HomeMy WebLinkAboutMS 796; Mink Limited; 89-441260; Public Facilities Fee Agreement/Release.- 1
89 F-1 260 ’ 1717
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RECORDING REQUESTED BY AND )
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WHEN RECORDED HAIL TO: 1
CITY OF CARLSBAD 89&g 17 A!mScf
1200 Elm Avenue Carlsbad, California 92008
Space above this line for Recorder's use
Parcel No. t57?/5=3b0 -/SC
AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this f'ZZL day of Ac/GUSr , 190
by and between Mink Limited M
(Name of Developer-Owner)
a Partnership
(Corporation, Partnership, etc.) ' hereinafter referred to as "Developer"
whose address is 1621 61 Nido, Fallbrook, CA 92028
(Street) (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.
WITNESSETH:
WHEREAS, Developer is the owner of the real property described on Exhibit
* n. A 't 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 follows:
REV 3-l-88
Two Lot Parcel Map?
on said Property, which development carries the proposed name of N/A+
and is hereinafter referred as "Development"; and
WHEREAS, Developer filed on the 4& day of Rt.Jadf f- , i9a
with the City a request for Tentative Parcel Map L) 796 -
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, Develdper 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 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.
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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.
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 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.
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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. If the
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
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.
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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;l 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 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 Developer's interest in the
property shall have first assumed in writing the Developer'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.
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IN WITNESS WHEREOF, this agreement is executid in San Diego County, California
as of the drte first written above.
DEVELOPER-OWNER: CITY OF CARLSBAD, a municipal
corporation of the State of
California
By:
By:
(Title)
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk'
(Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.)
,
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STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO )"
On 7 August 1989, before me1 the undersigned, a Notary Public in and for said State, personally appeared Arthur S. Plaut personally known to be (or proved to me on the basis of satisfactory evidence) to be the person that executed the within instrument as attorney-in-fact on behalf of Mink Limited, the partnership therein named and acknowledged to me that the partnership executed it.
WITNESS my hand and official seal.
Signature
Karrkn
EXEIBIT "A" ’ 1724
LEGAL DESCRIPTION
Lot 207 of La Costa Meadows Unit No. 1 in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 6800, recorded December 9, 1970 as File No. 225648.
.
A
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34 ESYIMISpckJEROF- Ipade this /B b
One thousand nine hundred and eighty-nine (1989) KU%
LRWIXD a carrrpany duly incorporated in the Isle of T&n and
having its Registered Office situate at 15 Cronk Drean
Douglas Isle of &bn (hereinafter referred to as "the
C-Y" 1 HEREl3YJlI?KlINT AR!WUR X?LAUF of 1621 El Nido
Drive Fallbrook California 92028 United States of America
to be Attorney for the Ccqany for the purpose of
concluding any and all ccxnrter cial transactions on behalf
of the Ccqany in the State of California United States of
mica and concerning a property 6734 Luciemaga Place Ia
Costa Car&bad California United States of mica AND
DEXXMET that this Power of Attorney shall enccxqass the
right for the said Arthur Plaut as lawful Attorney for the
ccnpny and in the name of the w and on behalf of
the cxxqxny to perform the following acts:-
(1) to sell and dispose of ALL AND SIIGUL?W the
hereditanents and presnises 6734 Luciemaga Place La
Costa Carl&ad California United States of Awrica
with appurtenances either by private contract or
public auction for such price as to him shall seem
reasonable
(2) upon receipt of the consideration of purchase ITloney
for the sawz to give a good receipt therefor which
receipt shall exonerate the person paying such
rroney from seeing to the application thereof or
being responsible for the loss or misapplication
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thereof
(3) To sign and as the Company's act and deed deliver
any Deed or ins ixunent in writing and to do every
other thing whatsoever which may be necessary or
appropriate for carrying any agreex2nt for the sale
into ccx-qlete effect and execution in such manner
that all the Ccqany's estate right title and
interest in or to the said hereditaments and
prexnises with the appurtenances rrkay be effectually
and absolutely conveyed and assured unto the
pu.r&aser the-f in fee siqle or unto such other
person or persons and for such estate or estates
therein and in such manner and fomn as he or they
shall direct and appoint AND the Cmxpany EiwEBp
DEXXAFUS that all and every the receipts deeds
matters and things which shall be by him its said
Attorney given mde executed or done for the
aforesaid purposes shall be as good valid and
effectual to all intents and purposes whatsoever as
if the same had keen signed sealed delivered IMde
orgivenbythe Ccanpany
AND the Ccarrpany hereby undertakes at all tixes to ratify
whatsoever its said Attorney shall lawfully do or cause to
be done in or concemin g the premises by virtue of this
FOwzr of Attorney
AND!I!E3E(Il34E??D- that the peer hereby created
shall be irrevocable for the period of TWEIVEMX?EE fmxn
2
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thedatehereof
IN-~ the Ccgnpany hath executed these
presents this the day mnth andyearftistbeforewritten
Exncum,W~eCcanpanY in the presence of:-
At Douglas Isle of Man this 18th day of July 1989
I, PETER JAMES KNEALE of St. George's Chambers, Hill Street, Douglas, Isle of
Man Notary Public the subscribing witness to the execution of the foregoing deed HEREBY CERTIFY that the Common Seal of Mink Limited was duly impressed
thereon in the presence of JAMES KIRKPATRICK Director and SHIRLEY MARGARET
KIRKPATRICK Secretary of such Company and who are known to me and that the same
was signed by the said James Kirkpatrick Kirkpatrick in my presence.
Notary Public