HomeMy WebLinkAboutPIP 95-07; Del Dios Inc; 1995-0501122; Public Facilities Fee Agreement/Release.T . \
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-3 # 1995-0501122 OS-HQU-19P5 10=39 APO
ShH DIEGO% fWCIAL RECORDS MtTY RECDRDER’S OFFICE
RECORDING REQUESTED BY AND 23.00
WHEN RECORDED MAIL TO: 1325.
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Drive
Carlsbad, California 92008-l 989
Space above this line for Recorder’s use
Parcel No. r304 - om - cr\ & 0a
--
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBUC FACIUTIES FEE
FOR INSIDE THE BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 1
THIS AGREEMENT is entered into this 2nd day of October t 19 95 --
by and between Del Dios, Inc.
(name of developer-owner)
a California corporation
(corporation, partnership, etc.) ’
hereinafter referred to as “Developer” whose address
is 265 Santa Helena, Suite 200, Solana Beach, CA 92075
(street) (city, state, zip code)
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 rea! p:opert\i 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
FamAppraved
f3y city Ccundl July 2. 1QQl
Reao #Ql-lQ4/KlH
Fam 17A
rev3/27/95
- . * 1326
. WHEREAS, Develcrper proposed a development project as follows:
149,000 s. f. Office/Manufacturing/VJarehouse/ Industrial building
on said Property, which development carries the proposed name of
Carlsbad Oaks East, Lots 23 and 38
and is hereafter referred to as “Development”; and
WHEREAS, Developer filed on the 2nd day of October I w?L
with the City a request for Planned Industrial Permit
“Request”; and
hereinafter referred to as
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 resutting 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:
Form Approwd
Ely CSty Cbundl July 2, 1901
Reso X Qi-lQ4WH
Fm 17A
rev 3/27/M
1327 >
1. The Developer shall pay to the City a public facilities fee in an amount not to
exceed 1.82% 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 Tiles 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 1.82OA 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”, l 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 pennits 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 $598
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. 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
become 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.
Fam Approved Fam 17A
By City Ccundl July 2. 1991 rev 3/27/95
F&o # 91-104KIH 3
1328
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 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.
Fcnn Approved Fam 17A
By City Council July 2, 1901 rev 3427195
Reso + Sl-IWKIH 4
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 first assumed in wriiing 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.
. . .
FflApproved
By city CoundlJuly2,lQQl
Reso #Ql-1WfKJH
Fum 17A
rev 3/27/95
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
(signature) \
Richard E. Keller
(print name) President oG’ PaI 0-,%.
(title)
By /$ii.m.- +“- e d
(signature)
Kent D. Vegdahl
(print name) Secretary & vQ\ pie+,%.
(title)
ATTEST:
ALETHA L RAUTE
(Proper notarial acknowledgement of execution of DEVELOPER-OWNER must be attached.)
(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.)
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
BY
FmApproved By'3yCoundlJuly 2, 1901
ReaotQl-194KJH
Fcm17A
rev3/27/'95
6
EXHIBIT “A”
LEGAL DESCRIPTION
APN: 209-083-07
209-083-08
Carlsbad Tract Number 74-21, Map Number 10372.
Lots 23 and 38 of Carlsbad Oaks East, Carlsbad,
California
Farm Approved
By City Cutndl July 2. 1901
Reao # 91-lQ4/KlH
Fam 17A
rev 3/27/Q5
CALIFORNIA AU-PURPOSE ACKNOWLEDGMENT
STATE OF CAUFORNIA
COUNTY OF SAN DIEGO
On &$3t!1?1 2, IG’g.5 before me Iii 1. fym?-Jhcrs Notary Public, personally ’ appeared h/&d K. Ldh’ mij hd D. Lh7a-J I , bQ personally known to me - or [
. G) whose name(s) +/are
subscribed to the within instrument and acknowledged to me that &#&e/they executed the same
infr)sfker/their authorized capacity(ies), and that by-r/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
\ .,$k9 i l!likah/i5
‘-(Sign@ re of Notary)
F~Approved By City Council July 2, 1991
F!eso # @I-lW/KlH
Form 17A
rev 3/27195