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Home My WebLink AboutMS 832; Lyon/Copley Carlsbad Associates LP; 90-202007; Public Facilities Fee Agreement/Release-- -- -’ - - i , *. . 9f- ul2007 . , 1071 .’ I---- $.,::; i’-g:; ;2;. i. ;y RECORDING REQUESTED BY AND ) f:fTFiC;&.L ;:s'*;..;;;ir?s -I - i .T ;* WHEN RECORDED‘ MAIL TO: $ iiF- ‘- I i: 7. i :-- ." '1 3p1 ;jgT.-i;; :. .:cu. 3.3 . li . . CITY OF CARLSBAD 1 90Af)R 13 PH 2m 1200 Elm Avenue VERA t. i-$bEl Carlsbad, California 92008 j Cg;ffjTy FF‘:;&?&f i; i I__-. Space above this line for Recorder's use Parcel No. /k?-/a/tis?.; /6k%~%%? AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 7 TH day of DECEMBER ) 192 by and between LYON/COPLEY CARLSBAD ASSOkATES w (Name of Developer-Owner) a CALIFORNIA LIMITED PARTNERSHIP (Corporation, Partnership, etc.) ' hereinafter referred to as "Developer" whose address is 4490 VON KARMEN NEWPORT BEACH, CA. 92660 (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 “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 follows: REV 3-l-88 on said Property, which development carries ths proposed name of VILLAGE E OF THE CALAVERA HILLS MASTER PLANNED COMMUNITY and 1s hereinafter referred as "Development"; and WHEREAS, Doveloper filed on the 7TH dry of DECEMBER 9 1989, with the.Clty a request for TENTATIVE PARCEL MAP herelnaftor referwd to as "Requttt"; and WHEREAS, the Publle Faclllties Element of thr Clty General Plan requlreo that the Ctty Council find that all public facilities necessary to servo a development will be avallable concurrent with nead or such development shall not be approved (said element Is on. file with the City Clerk and jr incorporated by this reference); and WHEREAS, Oevelopor and City rstognlre the correctness of Council Policy No. 17, dated July 28, 3987, on ftle wlth the City Clerk and Incorporated by this refChroncefi and that the City's public frcllitles and services are crt capacity and will not br avallable to accomnodatt the additlonal need for public facllitles and services resulting from the proposed Development; and WHEREAS, Doveloprr has asked the City to find that public facilltfes and services will be available to meet the future needs of the Development as it is presently proposed; but the Devtluper is aware that the City cannot and will not be able to make any such flnding wlthout financtal assistance to pay for such furvIces and facllftles; and thersforr Develop&r proposes to help satisfy the Goneral Plan as Implemented by Council Policy No. 17 by payment of a publlt facllltles fee, REV 3-l-88 2 .I . . . 1073 MOW TWWORE, 1 n considerrtlon of the rrcjtals and the covenants contained herein, the parties agree a~ follows: 1. The Davrloper shall pay to the City a public facilities fee in an amount not ta exceed 3.5% of the building permit valuatton of the bulldtng 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 far thr develapment and shall be based on the valuation at that time, This fee shall be In addition to any fees, dedicatIona or improvements required pursuant ta Titles 18, 20 or 21 of the Cwlrbad Munlctpnl Code, Developer shall pay a fee for cenversjon of existing bulldlng or structures into candominlums in an amount not to exceed 3,5X of the bulldlng permit valuation at the time of convrrsion, the fee for P eondomtnium conversion shall be paid prlar to the Issuence of a condomlnlum conversion permit as provided in ChaptFr 21.47 of the Girlsbed Municjpal Code, Condominium shell Include conmunlty apartment or stock cooperative. The terms "other construct1 on permits", "other construction permit" and entitlement of use" 6s used In this agreement, except in reference to mobile home sites or prujects, shall not refer to grading permits or ether permits for the canstructlon of underground or street improvements unless no other permit is necessary prior to the use of occupancy for which the development is Intended, Oeveloper shall pay the City a public facilltlas fee In the sum of $1,150 for eech moblle home space to be canotructed pur$uant to the request. The fee shall be pafd prior to the Issuance of bullding or other constructIon permits for the development. This fee shall be in addltlon to any fees, dedications or improvements required accordfng to Titles 18, 20, or 21 of the Carlsbad Municipal Code. REV 3-1-88 3 r 2, fhe Reveloper may offer .to danate a slte ot‘ sites for public facilitias In lieu of a11 or part of the Flt~an~ial obligation agreed upon in Paragraph 1 above. If Developer offers to donate a site or