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HomeMy WebLinkAboutPUD 94-06A; Poinsettia Homebuilding Partners; 1997-0055232; Public Facilities Fee Agreement/Release. - * - c is cc3 # 1997-0055232 #7-FEH-199-i' 09=4-Z A!"! 1 1 p I- RECORDING REQUESTED BY AND ) WHEN RECORDED LCIAIL TO: 1 1 City Clerk ) CITY OF CARL=SBAD 1 1200 Carlsbad Village Drive ) Carlsbad, California 92008-1989 1 OFFICIAl RECORDS SfrH DIEGR’ COUNTY RECORDER’S OFFICE 365‘ GREGORY SMTH, $‘Y RECORDER : 0.00 , Space above this line for Recorder’s use Parcel No. 216-140-2.5, -27,' -32 ‘and -33 b. P U~~-GW AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR THE I PAYMENT OF A PUBLIC FACILITIES FEE .. / FOR INSIDE THE BOUNDARIES OF COMMUNITY FACILITIES WSTkICT $0. 1 THIS AGREEMENT is entered into this 2gth day of October : 1996: by and between Poinsettia Homebuilding Partners (name of developer) a Ltd. Partnership , hereinafter referred to as “Developer” whose address (corporation. partnership, etc.) ir 4141 Jutland Drive, Ste. 200, San Diego CA 92117 (street) (city, state, zip code) and Kaiza Poinsettia corporation (name of legal owner) a Corporation > hereinafter referred to as “Owner”. whose address (individual, corporation, etc.) ir 7220 Avenida Encinas, Ste. 200, Carlsbad, CA 92009 (street) (city, state, zip code) AND the CITY OF CARLSBAD, a municipal corporation of the State of California. hereinafter referred to as “City”. whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008-1989. Form Approved By City Counctl July 7. 1991 Rex, X 91-19NKJH 1 Form !$a @ ti 0 qq- ffi[@l Jane Mobald~. Rev 012% RECITALS 366 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-3 and is hereafter referred to as “Development”; and WHEREAS, Developer filed on the 1st day of November , 19g6 -7 with the City a request for Planned Unit Development Permit Amendment as “Request”; and hereinafter referred to 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 wilI 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 City Counc~i July 2. 1991 Resa # 91.1-H 2 Form 18a per Jane Mobaldt. Rev OLX’% 367 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. YOW. 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 l&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 Carisbad 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 $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. Form Appmvcd By City Council July 2. 1991 Rero # 91-154KlH 3 Form 18a per iane Mobaldl. Rev OLZL% - 368 3 “. 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 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. AI1 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 Cmnc~l July 2 1991 Reso # 9t-1-H 4 Form 18a per Jane Mobaid!. Rev 0222% 369 . manners: 7.1 If notice is give’n 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. Form Approved By City Councd July Z. 1991 Reso # 91-194XJH 5 Form 18a per Jane Mobaldi. Rev 0’2W% C h 370 IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. Noriko Saiga / (print name) Corporate Officer= President, (title) Secretary, Treasurer By: (signature) (print name) (title) DEVELOPER: krti67,/, (name of devdoper) ‘by .f44wm.EH l C (signature) r,l’, s&.17> (print name) (title and organization of signatory) By: (signature) (print name) (title and organization of signatory) CITY OF CARLSBAD, a municipal State of California All-EST: APPROVED AS TO FORM: RONALD R. BALL, City Attorney (Notarial acknowledgement of execution of DEVELOPER and OWNER must be attached). (President or vice-presidenr and secretary or assistant secretary must sign for corporations. If on[v one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretav under corporate seal empowering that officer to bind the corporation.) Form Approved By City Council July 2. 1991 Rcso # 91-194KlH 6 Form ISa per Jane Mobaldl. Rev OZ?U% EXHIBIT “A” 371 LEGAL DESCRIPTION Lot 3 of Carlsbad Tract 94-01, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 13181, filed in the office of the County Recorder of San Diego County on January 26, 1995. Form Approved By City Couml July L 1991 Rex, # 91-1WH Form 18a per Jane Mobaldl. Rev 01,‘2% CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SAN DIEGO On O~%X?~l&fl5;. /+i(o 372 before me, q&i srpnlE5 Notary Public, personally appeared CDU~J 5~t.b J - - or iI proved to me on the basis of satisfactory evidence to be the person@j whose name@j is/.- subscribed to the within instrument and acknowledged to me that hekh&hq executed the same in his/h&t-h&r authorized capacity(ksj, and that by hi&e&heir signature(f) on the instrument the person(f), or the entity upon behalf of which the person(-sjacted, executed the instrument. WITNESS my hand and official seal. Fom Approved By City Cmnc11 July 1 1991 Rcso + 91-IWH 8 Form 18a per Jane Mobaldl. Rev OZ’?Li% - ’ I, CALIFORNIA bL’L-P”RPOsE ACKNOWLEDGMENT 373 State of OBl- \FOp ti \ R County of 6~Rti D\G~-I b before me, Name and Title of Dhcer (e.g., ‘Jane Doe, Notary Pubh?) personally appeared fb%o f;W6f+ I Name(s) of Signer(s) xpersonally known to me - O&o be the person@ whose name@ is&e subscribed to the within instrument and acknowledged to me that h&he/they executed the same in his/her/#ei+authorized capacity(ie@, and that by his/her/the+signaturefsj on the instrument the person@, or the entity upon behalf of which the person(e) acted, executed the instrument. WITNESS my hand and official seal. * ih!ub 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: I-MD Lls P=hm-- 4fwwod Document Date: ’ h l\mm Number of Pages: 26 Signer($) Other Than Named Above: cor-1u Sad Capacity(ies) Claimed by Signer(s) Signer’s Name: mb tci, %‘I &? q Individual I& Corporate Officer Title(s): 0 Partner - q Limited 0 General 0 Attorney-in-Fact 0 Trustee 0 Guardian or Conservator c7 Other: Signer Is Representing: @-Jrumtt Signer’s Name: q Individual 0 Corporate Officer Title(s): [7 Partner - 0 Limited 0 General 0 Attorney-in-Fact !Zl Trustee 0 Guardian or Conservator q Other: Signer Is Representing: L----l 0 1995 National Notary Assxlation * 6236 Remmet Ave., P.0. Box 7184 * Canoga Park, CA 91309.7164 Prod. No. 5907 Reorder. Call Toll-Free 1-600-676-6827