HomeMy WebLinkAboutMP 177O; Aviara Land Associates Limited Partnership; 1995-0534563; Public Facilities Fee Agreement/Release,.
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City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Drive
Carlsbad, California 92008-l 989
OFFICIRL RECORDS
1 SAH DIEGD COUNTY RECORDER’S OF? ICE
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ParcelNo. 215-592-12.13.14.15
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
FOR INSIDE THE BOUNDARIES OF COMMUNllY FAClLlTIES DISTRICT NO. 1
THIS AGREEMENT is entered into this 10th day of August I -?!s
byandbetween Avma Land Associates Limited Partnership
a Delaware Limited Partnership
(name of developer-owner)
a Partnership
(corporation, partnership, etc.) ’ hereinafter referred to as “Developer” whose address
is 2011 Pal-~ AirpOrt BnaA_ Suite 206, Carlsbad, CA 92009
(street) (city, state, zip code)
and the ClTY 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.
WITNESSETH:
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:
Revised Master Plan Amendment, Tenative Map, Planned Developent - 131 Units
Local Coastal Plan Amendment on said Property, which development carries the proposed name of
Western Pacific/Aviara Planning Area 5
Form Approved By City Council July 2. 1991 Reso # 91-194KJk-l 4
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.I and is hereafter referred to as “Dev&opment”; and
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WHEREAS, Developer filed on the 10 day of August I WE, Revised
with the City a request for Master Plan Amendment, Tenative Map, Planned Development
131 Units - Local Coastal Plan Amendment - Western Pacific/Planning Area
hereinafter referred to as
“Requesr; 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,
the parties agree as follows:
1. The Developer shall pay to the City a public facilities fee in an amount not to
exceed 1.82% 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 Approved
By City council Juty 2, 1991 Rsro # 91-l 94KJH 2
A 89
’ 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 1.82% 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, shalf 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 $598 ’
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. 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. tf the fee is not paid as provided
herein, the City will not ha8 the funds to provide public facilities and SeTvices,’ and the
d8V8lOpfTI8nt will not be consistent with the General Plan and any approval or permit for the
Form Approved
By City Council Juty 2, 1991 tho # 91-194lKJH 3
90
’ Development shaH 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 services sufficient to accommodate the needs of the Development 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 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 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 ff 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 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, the respective successors and assigns of Developer and City, and references to
Developer or City herein shall be deemed to be a reference to and include their respective
Form Approved By City Council J&y 2, 1991 Rsao I 91-194/KJH
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 to Developer’s interest in the property shall
have first assumed in writing the DeV8lOper’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 have been satisfied, City shall record a
release.
Fom Apprwad
By City Council Juty 2,199l Reso # 91-194WH 5
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IN WlTNESS WHEREOF, this agreement is executed in San Diego County, California as
of the date first written above.
DEVELOPER-OWNER:
~~~~~~~e~ Delaware
CRY OF CARLSBAD, a municipal
corporation of the
State of California
D.L. Clemens/Vice President
(print name)
of Aviara Land Associates
(title)
BY (signature)
(print name)
for City Manager
(title)
ATTEST:
ALETHA L. RAUTENKRANZ, City Cler
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
(Notarial acknowledgement of execution of DEVELOPER-OWNER must be attached.)
Form Apprwod
8y City Council Juty 2, 1991 Fbso # El-194lKJH 6
EXHIBIT A 93
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THB STATE OF CALIFORNIA,
CO-UNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
LOTS 95, 96, 97 AND 98 OF THE CITY OF CARLSBAD TRACT 85-35, AVIARA
PHASE 1 UNIT C, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12411, FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 29, 1989.
EXCEPTING THEREFROM THE EASTERLY 60 FEET OF THE PREVIOUSLY REJECTED OFFER OF DEDICATION OF A PORTION OF SAID LOT 97 FOR STREET PURPOSES AS
SHOWN ON SAID MAP 12411.
SAID EASTERLY 60 FEET WAS ACCEPTED BY CITY OF CARLSBAD RESOLUTION NO. 92-100 RECORDED MAY 7, 1992 AS FILE NO. 1992-0276259 OF OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM ALL OIL, OIL RIGHTS, MINERALS, MINERAL
RIGHTS, NATURAL GAS, NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS 2Y WHATSOEVER NAME KNOWN, GEOTHERMAL STEAM AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER THE PROPERTY, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND
OPERATING THEREFOR, AND STORING IN AND REMOVING THE SAME FROM THE
PROPERTY OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR
DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THE PROPERTY OIL
AND GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE
SUBSURFACE OF THE PROPERTY, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETU-NNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES WITHOUT, HOWEVER, THE RIGHT TO ENTER UPON, REMOVE, WHIPSTOCK, DIRECTIONALLY DRILL, DRILL, MINE, STORE, EXPLORE OR OPERATE THROUGH THE SURFACE OF THE UPPER 500 FEET OF THE SUBSURFACE OF THE PROPERTY. I
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STATE OF CALIFORNIA )
j COUNTY Of SAN OIEGO )
/o l / 7 ???- , before me, &Tti/FmAn/~~ &-2?7 ,
onall/y appeared D.CD CLEMEA/$S . .
personally known to me wd
yshtirrC_1Zd,;cCsr)nrv &to be the personb) whose name-(s)
is/-are subscribed to the within instrument and acknowledged to me that
he/shq%ey executed the same in his/weir authorized capacitym, and that
by his/he+tbeir signature(s) on the instrument the person( or the entity upon
behalf of which the person-(-s) acted, executed the instrument.
Witness my hand and official seal.
SAN =GO COUNTY Chm. Expwer Feb. 27, 1998