HomeMy WebLinkAboutPUD 94-05A; Poinsettia Homebuilding Partners; 1997-0055231; Public Facilities Fee Agreement/Release*
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RECORDWG REQUESTED BY .WD ) p’
WHEY RECORDED MAIL TO: >
C-I # 1997-0055231 07-FEW-1997 09=42 AM
OFFICIAL RECORDS SAN DfEGO COUNTY RECORDER’S OFFICE GREGORY StlITH I ;;MJ;TY RECORDER : 0.00
> City Clerk 1 3M CITY OF C.uI3BA.D 1 1200 Carlsbad Village Drive > -:
Carlsbad, California 92008-1989 1
Space above this line for Recorder’s use
Parcel No. 216-140-25 & 216-140-36
'\ ., J)oD4+-0
AGREEMEXT BETWEEN OWNER, DEVELOPER
AND THE CITY OF CARLSBAD FOR THE
PAYMEXT OF A PUBLIC FACILITIES FEE
FOR INSIDE THE BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 1
THIS AGREEMENT is entered into this 29th day of October : 19 96 -!
by and between Poinsettia Homebuilding, Partners
(name of developer)
a Ltd. Partnership , hereinafter referred to as “Developer” whose address
(corporation. partnership, etc.)
is 4141 Jutland Drive, Ste. 200, San Diego CA 92117
(street) (ciry, state, zip code I
and Kaiza Poinsettia Corporation
(name of legal owner)
a Corporation ) hereinafter referred to as “Owner”. whose address
(individual. corporation. etc.)
is 7220 Avenida Encinas, Ste. 200, Carlsbad, CA 92009
(street) (city, state, zip code)
AND
the CITY OF CARLSBAD, a municipal corporation of the State of Caiifomia. hereinafter referred
to as “City”. whose address is 1200 Carlsbad Village Drive, Carlsbad. California. 92008-1989.
Form Approved
Bv Cifa Council juiv L. 1991
1
xr !anc Xtobaldl. Rev 022’96
piti
&so i 91.19aWH
357 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: Revisions to architecture and floor plans
of an approved Planned Unit Development on said Property, which development
carries the proposed name of San Pacifica - Planning Area A-4
and is hereafter referred to as
“Development”; and
WHEREAS, Developer filed on the ’ st day of NBVember ) 1996?
with the City a request for Planned Unit Development Permit Amendment
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 seme 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 7. 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
Form Approved
By Cie Couml July 2. 1991
Rem t 91.1-H
2 Form 18a
per Jane .Mobaldl. Rev 01’21%
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 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 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 1.82% 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 5598 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.
Form Approved
By City Counc11 July 2. 1991
Rcso X 91.194KJH
3 Form 1%
per Jane Mobaldl. Rev 022296
P - 359
3 w. The Developer and Chvner 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 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 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
.
Form Approved
By City Counal July 2 1991
Rcso # OI-194IIUH
4 Form 18a
per Jane Mobaldi. Rev Ot?L’96
360'
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, 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.
corm Approved
By City Councd July 2. 1991
Reso # 91-194/KJH
5 Form 18a
per Jane Mobaldi. Rev OX?2%
361
. IN WITNESS WHEREOF, this agreement is executed in San Diego County, California
as of the date first written above.
Noriko Saiga
CITY OF CARLSBAD. a municipal
corporation of thAState of California
for City Manager
(print name)
Corporate Officer- President,
(title) Secretary, Treasurer
By:
(signature)
(print name)
(title)
ATTEST:
ALETHA L. RAUTENKRANZ, City Clekk
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
(name of developer) 0)’ G&d 526, &zQ++~
L” (signature)
(print name)
Pti,JmrBFL~l FA&w (title and organization of signatory)
By: (signature)
(Notarial acknowledgement of execution of
DEVELOPER and 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.)
(print name)
(title and organization of signatory) .
Form Approved
By City Counctl July 1. 1991
Reso # 91-194MH
6 Form 18a
per Jane MobaldI. Rev 02’22%
362
EXHIBIT “A”
LEGAL DESCRIPTION
Lot 4 of Carlsbad tract 94-01, in the City of Carlsbad, County
of San Diego, State of California, according M map thereof
No. 13181, filed in the Bffice of the County Recorder of San
Diego County on January 26, 1995.
Form Approved
By City Gxncll July 2. 1991
Reso + 91-IWKJH
Form IYa
per Jane Mobaidl. Rev OLZL?.‘%
. ./ , . .
.
CALIFOELUIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CkLIFORNIA 363
COUNTY OF SAN DIEGO
On l%‘@$@ 26, 144 k before me. Notary Public, personally
appeared POLIO .%,Gti> > -- Or t/l
proved to me on the basis of satisfactory evidence to be the person@-) whose namew ish
subscribed to the within instrument and acknowledged to me that he/shet&ey executed the same in
his/k-&h& authorized capacity(k), and that by his/he&h& signature(+on the instrument the
person(s), or the entity upon behalf of which the person(f) acted, executed the instrument.
WITNESS my hand and official seal. , b,h, da+-
(Signature of Nota
Form Approved
By City Councrl July 1 1991
Reso # 91.1944WH
Form 18a
per Jane Mobaldl. Rev OZZ’%
State of &+1mw* 364
County of & YBi%tO
On @XI%55 u t”iSc/ before me, Date 1 Name and Itle of Officer (lg., “Jane Doe, Not&y Public”)
personally appeared MM.r ko 5&l&l- , Name(s) of Signer(s)
-6 ersonally known to me - ce the person@&
whose name@ is/m subscribed to the within instrument
and acknowledged to me that fte/she/thq executed the
y
same in ki4/her&eir authorized capacity&j, and that by
Mher/th&r signaturewon the instrument the person(s),
or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: 1 &m Kiz fmbw- &%rcpr--rloh[
Document Date: hUWiib Number of Pages: ab
Signer($) Other Than Named Above: mu ‘%I3
Capacity(ies) Claimed by Signer(s)
Signer’s Name: ib 5/Alw
0 Individual
[i4 Corporate Officer
Title(s):
Cl Partner - 0 Limited 0 General
q Attorney-in-Fact
0 Trustee
q Guardian or Conservator
0 Other:
Signer Is Representing:
u\&A ~breD7-/i
Signer’s Name:
Cl Individual
•1 Corporate Officer
Title(s):
0 Partner - 0 Limited C General
0 Attorney-in-Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing:
0 1995 National Notary Assoclation * 6236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7164 Prod. No. 5907 Reorder: Call Toll-Free 1-600-676-6627