HomeMy WebLinkAboutMS 99-06; Barker, Ruth Trust; 1999-0596936; Public Facilities Fee Agreement/ReleaseDOC # 19994596936
6366 #WIG 30s 1999 2:53 PM
RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO:
City Clerk ) CITY OF CARLSBAD 1 1200 Carlsbad Village Drive
Carlsbad, California 92008-1989 i
Space above this line for Recorder’s use
AGREEMENT BETWEEN bEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
FOR OUTSIDE THE BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 1
Parcel No. l56-5~3-07
THIS AGREEMENT is entered into this 2-s day of
by and between (name of developer-owner) %a{ k&r Trus+.
lfLiL nA&e
a (corporation, partn ‘-TrU s+ , hereinafter referred to as “Developer”
whose address is (street, city, state, zip code) n.. l$x \%a\; RtAL Lak2;
CR 955a5 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.
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 follows:
reSS hnwn as sa\o f ,on said Property, which
development carries the proposed name of “3 3 \ 12. hii J
%3\?-b and is hereafter referred to as “Development”; and
Form Approved By City Council July 2, 199 1 1 Form 17
Resolutidn No. 91:194- cyyl-\o / /q5 sq-06 R;;;.‘!96
6367
. WHEREAS, Developer filed on the $Lk day of
with the City a request for \ LA 3nL4
\
< 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 faciliiies 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 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
Form Approved By City Council July 2,1991
Resolution No. 91-194
2 Form 17
Rev. 01/l l/96
6368
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 pe.rmits 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 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. 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
Form Approved By City Council July 2, 199 1 3 Form 17
Resolution No. 9 I- 194 Rev. 01/l l/96
6369
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 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.
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 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 Grst 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, 1991
Resolution No. 91-194
4 Form 17
Rev. 01/l l/96
IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the
date first written above.
DEVELOPER-OWNER: CITY OF CARLSBAD, a municipal corporation
of the State of California
(Name of Developer)
By:
MARTIN ORENYaCity Manager
(signature)
% 7ha+ee ATTEST:
/lro\\!v! (priZ name)
(title) . ,
LORRAINE M. WOOD, Deputy City Clerk
’ APPROVED AS TO FORM:
RONALD R. PA&L, City Attomev
(print name)
By:
(signature)
(title)
(Notarial acknowledgment of execution of DEVELOPER and OWNER must be attached).
(President or vice president A- secretary or assistant secretary must sign for corporations. If only one
of$cer signs, the corporation must attach a resolution certtj?ed by the secretary or assistant secretary
under corporate seal empowering that o@cer to bind the corporation).
(If signed by an individual partner, the partnership must attach a statement of partnership authorizing
the partner to execute this instrument).
Form Approved By City Council July 2, 199 1
Resolution No. 91-l 94
6 Form 17
Rev. 01/l l/96
. . -_
6371
. . .
EXHIBIT "A" LEGAL DESCRIPTION
*..
. . .
. . .
THAT PORTION OF LOT 25 OF PATTERSON'S ADdITION; IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 565,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 22,
1888, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWESTERLY CORNER OF TRACT 123 OF CARLSBAD LANDS, IN THE
CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RUNNING THENCE
NORTHERLY ON THE EASTERLY BOUNDARY LINE OF HIGHLAND STREET A DISTANCE OF 60
FEET TO THE TRUE POINT OF BEGINNING; CONTINUING THENCE NORTHERLY ALONG SAID
EASTERLY BOUNDARY LINE OF SAID HIGHLAND STREET A DISTANCE OF 60 FEET TO THE
TRUE POINT OF BEGINNING; CONTINUING THENCE NORTHERLY ALONG SAID EASTERLY
BOUNDARY LINE OF SAID HIGHLAND STREET A DISTANCE OF 60 FEET TO A POINT:
THENCE EASTERLY IN A LINE PARALLEL WITH THE NORTHERLY LINE OF SAID TRACT 123
A DISTANCE OF 400 FEET TO A POINT; THENCE SOUTHERLY IN A LINE PARALLEL WITH
THE EASTERLY BOUNDARY LINE OF SAID HIGHLAND STREET A DISTANCE OF 60 FEET TO A
POINT; THENCE WESTERLY IN A LINE PARALLEL WITH THE NORTHERLY BOUNDARY LINE OF
SAID TRACT 123 A DISTANCE OF 400 FEET TO THE TRUE POINT OF BEGINNING.
. . .
-_ . .
Form Approved By City Council July 2, 1991
Resolution No. 91-194 Form 17
Rev. 01/l l/96
6372 . STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On before me,
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 upoq behalf.of which the person(s) acted, executed
the instrument.
WITNESS my hand and official seal.
.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT _ ---_- -------- ---- - ---- - -- ___----- -
State of caA%e?\, I A ,
County of W rS GC& 1
No 5199
-OPTIONAL SECTION-
CAPACITYCLAIMED BY SIGNER
Though statute does not require the Notary to
fill in the data below, doing so may prove
On- before me, u1 cLt fnv, a- 28 we invaluable to persons relying on the document.
NAME, TITLE OF OFFICER - E.G., “JANE DOE, NOTARY PUBLIC 0 INDIVIDUAL
personally appeared e*u A. 9 006= 0 CORPORATE OFFICER(S)
NAME(S) OF SIGNER(S) I
TITLE(S)
0 personally known to me - OR - kGP roved to me on the basis of satisfactory evidence 0 PARTNER(S) q LIMITED
to be the personh whose nameB is@@ 0 GENERAL
subscribed to the within instrument and ac- 0 ATTORNEY-IN-FACT
knowledged to me that he/she/they executed w RUSTEE(S)
the same in &$/her/t$b& authorized
capacity h), and that by lV&her$Mir
h
0 GUARDIAN/CONSE!fWATOR
signature( on the instrument the person&& 0 OTHER:
or the entity upon behalf of which the
personmacted, executed the instrument. SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
THIS CERTIFICATE MUST BE AlTACHED TO TITLE OR TYPE OF DOCUMENT THE DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES DATE OF DOCUMENT 7
Though the data requested here is not required by law,
it could prevent fraudulent reattachment of this form. SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION - 6236 Remmet Ave., P.O. Box 7164 - Canoga Park, CA 91309-7164