HomeMy WebLinkAboutMS 96-06; Carruth, Dennis and Kirkpatrick, Bruce T.; 1997-0014073; Public Facilities Fee Agreement/Release_ .;.. -. , ‘. I >-
0 qv’
982 ilc It 1997-0011073 13-JAH-1997 09235 CIII
;+Y 1L j r OFFICIAL RECORDS SiM DIE60 COUNTY RECORDER’S Off ICE GREGORY SMTH, COUNTY RECORDER RF: 14.00 FEES : 34.00
$i . ‘El RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: )
) City Clerk ) CITY OF CARLSBAD ) 1200 Carlsbad Village Drive ) Carlsbad, California 92008- 1989 )
Space above this line for Recorder’s use
Parcel No. 205-260-05
WwT-ob
AGREEMENT BETWEEN OWNER, DEVELOPER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
FOR OUTSIDE THE BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 1
TIIIS AGREEMENT is entered into this 18Tl-l day of DECEMBER ,19 96 ,
by and between (name of developer)
DENNIS C. CAFWJTH and BRUCE T. KIRKPATRICK
a (corporation, partnership, etc.) individw , hereinafter referred to as “Developer”
whose address is (street, ci@, state,zipcode) 3634 Marjorie Lane, Carlsbad. CA 92008
and (name of legal owner) URBAN J. MERTES. THE U-N
J. MERTES LIVING TRUST
a (individual, corporation, etc.) TRUST , hereinafter referred to as “Owner”
whose address is (street, city, state, zip code) 4635 Oceanview Blvd., La Canada,
Ca. 91011-1422
AND
the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as
“City”, whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008-1989.
Form Approved By City Council July 2, 1991
Resolution No. 9 1-l 94KJH
1 Form18
Per Jane Mobaldi. Rev. 01/l l/96
983
RECITALS
WHEREAS, Owner 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 has contracted with Owner to purchase the property and proposes a
development project as follows: subdivision into 4 lots
on said Property, which development carries the
proposed name of tentative Parcel Map No.: MS 96-06
and is hereafter referred to as “Development”; and
WHEREAS, Developer filed on the 16Tl-l day of DECEMBER , 1996, with the
City a request for tentative Parcel Mao
-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 and Owner have 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 and Owner propose to help
satisfy the General Plan as implemented by Council Policy No. 17 by payment of a public facilities fee.
Form Approved By City Council July 2, 1991
Resolution No. 91-194KJH
2 Form 18
Per Jane Mobaldi, Rev. 01/l l/96
P
. . ‘.
. .. , I 984
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 2 1 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 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 and Owner 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 2 1 of the Carlsbad Municipal Code.
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. If 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 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
Fom Approved By City Council July 2, 1991 3 Form 18
Resolution No. 91-194KJH Per Jane Mobaldi, Rev. 01/l l/96
.
, 385
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
services sufftcient 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 If 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 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 many have been designated, postage prepaid and certified.
Form Approved By City Council July 2, 1991
Resolution No. 9 1-l 94/KJH
4 Form 18
Per Jane Mobaldi, Rev. 01/l l/96
. .-. . .
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, Owner and City, and references to Developer, 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 Developer should cease to have any interest
in the Property, all obligations of Developer hereunder shall terminate; provided, however, that any
successor to Developer’s interest in the property shall have first assumed in writing the Developer’s
obligations hereunder.
At such time as Owner ceases to have any interest in the Property, all obligations of Owner
hereunder shall terminate; provided, however, that if any successor 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 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, 1991
Resolution No. 91-194/KJH
5 Form 18
Per Jane Mobaldi. Rev. 01/l 1196
P e
.- -.* . : 387 . .
IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the
date first written above.
OWNER:
(Signature)
BRIAN G. MERTES
(print name)
(title)
By:
(signature)
(print name)
CITY OF CARLSBAD, a municipal corporation
of the State of CHomia
By:
NYAK, @ City Manager
All-EST:
(title)
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
DENNIS C. CARRUTH
(print name) (Notarial acknowledgment of execution of
DEVELOPER and OWNER must be attached).
BRUCE T. KIRKPATRICK (print name)
(title and organization of signatory)
6
(President or vice president AND secretary
or assistant secretary must sign for
corporations. If only one officer signs, the
corporation must attach a resolution certified
by the secretary or assistant secretary under
corporate seal empowering that officer to
bind the corporation)
Form Approved By City Council July 2,1991
Resolution No. 9 l-1 94/KJH
Form18
Per Jane Mobaldi, Rev. 01/l l/96
-
STATE OF CALIFORNIA
388
COUNTY OF SAN DIEGO
On 12 lU 54 \ \ beforeme, \ 0-i &S -3 1 G s 6 - aFar
Notary Public, personally appeared ‘-D e Y) HIS ‘+Z _ l-6 c r-k , [ ] personallv M
known to me - or [ $$&ed to me on the basis of satisfactory evidence to be the person(s) whose
name( c52 is .I e subscribed to the within instrument and acknowledged to me t -he/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)
on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
WITNESS “f y hand and offkial seal.
Form Approved By City Council July 2, 1991
Resolution No. 91-194IKJH
Form 18
Per Jane Mobaldi, Rev. 01/l l/96
989
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On \ L \11- (4k before me, 7), ‘-, I c\ g” Jo-J5
Notary Public, personally appeared 73 nde L \z k 6% +*,,I,[ ] personally
known to me - or [ ] proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)
on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
WITNESS my handed official seal.
Form Approved By City Council July 2,199l
Resolution No. 9 l-1 94/KJH
Form 18
Per Jane Mobaldi, Rev. 011’1 l/96
*
* P
. .
L . .
.
h
390
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On 1 z 1 13 If L before me, -y&-, b,
Notary Public, personally appeared , [ ] personally
known to me - or [ ] proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)
on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
hand and official seal.
Form Approved By City Council July 2, 199 1
Resolution No. 91-194/KJH
Form 18
Per Jane Mobaldi, Rev. 01/l l/96
h
EXHIBIT “A”
LEGAL DESCRIPTION
That portion of Tract 256 and Chestnut Avenue, formerly County Avenue, in Thum Lands, in the
City of Carlsbad, County of San Diego, State Of California, according to Map thereof no. 1681,
filed in the Office of the County Recorder of San Diego County, December 9, 1915, described as
follows:
Beginning at a point on the center line of Chestnut Avenue, formerly County Avenue, said point
being North 87% 57’ 30” East a distance of 433.55 feet from a concrete monument at the
intersection of the center line of Monroe Street and the center line of Chestnut Avenue, formerly
County Avenue; thence continuing along said center line of Chestnut Avenue, formerly County
Avenue North 87% 57’ 30” East a distance of 95.35 feet to the most Westerly corner of the land
described in deed from the South Coast Land Company to Belle Hummer, by deed dated July 13,
1934 and recorded in Book 308, Page 289 of Official Records; thence South 23% 33’ East along
said Hummer’s land a distance of 392.28 feet to the Southeasterly boundary line of said Tract
256; thence along said boundary line South 26% 11’ West a distance of 188.46 feet to the most
Easterly corner of land described in deed from South Coast Land Company to R. A. Wheeler and
Aline Wheeler, by deed dated March 5, 1929 and recorded in Book 1601, Page 476 of Deeds;
thence North 28% 39’ West along said Wheeler’s Land 3 14.79 feet more or less, the most
Northerly corner thereof; thence North 61% 21’ East a distance of 103.82 feet to a point: thence
North 28% 39’ West a distance of 227.45 feet to the TRUE POINT OF BEGINNING.