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Home My WebLink AboutSDP 83-11F; Russell Grosse Development Company Inc; 1995-0028723; Public Facilities Fee Agreement/Release*. . . RECCRDING REQUESTED BY AND . WHEN RECORDED MAIL TO: --issS hIC # 1995-0028723 1 23-JAN-19P5 we45 Ail City Clerk CR-Y OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, California 92008-l 989 I DFFICM! RECORDS i SAN DIE60 COUNTY RECORDER’S DFFICE GREGDRY S;I$ EOUN;;E~ECORDER RF: I 28.00 -It , 7: 4 i Space above this line for Recorder’s use \ Parcel No. 2/b-/70-//,-/1, -13 ' / AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CR-Y OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FAClLlTlES FEE c- FOR OUTSIDE THE BOUNDARIES OF COMMUNITY FAClLlTlES DISTRICT NO. 1 THIS AGREEMENT is entered into this by and between (name of developer-owner) a c-bit DmaHti , (corporatibn, partnership, etc.) hereinafter referred to as “Developer” whose address is !TfiYjo Lthm-fik t5i-EL~. ~ar(,~l@ (ii- %!o@ //A (street) (city, state, zip co&e) 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~~~~~f- bc w r6ti* tyQg!mM 4 cw?- ercdwq resfaurafl+, ac%clim iJ$ &&. j-&h 4k pkj)clulld*g/ y&3+,Lmu-, a..-%d+Q-- on said Property, which Form Approved By City Council July 2,199l Reso t 9%194KJH 1 sn@3-hip=) \ e . - _. and is hereafter referred to as “Developme’nt”; and/ 1967 WHEREAS, Developer filed,on the ,/ % ay of ,19 @ with the City a request for ~w @hdlwP- 4-O W-63-(( & al/l GrddIW mf I/e&wLl~e, &f)gfl$yIr\/l bc by\ e(cc4-t~ lEdtNm~~ d Ytk rIYdJt&L I , &dY\\I’L yhfu GKA-Q -CM ~c~mcud’)- hereinafter referred to as I “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 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 Form Appmvmd b clly Council July 21001 Rno + or-194/uJH 2 . . . 1968 to Titles I 8, 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 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 permits for the development. This fee shall be in addition to any fees, dedications or improvements required according to Tiles 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. lf 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 credii against the fee shall be determined by Cii 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 Cartsbad 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. lf the fee is not paid as provided herein, the Clty 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 Form Approved Sy City CouncH July 21991 Row IQl-104NJH 3 . ’ 1969 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 lf notice is given to the City of personal delivery thereof to the Clty or by depositing same in the United States Mail, addressed to the Cii 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 Mall, 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 Cii, and references to Developer or City herein shall be deemed to be a reference to and include their respective successors and assigns without specific mentlon of such successore and assigns. tf Developer should cease to have any interest in the Property, all obligations of Developer hereunder shall F~Appr0v.d ByCtIyCouncilJuly2.19Q1 Re80 #@l-lQ4/KJH . . -. . , I970 terminate; provided, however, that any successor to Developer’s interest in the property shall have first 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. 5 -j . l . . 1971 IN WlTNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first wriien above. DEVELOPER-OWNER: CllY OF CARLSBAD, a municipal corporation of the State of California BY Russell W. Grosse (print name) Owner, Palomar & Co. BY for City Manager Russell W. Grosse (print name) CEO, Russell W. Crosse Development Co., Inc. (title) ATTEST: APPROVED AS TO FORM: RONALD R. BALL, City Attorney Deputy City Attorney ” (Notarial acknowledgement of execution of DEVELOPER-OWNER must be attached.) FormApprovod ByCityCounclJuly2.1991 Row # Ql-194/KJH EXHIBIT “A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO AND IS DESCRIBED AS FOLLOWS: PARCEL A: PARCELS 1 AND 2 OF PARCEL MAO NO. 13955, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 16, 1985 AS FILED NO. 85-340585 OF OFFICIAL RECORDS. TOGETHER WITH PARCELS 1,2,3 AND 4 OF PARCEL MAP NO. 14014, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 8, 1985 AS FILE NO. 85-422552 OF OFFICIAL RECORDS. PARCEL B: A NON-EXCLUSIVE EASEMENT FOR INGRESS, EGRESS, OVER THE COMMON AREAS AS SET FORTH IN THAT CERTAIN DOCUMENT ENTITLED "GRi4NT OF EASEMENTS AND DECLARATION OF COVENANTS AND RESTRICTIONS", RECORDED APRIL 25, 1985 AS FILE NO. 85-142950 OF OFFICIAL RECORDS. Form Approved Sy Cii Ceuncil July 2.1981 Row # 91.1-H 7 , -- : CALIFOltNIA ALL-PURPOSE ACKNOWLELiGMEk 1973 No. 5907 personally appeared NAME(S) OF SIGNER(S) FJ personally known to me - OR - q 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 ac- knowledged 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), coha. + 1016920 Notary P&UC - Catifomk~ or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT 0 INDIVIDUAL 0 CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) 0 PARTNER(S) 0 LIMITED 17 GENERAL 0 ATTORNEY-IN-FACT NUMBER OF PAGES 0 0 TRUSTEE(S) GUARDIAN/CONSERVATOR q OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTIlY(IES) SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION l 8236 Remmet Ave., P.O. Box 7184 l Canoga Park, CA 91309-7184