviara Land Associates Limited Partnership, a Delaware Limited Partnership, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. WITNESS my hand and official seal. hCl& G.- L%zLJyce NOTARY PUBLIC . * . 815 PA 28 page 1 of 2 EXHIBIT "A" LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO AND IS DESCRIBED AS FOLLOWS: BEING A SUBDIVISION OF A PORTION OF SECTIONS 27, 28, 33 AND 34 ALL IN TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: .BEGINNING AT A POINT ON THE WESTERLY LINE OF SAID SECTION 27, DISTANT THEREON SOUTH 0.34'09" WEST 230.98 FEET FROM THE NORTHWEST CORNER THEREOF, SAID POINT ALSO BEING THE INTERSECTION OF SAID WESTERLY LINE AND THE SOUTHERLY LINE OF THAT CERTAIN EASEMENT FOR PUBLIC ROAD RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 29, 1989 AS FILE NO. 89-345765 OF OFFICIAL RECORDS: THENCE ALONG THE SOUTHERLY AND SOUTHWESTERLY LINE OF SAID EASEMENT, NORTH 72.47'00' EAST 161.47 FEET TO THE BEGINNING OF A TANGENT 25.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE NORTHEASTERLY, EASTERLY AND SOUTHEASTERLY ALONG SAID CURVE 40.36 FEET THROUGH A CENTRAL ANGLE OF 92'30'00"; THENCE TANGENT TO SAID CURVE SOUTH 14.43'00' EAST 689.57 FEET TO THE BEGINNING OF A TANGENT 901.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY AND EASTERLY ALONG SAID CURVE 1135.38 FEET THROUGH A CENTRAL ANGLE OF 72'12'00"; THENCE TANGENT TO SAID CURVE SOUTH 86*55'00' EAST . . 217.41 FEET TO THE MOST NORTHERLY CORNER OF CITY OF CARLSBAD TRACT NO. 85-35 (AVIARA PBASE 1 - UNIT E), ACCORDING TO MAP THEREOF NO. 12413, FILED IN THE OFFICE OF THE COUNTY RECORDER, JUNE 29, 1989; THENCE ALONG THE WESTERLY BOUNDARY THEREOF SOUTH 47'10'50" WEST 350.89 FEET; THENCE SOUTH 40*43'12' WEST 605.23 FEET: THENCE SOUTH 17*45'00' EAST 846.44 FEET; THENCE SOUTH 16'45'00' WEST 112.44 FEET; THENCE SOUTH 12*58'00' EAST 1804.79 FEET; THENCE SOUTH 31*51'00' EAST 700.07 FEET; THENCE SOUTH 6.33'30' EAST 495.49 FEET; THENCE SOUTH 14*29'30" WEST 519.43 FEET TO AN ANGLE POINT THEREIN, SAID POINT ALSO BEING A POINT IN . THE AGREED BOUNDARY OF THE TITLE SETTLEMENT AND EXCHANGE AGREEMENT AND CONVEYANCE OF PUBLIC ACCESS EASEMENT, RECORDED ' JUNE 10, 1988 AS FILE NO. 88-278452 OF OFFICIAL RECORDS; THENCE ALONG SAID AGREED BOUNDARY-N0RTH.20'30'00" WEST 117.43.FEET; THENCE NORTH 85*00'00" WEST 71.00 FEET; THENCE SOUTH 25~30'00' WEST 223.00 FEET; THENCE SOUTB 10'45'00' EAST 53.00 FEET; THENCE . . '.. SOUTH 33.30'00" WEST 146.00 FEET: THENCE SOUTH 55*30'00' WEST . . 52.00 FEET: THENCE SOUTH 77.30'00' WEST 358.00 FEET; THENCE . . SOUTH 55*10'00" WEST 167.00 FEET; THENCE SOUTH 75*58'00" WEST _I. -l- 42.00 FEET; THENCE NORTH 83.56'00" WEST 117.00 FEET: THENCE NORTH 73'50'00" WEST 99.00 FEET: THENCE NORTH 79'50'00" WEST 147.00 FEET; THENCE NORTH 74*10'00" WEST 190.00 FEET; THENCE NORTH 68.56'02" WEST 346.00 FEET: THENCE NORTH 73.16'26" WEST 174.03 FEET: THENCE NORTH 84'00'00" WEST 124.00 FEET; THENCE SOUTH 78*00'00" WEST 447.00 FEET; THENCE NORTH 83*00'00' WEST 123.73 FEET: THENCE NORTH 32.17'46' WEST 561.76 FEET; THENCE NORTH 69.15'09" WEST 228.25 FEET TO A POINT ON THE WESTERLY LINE OF THE EAST HALF OF THE NORTHEAST QUARTER OF SAID SECTION 33, DISTANT THEREON SOUTH 0.43'34" EAST 788.20 FEET FROM THE NORTHWEST CORNER OF SAID EAST HALF, AS SAID POINT IS SHOWN ON RECORD OF SURVEY MAP NO. 10774, FILED IN THE OFFICE OF SAID SAN DIEGO COUNTY RECORDER, OCTOBER 30, 1986 AS FILE NO. 86-494180 OF OFFICIAL RECORDS; THENCE ALONG THE BOUNDARY OF SAID RECORD OF SURVEY NO. 10774, NORTH 0.43'34" WEST 788.20 FEET: THENCE NORTH 0'31'09" EAST 1357.67 FEET; THENCE SOUTH 89'08'21' EAST 1358.22 FEET; THENCE NORTH 23.17'49' EAST 157.02 FEET; THENCE SOUTH 83.48'32' EAST 182.90 FEET; THENCE NORTH 63.48'24" EAST 118.59 FEET; THENCE NORTH 46.13'59' EAST 66.87 FEET; THENCE NORTH 21*18'51' EAST 78.99 FEET: THENCE NORTH 14.41'04' WEST 271.89 FEET: THENCE NORTH 26.24'56" WEST 112.98 FEET: THENCE NORTH 44.10'38' WEST 189.09 FEET; THENCE NORTH 36.53'26" WEST 81.01 FEET: THENCE NORTH 17.21'54" WEST 96.54 FEET: THENCE NORTH 7.59'33" WEST 108.38 FEET; THENCE NORTH 3.53'04" EAST 180.75 FEET; THENCE NORTH 35.32'01' WEST 142.05 FEET TO THE EAST QUARTER CORNER OF SAID SECTION 28; THENCE CONTINUING ALONG SAID BOUNDARY LINE NORTH 0.34'09' EAST 2485.34 FEET TO THE POINT OF BEGINNING. 8 .’ . *. r., :: : .I -2- EXHIBIT "A" LEGAL DESCRIPTION LA 7 PA 13 THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO AND IS DESCRIBED AS FOLLOWS: LOTS 234 THROUGH 301 INCLUSIVE OF CITY OF CARLSBAD TRACT 85-35, PHASE l-UNIT D, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12412, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 29, 1989. TOGETHER WITH THE PARCELS 1, 3 & 4 OF PARCEL MAP NO. 16451, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY APRIL 15, 1991 AS FILE NO. 1991-168677 OF OFFICIAL RECORDS.