sites for public facifttles, the City shall consider, but is not obligated to accept the offer, The time for donatlon and amount of credit against the fee shall be determined by City prior to the issuance of any building or other permits, Such determtnatlon, when made, shall become a part of this agreement. Wet donated under this partgraph shall not Include improvements required pursuant to TWes 18 or 20 of the Carlsbad Munictprl Cods, 3. This agreement and the fee pald pursuant hereto art required to ensure the consistency af the Dtvalopmtnt with the City's General Plan. If the foe Is not paid as provided hereln, the Clty will not have the funds to provide public facWtlto and services, and the development will not be consistent w4fh the General Plan and any approval or ptrmIt for the Development shall be void, No bulldIng or other canstructlon pennlt or entitlement for use shall be issued untI\ the public facilities fee rtcjuired by this agreement Is paid, . City agrees to deposit the fees paid pursuant to this agreement fn a facllittrs fund for the flnanclng of public facilItfes when the City 4 public Councl funds 1 dettnnines the need exists to provide the facllit!es and sufficient from the payment of this and similar public facilitfes fees art rvoilablt, 5. City agrees to provtde upon request reasonable assurance3 to enable Developer to comply with any requirements of other public agencies as evidence of adequate public facilities and srrvlce sufflcltnt to accommodate the needs to the Oevtlopmtnt hereln described, REV 3-l-08 4 - 1075 -1 . ’ . -* * I. 6. All oblIgrtions hereunder shall termlnttt in the event the Requests made by fMv4lOpt~s are not approved, 7. Any notlcc from one party to the other shall be in wrltjng, and shall be datrd and signed by the party giving such notice or by a duly authorized representative of suth party, Arty such notice shall not be effectlvo for any , purpose nhatsoevar unless served In one of the following manners: 7.1 IQ notice 4s given to the CWy by personal delivery thereof to the City or by deposftlng same in tht United States Mall, addressed to the City at the address set forth htrefn, enclosed In a staled envelope, addressed to the City attention of the City Manager, postage prepaid and certWtd. 7.2 If notice given to Developer by personal dellvery thereof to Developer or by depositing the same In the Unftrd States Hall, enclosed In a seal td ewe1 ape, addressed to Developer at the address as may have been designated, postrgt prepaid and certified, 8. This agreement, shall bo blndlng upon and shall tnsurt to the benefit of, and shall apply to the rtsptctive successors and assigns .of Developer and tht City, and rtftrtncts to Developer ,City heroin shall be deemed to be refertncts to and include their respactive succes$ora and asslgns without specific rnentton of such successors and assigns. If Developer should mast to have any interest in the Property, all obligations of Developer hereunder shall termtnate; provtdtd, howtver, that any successor of Developer's lnttrest tn the property shall havt ftrst assumed fn writing the Developer's obllgat1ons hrreunder. 9. lhls agreement shall be recorded but shall not create a II tn or security interest fn the Property. Uhen the abligat1ons of this agreement have been sattsfled, City shall record a release. REV 3-I-88 5 .- 1::s c IN WITNESS MEREOF, this agracmsnt IS oxecutid in San CUego County, California as of the datr first written above. CITY OF CARMAO, a municipal corporation of the State of California GARRY TARQUINIO By: LYON COMMUNITIES, INC. AS General Partner for 8y: Lyon/Copely Carlsbad Associates (Title) for City Manager 6y: ATTEST: . APPROVED A$ TO FORM: . . City Attorney (Notarirl acknowladgement of cxocutlan by DEVELOPER4WNER must be attached.) . L REV 3-l-88 Acknowledgment by Corporatlon which is General Partner) STATE OF CALIFORNIA COUNTY OF San Diw.w ss. On this 7th day of December , in the year 1989, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Garrv M. Tarauinio 9 Personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as Division Manager and Authorized Agent and/or or on behalf of the Corporation theram named and on behalf of the Partnership; and acknowledged that the Corporation executed and the Part- nership executed the instrument. Notary Seal Notary Public in and for said County and State A PORTION OF LOTS D 6 J OF THE RANCH0 AGUA HEDIONDA IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CA, ACCORDING TO THE MAP THEREOF NO. 823. REV 3-l-88 7