HomeMy WebLinkAboutMS 93-06; Collins, Thomas L. Trustee; 1993-0461082; Public Facilities Fee Agreement/Release< * . .
RECbRDlNG REQUESTED BY AND
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Drive
Carlsbad, California 92008-l 989
SAH DIEGO COUHTY RECORDER’S OFFIZE i#!NETTE ELMIJS 5 ClltiMTY RECORDER
;;; 10.00 ‘[ES: 25.00 15.00 MF: 1.00 m-- --- .--- Space &o\ T iI.’ .’ . . . ; .‘ff(:q j .,.::‘I:’
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Parcel No. 205-020-l 7
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE GIN OF CARLSBAD FOR THE
PAYMENT OF A PlJBLlC FAClLlTlES FEE
FOR OUTSIDE THE BOUNDARIES OF COMMUNRY FAClLlTlES DISTRICT NO. 1
THIS AGREEMENT is entered into this 28 day of May 93 ,19-t
by and between Tinomas L. Collins, as, Trustee of Leone Evelvn Collins 1993 Trust
(name of developer-owner)
a Iuskk. _-- -,_-- __ _ ._ -, hereinafter ref2rrecj to as “De\e:o!,er” whoso address
(crrponzion, Fart$srtihi;;, t6c.j
is 1341 Oak Drive, Carlsbad. California 92008
(street) (city, state, zip code)
and the CITY OF CARLSBAD, a municipal corporation of the State of Califcrnia, hereinafter
referred to as “City”, whose address is 1208 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 fol’ows: Minor Subdivision
on said Property, which develol;rrlent carries the proposed n&me of Collins Minor Subdivision
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Form Approved
By Cii Council July 2,199l
Rsso # 91-l 94lKJH 1
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‘_ 1
‘and is hereafter referred to as “Development”; and 1221 *
WHEREAS, Developer filed on the 28 day of May
with the City a request for a minor subdivision
I 193,
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 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 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
Fm Approved
By City Council July 2,199l
Reso 4’9%1-H 2
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, 1222
. 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
for use” as used in this agreement, except in reference to mobilehome 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 or occupancy for which the
development is intended. Developer shall pay the City a public facilities fee in the sum of $1 ,150
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. lf 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 be-
come 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. lf 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
Form Approved
By City Council July 2.1991
Raso + 91-194/KJH 3
1223
be issued until the public facilities fee required by this agreement is paid.
4. Cii 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 lf 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 Cii 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 * lf 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 Clty herein shall be deemed to be a reference to and include their respective
successors and assigns without specific mention of such successors and assigns. lf Developer
should cease to have any interest in the Property, all obligations of Developer hereunder shall
Form Approved
6y Clly Council July 2.1991
Reso # 91-194/KJH
A .’ * . - -
‘. 1224
terminate; provided, however, that any successor to 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.
. * .
* . .
. . .
. . .
. . .
. . .
Form Approved
By city Council July 2,199l
Rem # 91-194/KJH 5
- ” h I
‘m . . 1225
IN WlTNESS WHEREOF, this agreement is executed in San Diego County, California as
of the date first wriien above.
DEVELOPER-OWNER:
&A f&.
BY ,
(signature) V- /
ClTY OF CARLSBAD, a municipal
corporation of the
State of California
Thomas L. Collins, as Trustee
of (print name) Leone Evelyn Collins 1993 Trustee
(title) -
Owner/Trustee
BY
for City Manager
BY (signature)
(print name)
(title)
ATTEST:
ALETHA L. RAUTENK
APPROVED AS TO FORM:
RONALD R. BALL, Cir Attorney
BY &puty City Attorney
(Notarial acknowledgement of execution of DEVELOPER-OWNER must be attached.)
Form Approved
Sy Clly Council July 2,199l
Rem # 91-194KJH 6
.r LT. -
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1226
State of CALIFORNIA
County of SAN DIEGO
On MAY 28, 1993 b&ore me. GABRIELA ZARTY**** . DATE ruY.rmCWOCtCLl EC 'woGENoTrcnryllc
personally appewed ***THOMAS L. COLLINS, TRUSTEE*** * WulEfS~ or sN3NE*ls~
mpersonally known to me - OR - 0 proved to me on the basis of satisfactory evi&na
to be me person(s) whose name(s) ia/qg
subscribed to me within instrument and ac-
knowbdged to me that ha!- exm
the same in his- authoritod .-*-+“-A,.‘:‘. ,>.,.A 27, (I . :.,, ,- - “‘,‘I, -y.T
c,y:.’ ; .:.I. ‘:3 capacity(ies). and that by his/m
( ,: :’ i i signature(s) on me instfufnont the pwaon(r).
” I ‘, ormeentityuponbehatfofwhichtheperson(s)
acted. executed tha instrument. h’ ’ .-:: ,., ,; ‘1 m:l,e> .A:~~&~;,‘. k,.uA.. i ._ . ,.. ._ W~myhandandoffidalsd.
~PA~CUIYED8YslGNUI [
0 I~WAuSi 4 $ 0 CORPORATE J ,
oFFlcEA(S~
TlRElSb
0 P~R(S~
0 Am-IN-FACT
egr-E(s,
0 slJBscRmlrawmEss 1
0 ~AMCONSERVATOR i
0 OTHER: I
THIS CERTIFICATE
MUST BE AlTACHED TO THE DOCUMENT OESCRISEO AT RIGHT:
TiiOflypoOfDOCtJ~ AGREEMENT BETWEEN DEVELOPER-OWNER
Number of Pa--- ’ nzmanmm.--
Signer(s) Other Than Named Above $=FN ORENyAK’
?il-’ UUUUXiUIUM 05-28-93
ALETHA L. RAUTENKRANZ, t
IX-R BALL .
EXHIBIT ‘A’
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY
OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
THAT PORTION OF TRACT ONE HUNDRED TWENTY OF CARLSBAD LANDS, IN THE COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1661, FILED
IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 1, 1915,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF TRACT 120; THENCE SOUTHWESTERLY
ALONG THE NORTHWESTERLY LINE OF SAID TRACT, 266.75 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTHWESTERLY ALONG THE NORTHWESTERLY LINE
OF SAID TRACT, 157.0 FEET; THENCE AT RIGHT ANGLES SOUTHEASTERLY AND PARALLEL
WITH THE NORTHEASTERLY LINE OF SAID TRACT, 400.0 FEET TO A POINT IN THE
SOUTHEASTERLY LINE THEREOF; THENCE NORTHEASTERLY ALONG SAID SOUTHEASTERLY
LINE 157.0 FEET; THENCE NORTHWESTERLY PARALLEL WITH THE NORTHEASTERLY LINE
OF TRACT, 400.0 FEET TO POINT OF BEGINNING.
TOGETHER WITH THAT PORTION OF THE NORTHWESTERLY 10.0 FEET OF PINE AVENUE,
AS VACATED AND CLOSED TO PUBLIC USE, LYING SOUTHEASTERLY OF AND IMMEDIATELY
ADJOINING THE ABOVE DESCRIBED LAND ON THE SOUTHEAST AND LYING BETWEEN THE
SOUTHEASTERLY PROLONGATION OF THE NORTHEASTERLY AND SOUTHWESTERLY LINES OF
THE ABOVE DESCRIBED LAND.
Fom Approved
Bv Cii Council Juk 2.1991
l&or er-1WlhlH 7