HomeMy WebLinkAboutMS 92-09; Boyce Partnership; 1992-0845334; Public Facilities Fee Agreement/Release.
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WHEN RECORDED MAIL TO:
,’ h’Y OF aSBAD 1, f 1200 Carlsbad Village Drive > Carlsbad, California 92008 > j
OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER’S OFFICE MNETTE Ey;N;; ~OU~~~E~E~~R~ER
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Parcel No. 206-180-32
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this & day of 0 q, 19 Qy and between
BOYCE PARTNERSHIP
(Name of Developer-Owner)
a PARTNERSHIP , hereinafter referred to as “Developer”
(Corporation, Partnership, etc.)
whose address is 4 9 2 5 5 E .
(Street) (City, State, Zip Code)
and the CITY OF CARLSBAD, a municipal corporation of the S&ate of California, hereinafter referred
to as “City’, whose address is 1200 Carlsbad Village Drive Carlsbad, California, 92008.
WITNESSETH:
WHERr%!$ 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: MINOR
SUBDIVISION on said Property, which development
carries the proposed name of BOYCE MINOR SUBDIVISION and
Form Nppmved By city council April -1986
Reso. No. 9169 1
.
is hereinafter referred as “Development”; and
WHEREAS, Developer filed on the 6 day of &!Y ,19Btith the City a request
for TENTATIVE PARCEL MAP
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 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
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.
Fom Approved
ByCityCouncilApril~ 1986 Reso. No. 9169 2
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.
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 Civs 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
Fom~Approved EsycitycamcilApril22,1986 Redo. No.9169 3
~ 1975
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 shah 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 attenkn of the City M;inager, pxtage 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. This agreement, shall be binding upon and shall ensure to the benefit of, and shall
Form Approved By city council April a1986 Rue. No. 9169 4
1976
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 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.
L
Form Approvrd By city council April q 1986 Rue. No. 9169
.
IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date
first written above.
DEVELOPER-OWNER: CITY OF CARUBAD, a municipal
BOYCE PARTNERSHIP corporation of the State of
JOHN E. BOYCE California
(name)
,’
fl &Li.+/ By:
MANAGING PARTNER
(Title)
By:
By: u
For City Manager
(Title)
ATTEST:
,
ALETI-IA L. RAbTENK&UZ, City Clerk
APPROVED AS TO FORM:
(Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.)
Form Approved By city Council April -1986 Reso. No. 9169
personally appeared
0
NAI
personally known to me - OR -g proved to me on the basis of satisfl
to be the personti whose
ME(S) OF SIGNER(S)
_
namefl) (rj . . .---a ^-A LIIIII IIISLIUIII~~IIL ~IIJ ac- subscribed to theKwlL’- ‘--&.
knowledged to
the same in
capacity(i&J, and that bj
signature(Xj_on the instrumen
orthe entity upon behalf of whit
I
:h the person&) . acted, executed the instrument.
Witness my hand and official seal.
LL-PURPOSE ACKNOWLEDbMENT 1978
CAPACITY CLAIMED BY SIGNER
a INDIVIDUAL&
q CORPORATE
OFFICER(S)
TITLE(S)
pd PARTNER($J
0 ATTORNEY-IN-FACT
0 TRUSTEE(S)
0 SUBSCRIBING WITNESS
, 0 GUARDIAN/CONSERVATOR
~ q OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSONWQR ENTITYOES) . . _ ce ‘vQrwh4P
SlGNATUFtE OF &CfT
AlTENTlON NOTARY: Although the information requested below is OPTIONAL, it could preient fraudulent attachment of this certificate to unauthorized document.
THIS CERTIFICATE
MUST BE ATTACHED
TO THE DOCUMENT
DESCRIBED AT RIGHT:
Title or Type of Document
Number of Pages
Signer(s) Other T
Q 1991 NATIONAL NOTARY ASSOCIATION * 6236 Remmet Ave. * P.O. Box 7184 * Canoga Park, CA 91304-71
1979
EXIIBI-l- “A=
LEGAL DESCRB’TION
THAT CERTAIN PORTION OF LOT 4 IN BLOCK C OF BELLAVISTA, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2152,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 7,1929,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHEASTERLY CORNER OF SAID LOT 4; THENCE ALONG THE
SOUTHERLY LINE OF SAID LOT 4, SOUTH 73”21’ WEST 10.00 FEET TO THE TRUE POINT OF
BEGINNING; THENCE CONTINUING ALONG SAID SOUTHERLY LINE, SOUTH 73 “21’ WEST 195.50
FEET MORE OR LESS TO THE MOST SOUTHERLY CORNER OF SAID LOT 4; THENCE ALONG THE
WESTERLY LINE OF SAID LOT 4, NORTH 26”09’ WEST 160.00 FEET TO THE BEGINNING OF A
TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 465.00 FEE1’; THENCE
NORTHERLY ALONG THE ARC OF SAID CURVE 56.60 FEET THROUGH A CENTRAL ANGLE OF
6”58’25” TO THE MOST WESTERLY CORNER OF LOT 4; THENCE ALONG THE NORTHWESTERLY
LINE OF SAID LOT 4, NORTH 26%’ EAST 110.30 FEET MORE OR LESS TO INTERSECT A LINE
PARALLEL WITH AND DISTANT 20.00 FEET SOUTHWESTERLY, MEASURED AT RIGHT ANGLES,
FROM THE NORTHEASTERLY LINE OF SAID LOT 4; THENCE ALONG SAID PARALLEL LINE,
SOUTH 63”49’ EAST 216.60 FEET MORE OR LESS TO A POINT ON A LINE WHICH IS PARALLEL
WITH AND DISTANT 10.00 FEET WESTERLY, MEASURED AT RIGHT ANGLES, FROM THE
EASTERLY LINE OF SAID LOT 4; THENCE ALONG SAID PARALLEL LINE, SOUTH 16”39’ EAST
143.67 FEET MORE OR LESS TO THE TRUE POINT OF BEGINNING.
Form Appruved
By City Council April 22, 1986
Rem. No. 9169