HomeMy WebLinkAboutMS 737; Siburg, Salvadore and Arsenia; 87-319735; Public Facilities Fee Agreement/ReleaseF'RECORDING REQUESTED BY AND J,1 841
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‘ WHEN RECORDED MAIL TO: >
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1 CITY OF CARLSBAD 1 1387 JUN -9 PH I: 07
1200 Elm Avenue
Carlsbad, California 92008' VEi?,? i...I.‘;‘i L LL
COUN I Y i.:t.Cl!l!ili It \
Space above this line for Recorder's use
Documentary transfer tax: =@$3+-~ 1 ,RF//
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------MG 'I Signature of declarant determining I
tax-firm name
City of Carlsbad
Parcel No.
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into tnis /g day of MAY , 19 b”7
by and between _"jPLu&&~ 77 +- M.f5~~&9 f 52i4%-
(name of developer-owner)
f~$,'Gdw? 'L
(Corporation, partnerShip, etc.)
, hereinafter referred to as
address is 3~/6 &d>A.E/h S&F<
(street)
"Developer" whose
(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.
W ITNESSETH:
WHEREAS, Developer is the owner of tne real property described on
Exhibit 'IA"* ' 9 attacned hereto and made a part of this agreement, hereinafter
referred to as "Property"; and
WHEREAS, Tne Property lies Within the boundaries of City; and
WHEREAS, ,Developer prop0ses.a development project as follows: J- Cd&nom//o,/ &4! Mu/ 7-S *
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‘. II J’ 842 . L . . on said Property, which development carries the proposed name of
and is hereafter referred to as "Development"; and
WHEREAS, Developer filed on the $--d day of i&e
19 w, with the City a request for /y)-&m/2, CCL. Uf’d? ,kk)
3-7 .
hereinafter referred to as "Request"; and
WHEREAS, tne 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 avail able 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 tne correctness of Council Policy
No. 17, dated April 22, 1986, on file with the City Clerk and incorporated by
this reference, and tnat 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 tne proposed Development; and
WHEREAS, Developer has asked the City to find that public facilities
and services will be available to meet tne future needs of the Development as
it is presently proposed; but tne Developer is aware tnat the City cannot and
will not be able to make any such finding witnout financial assistance to pay
for such services and facilities; and therefore, Developer proposes to nelp
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 tne covenants
contained herein, the parties agree as follows:
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1. Tne Developer shall pay to the City a public facilities fee in an
amount not to exceed 2.5% of the building permit valuation of the building or
structures to be constructed in the Development pursuant to the Request. Tne
fee snall be paid prior to the issuance of building or other construction
permits for the development and Shall be based on the valuation at tnat 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 shall
pay a fee for conversion of existing building or structures into condominiums in
an mount not to exceed 2.5% of tne building permit valuation at the time of
conversion. Tne 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, snall not refer to grading permits or otner
permits for the construction of underground or street improvements unless no
Other permit iS necessary prior to tlIe use or occupancy for whicn the
development is intended. Developer Wall pay the City a public facilities fee
in the sum of $1,150 for each mobilehome space to be constructed pursuant to the
Request. Tne fee Shall be paid prior to tne issuance of building or otner
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 tne financial obligation agreed upon in
Paragraph 1 above. If Developer offers to donate a site or sites for public
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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 otner permits. Such
determination, when made, shall become a part of this agreement. Sites donated
under this paragrapn shall not include improvements required pursuant to Titles
18 or 20 of the Carlsbad Municipal Code.
3. This agreement and tne fee paid pursuant hereto are required to
ensure the consistency of tne Development with the City's General Plan. If tne
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
tne 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 tne 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 tne payment of tnis and similar public facilities fees are
available.
5. City agrees to provide upon request reasonable assurances to enable
Developer to comply witn 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 snail terminate in the event tne Requests
made by Developer are not approved.
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7. Any notice from one party to the other mall be in writing, and
snall be dated and signed by the party giving sucn notice or by a duly
autnorized 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 tne City of personal delivery thereof to
the. City or by depositing same in tne United States Mail, tidressed to the City
at the address set fortn nerein, 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. Tnis agreement snall be binding upon arid shall ensure to the
benefit of, and Shall apply to, the respective successors and assigns of
Developer and the City, and references to Developer or City herein shall be
deemed to be reference to and include their respective successors and assigns
witnout specific mention of sucn successors and assigns. If Developer should
cease to nave any interest in the Property, all obligations of Developer
hereunder snall terminate; provided, however, that any successor of Developer's
interest in the property Shall have first assumed in writing the Developer's
obligations hereunder.
