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Home My WebLink AboutMS 93-07; Aviara Land Associates Limited Partnership; 1993-0599398; Public Facilities Fee Agreement/Release. _ * _ - 1 .’ .* d I ‘ . c7c B ~933-0599398 13-SEP-1993 lO=SS till OFFICIki. HECDKDS SAN DIEM COUNTY KECDRDER’S OFFICE fHlETTE EUClNS, CUMTY RECORDEK KF: 11.00 FEES : 29.00 ;;; 17.00 1.00 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk CITY OF CAALSBAD 1200 Carlsbad Village Drive Carlsbad, California 92008-l 989 ) i ) 681 ) 1 ): Space above this line for Recorder’s use Parcel No. 215-O 20-15 AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CR-Y OF CARLSBAD FOR THE PAYMENT OF A PUBUC FACILITIES FEE FOR OUTSIDE THE BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 1 THIS AGREEMENT is entered into this 2 day of AulEust ,192L by and between Aviara Land Associates Limited Partnership , (name of developer) a D.elaware limited Partnexhereinafter referred to as “Developer” whose address wporation, partnership, etc.) is2011 Palomar Airport Road, Suite 206, Carlsbad, CA 92009 (street) (city, state, zip code) and Bank of America, Trustee of the Mary E. Bressi Trust (name of legal owner) a National Banking Assoc. , hereinafter referred to as Qwner’, whose address (individual, corporation, etc.) is 234 E. CBlvd.. CA 9iini WM (city, state, zip code) AND the CllY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred \ to as “City”, whose address is 1200 Carlsbad Village Drive, Carisbad, California, 92008-1989. / F-M Bycicycwndl3uiy%1991 Ruo# 91-19uluH . - * . . -32 RECITALS WHEREAS, Owner is the owner of the reai 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 WHERfZAS, Developer has contracted with Owner for an option to purchdse- emI proposes adevelopmentprojectasfollows: Subdividinn subiect Drgnertv m a 3-2 acre parcel and a 20.3 acre parcel . The 3.2 acre being a remainder on parcel. said Property, which development carries the proposed name of The villas at El Camino Real and is hereafter referred to as “Development”: and WHEREAS, Developer fited on the 30 day of June I WZL with the City a request for tentative parcel map and other permits. , 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. t 7, dated July 2. 1991, on fk with the City Clerk and incorporated by this reference, and that the Cl’s public facilities and services are at capacity and will not be available to accommodate-the additional need for public faciiiies and services resulting frcrn the proposed Development: and WHEREAS, Developer and Owner have asked the City to find that public facilities and services will be available to meet the future needs of the Devebpment as it is presentty F-M BYacYcouadJuly4 1991 aso# 91-19uIuH 2 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 and Owner propose 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 and Owner 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 and Owner 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 indude community apartment or stock cooperative. The terms “other construction permits”, “other COnStrUctiOn permit” and “entitf8m8nt for use* as used in this agreement, except in reference to mobilehome Sit8S or prO@tS, shall not r8f8f t0 grading permits or Oth8f permits for th8 construction of underground or street improvements unless no other petmit is necessary prior to the us8 or occupancy for which the deveiopment is intended. Developer and owner shall pay the City a public facilities fee in the sum of $1,150 for each mobilehome space to b8 corwtfuct8d pursuant to the fl8qU8St. Th8 f98 shall be paid prior to th8 iSSuanC8 Of building Of Other construction permits for the development This fee shall be in addition to any fees, dedications or improvements required according to Titles 18, 20 of 21 of the Carlsbad Municipal Code. F-Aqpmnd ~CicyfhundJuly2,1991 Rae # 91.19wwx 3 2. The Developer and Owner 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 and Owner offer 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 th8 fee shall be determined by City prior to the issuance of any building or other permits. Such d8t8rminatiOn, 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 Cartsbad Municipal COd8. 