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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.