9. This agreement shall be recorded but snall not create a lien or
security interest in tne Property. When tne obligations of tnis agreement have
been satisfied, City Shall record a release.
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. ’ IN WITNESS WHEREOF, this agreement is executed in San Diego County,
California as of the date first written above.
DEVELOPER-OWNER:
La *‘)yhl
'(name1 ARSENIA SIBUG
BY
SALVADORE TORFtES SIBUG /
(Ti tW
BY
(Title)
ATTEST:
CITY OF CARLSBAD, a municipal
corporation of the
State of California
ED AS TO FORM:
For F. 0. Aleshirz
City Manager
(Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.)
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EXHIBIT “A”
LEGAL DESCRIPTION
Lot 250 of La Costa South Unit No. 3 according to map
no. 6533 recorded in the County of San Diego, State
of California, November 3, 1969.
Individual AcKnowledgment
S;TATE OF CALIFORNIA
COUNTY OF San Diego SS.
On this ___ lgtbay of May , in the year 19 87 , before me, the undersigned, a Notary Public in
and for said County and State, personally appeared ARSENIA SIBUG and SALVADORE TORRES SIBUG*k*****k**"*"**************************************************
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person3
whose name S subscribed to this instrument and acknowledged that they executed it.
WITNESS my hand and official seal.
Notary Public in and for said County and State
Notary Seal
OFFlClAL SEAL CAROL A. GREEN Notary Public-California SAN OIEGC COUNTY My Comm. Erg. 4~. 30,1@@0
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First American Title hsurance Company
411 IVY STREET, (P.O. BOX 808) SAN DIEGO, CALIFORNIA 92101 l (61?) 238-1776
February 27, 1986
SALVADOR SIBUG 3016 Cabencia Street
Carlsbad, California Y42- ms\
ATTN: SALVAJIOR
Our Order No. 917083-g
Dated as of February 20, 1986 at 7:30 a.m.
BONNIE STARK/hsp TITLE OFFICER
The form of policy title insurance contemplated by this report is:
PRELIMINARY TITLE REPORT
Title to said estate or interest at the date hereof is vested in:
SALVADOR T. SIBUG and ARSENIA P. SIBUG, husband and wife as joint tenants
The estate or interest in the land hereinafter described or referred to covered
by this Report is:
FEE
The land referred to herein is described as follows:
Lot 250 of LA COSTA SOUTH UNIT NO. 3, in the City of Carl&bad, County of San Diego, State of California, according to Map thereof No. 6533, filed in the Office of the County Recorder of said County, November 3, 1969.
PAGE NO. 2
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iAt, the date hereof exceptions to coverage in addition to the printed exceptions
and exclusions contained in said policy form would be as follows:
1. Second Installment, General and Special taxes for the fiscal year 1985-86.
2. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code.
3. Covenants, conditions and restrictions, but deleting restrictions, if any, based on race, color, religion or national origin, in an instrument recorded November 3, 1969 as File No. 201943 of Official Records.
Said instrument provides that a violation thereof shall not defeat or render invalid the lien of any mortgage or deed of trust made for value.
4. A Claim of Lien for labor and/or materials or both furnished in connection
with a work of improvement on said property. Claimant: JOHN J. KARKOVACKI and JAMES L. LUKICH, doing business as JOHN AND JAMES FURNITURE AND CABINETS
Amount: $2,000.00 Recorded: January 17, 1986 as File No. 86-022453 of Official Records
5. Any Claims of Lien upon said land, a Notice of Completion, regular in form,
stating that a work of improvement was completed on February 17, 1986. Executed by: SALVADOR T. and ARSENIA P. SIBUG as joint tenants
Recorded: February 19, 1986 as File No. 86-065646 of Official Records
6. The effect of documents, proceedings, liens, decrees or other matters which
do not specifically describe said land, but which may affect the title or impose liens or encumbrances thereon. The name search necessary to
ascertain the existence of such matters has not been completed and we will
require a Statement Of Information from SALVADOR T. and ARSENIA P. SIBUG.
1985-86 TAX INFORMATION:
CODE AREA:
PARCEL NO.:
1ST INSTALLMXt':
2ND INSTALLMENT:
LAND VALUE:
IMPROVEMENTS:
EXEMPT:
09047
216-240-32
$474.78 PAID
$474.78 OPEN
$68,800.00
Disk No. C-4056