3. This agreement and the fee paid pursuant hereto are required to ensure th8 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 us8 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 agr88S to provide UpOn request reaSOnabt8 aSSurarE8S to enable 08VetOp8f to comply with any requirements of other public agencies as evidence Of adequate public facilities and s8rvicxa s~ffid8nt to accommodate the needs of the &~8topment herein described. 6. A! ObtigattOnS hereunder shall terminate in th8 8V817t th8 &quest made by Developer is not approv8d. 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 duty authorized repres8ntatk8 of such party. Any such notk8 shall not b8 8ff8ctiV8 for any pUrpOS8 whatsoever unless served in one of th8 F-m ayacy-JuJy~ 1991 Rue # 91-19uKm 4 685 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 city 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 th8 address as many have b88n 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 SuCC8SSOrS and asSignS Of D8VelOp8r, OWner and City, and references to D8VelOp8r, owner or City herein shall be deemed to be a reference to and include their respective successors and assigns without specific mention of such successors and assigns. If D8VelOp8r should cease to have any interest in the Property, all obligations of Developei hereunder shall terminate; provided, hOW8V8r, that any succ8ssor to Devefoper’s interest in the property shall have first assumed in writing the Developer’s obligations hereunder. At such time as Owner c8ases to haV8 any interest in the Property, all obligations of owner hereunder shall terminate; provided, however, that if any succ8ssor to the owner’s interest in the Property is a stranger to this agreement, such successor has first assumed the obligations of Owner in writing in a form acceptable to city. 9. This agr88rll8nt Shall be recorded but shall not Create a lien or S8CWity interest in the Property. Wn8n the obligations of this agreement have been satisfied, city shall record a r818W8. F-m syaty&uncilJuly2,1991 Rue # 91-19uKlH 5 . IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER: CITY OF CARLSBAD, a municipal corporation of the State of California Title: Vice For City Manager OWNER: Bank of America, NTS&A, as Trustee under Declaration of Trust dated June 2, 1989, F/B/O Mary E. Bressi / By:uO ‘c ATTEST: ALETHA L. RAUTENKRANZ, City Clerk APPROVED AS TO FORM: . + 04 /tid, RONALD R. BALL, City Attorney J3 C fl (Notarial acknowledgement of execution by DEVELOPER and OWNER must be attached.) Form Approved By City Council April 22,1986 RHO. No. 9169 . State of R/w4 county of shv h%o Ofl /4u 6. Al /9? jkfon 'n8. A A/&OLD l 3rrs ’ . uy muoQIcu CG ‘;wloQ.19Tw*lllllle personally aogeared , ruull¶l gr S~*cSl # personally known to me - OR - 0 proved to ma on the basis of saWWuy evidwa tokrn0f30fs0nodo3b0~*~ subscntmtom8wlttlirrI~atldr- knowfedged to mo ttw hwslwthmpxocutmd the sarno In hisI- l uthorizod caprcttym and th8t by hil/B sqnatur*on the MUumnt the pet3m@h om88rltltyuoon~ofwnichthr,p8fsal~ acted. executed tha MrwwfR WiimyhrndandaMdJ~. =ApAcm CwufD 8Y SIGNER a m~0~4i~ P( C-E WncERm L//A5 kPz5 l IrUISl a PAATMCWSI 6/ */ft. a ATTORNEY-IN-FACT a MIEIS) a wmmm8ciwm~~~ a OUIAO(WOIUSERVATW qonrur: *~mtAm:*rrsuqrm8 -dkmIB-. THIS CEffTIFlCATE TM8orTyp8doaaJm8nt MUST SE ATTACHE0 TO THE oocUMENT 0ESCAl8E0 AT FIIGHT: sis)olhum~Aban Slate of Cl lr Caunty of L-J 5 /qyjqL es c 1 Qn .LZ$L.&ia~m~e. Personally a008aree x persanally known ?O m8 - on - a PfOVti t0 rTl0 Ofl tn8 m ot - w to k me wrs43fw doso wnds) itin s-tom8wlhm-urd~ hmdedq~tom8~hu~mcuW the srmo in hts/her/thotr authorltad cagactty(ios). and thlt by hiwhwt?mtr slgnaturds) on me I- me m=w. LEE THOMPSQN orm88ntltyuponk(rrllofw)ridrm8~(r) NOTARY PUBLIC - CALlFORNlA acted. executed the insmrmrrrL W~myhandandamdrlSMi. .7 CAmlrf culyfo BY SIGHER a M~WWUS \ smm ts AmEsE)m)(G: *yu q-0 emnhWs~ A% IF, % ( tcss I MUST BE AVACHED TO TWE oocuMENT OESCRl8EO AT RIGHT: . ,, - ..I . 689 EXHIBIT ‘A’ A PORTION OF PARCEL 2 OF PARCEL MAP NO. 1188, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 20,197Z. BEING A DIVISION OF A PORTION OF LOT A OF RANCH0 AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, AND A PORTION OF SECTIONS 25 AND 26, AND FRACT’IONAL SECTIONS 23 AND 24, IN TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO OFFICXAL PLAT THEREOF. EXCEPTING THEREFROM, THAT PORTION OF COUNTY ROAD SURVEY NO. 1800-1, AS GRANTED TO THE COUNTY OF SAN DIEGO BY DEED RECORDED JULY 24, 1970. F-Appmnd erctrv-Jurr4m91 RHO # 91-w4alH