HomeMy WebLinkAboutSDP 88-04; Carltas Company; 88-171941; Public Facilities Fee Agreement/Release0 r c’
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RECORDING REQUESTED BY AND ) 8 * . WHEN .RECORDED MAIL TO: ,’ ) -. -
Cl-TY OF CARLSBAD
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1188 APE I 4 AH 0 50
1200 Elm Avenue 1
Carlsbad, California’ 92008
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Space above this line for Recorder’s use
Documentary transfer tax&w
Signature of decjarant determining
tax-firm name
City of Carlsbad
Parcel No. 211-010-11
: AGREEMENT BETWEEN OWNER, DEVELOPER
AND THE CITY OF CARLSBAD FOR THE
-PAYMENT OF A PUBLIC FACHJTIES FEE
THIS AGREEMENT is entered into this .day of I
19 88 by and between Carltas Company
(Name of Developer)
a , herei.nafter referred to as
(Corporation, partnership, etc.)
“Developer” whose address is 4401 Manchester-Avenue, Suite 206
(Street) -.
Encinitas,. Califalrnia
(City, State, Zip Code). ,:
and Carltas Company
(Name of Legal Owner) : .. - .-
a , herei.nafter referred to as
(Individual, Corporation, etc.)
“Owner” whose address is 4401 Manchester Agenue, Suite 206
(Street). . .
Encinitas, California
(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. Elm Avenue, Carlsbad,,
California, 92008;
. . r RECITALS
WHEREAS, Owner is the owner of the real property described on
Exhibit “A”; attached to and made a part
referred to as “Property”; and
WHEREAS, The Property lies .-within
WHEREAS, ‘Deveioper has contracted
Property and proposes a development project as
of this agreement, hereinafter
the boundaries of City; and
with Owner to purchase the
follows : Car Agency on Portion
Lot.H of Ranch0 Agua Hedionda Map 1823, City of Carlsbad / Lot 4lPortion of
Lot 5 of Tentative "ai #CT 87-3 on said Property, whrc development carries the proposed name of
Car .Country Expansion - Tentative Map # CT 87-3
and is hereinafter. referred to as. ii.Developmentii; and
WHEREAS, Developer filed, on. the :day of I
19 .I with the City a request-for 7
hereinafter referred to as “Request”; and
WHEREAS, the Public Facilities Element of the City General Plan
requires that the City Council find that ali public. facilities necessary to serve a
development will be ‘available concurrent with need or .such development shall
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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 28, 1!387; 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 ,ito accommodate the. additional need for
’ p,ublic fa I t ci i ies and, services resulting :from the proposed Development; and
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WHEREAS, Developer and Owner have asked, the City to find that
public facilities and services will bc available to meet the. future needs of the
Development. as it is presently :proposed; but the Developer and Owner are
aware that the City cannot and’ will not be able to make any such finding,s
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 convenants
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: 3.5% of .the build’ing 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 pursua.nt to Titles 18, 20 or 21 of the Carlsbad Municipal
Code. Developer and Owner sha!l pay a fee for. conversion’ of existing building
or structures. into condsminiums 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 useit as used in this agreement, except in reference to mobile home 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 octzupancy for which the development is intended.
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I * ,Developer and Owner shall pay the City a public facilities fee in the -sum of ._
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; $1,150 for each mobile home space to be constructed pursuant to the ‘Request.
The fee shall be paid prior to the issuance of building or other construction
ipermits 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.
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2. *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 facil.ities and services, and the development will not be
consistent -with _ the General Plan. and any. approval or permit for the
bevelopment . 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.
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:5. City’ agrees to provide upon request reasonable assurances to
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‘enable Developer and Owner to comply with any requirements of other public
: agencies as evidence of adequate public facilities and services sufficient to
accommoclate the needs of the Development herein described.
16.. All obligations hereunder shall terminate in the -event the Requests
made by- Developer are 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 ,by 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 may have been
ldesignated, postage prepaid and certified.
8:. This. agreement shall be binding upon and shall ensure. to the i
-benefit of, and shall apply to, .the respective successors and assigns of .-
Developer, Owner. and the City, and references to Developer, Owner or City
herein shall be deemed to be references to and include their respective
s-uccessors 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
of Developer’s interest in the property shall have first assumed in writing the .
Developer-is obligations hereunder.
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At such time ‘as:‘Qwner 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 theiobIigations 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.
IN WITNESS WHEREOF, this agreement is executed in San Diego
County, California as of the date first written above.
OWNER: DEVELOPER: : .
CARLTAS COMPANY
(Name)
(Signature) :
(Name)
(Signature)
(Name)
(Signature) ’ -
‘BY
TITLE
.
ATTEST. : CITY OF CARLSBAD, a municipal :
’ corporation- of the
State of California I- i?u ALETHA L. RAUTENKRANZ, City C
BY
MARTIN ORE
For City Manap
APPROVED AS TO FOR’#i,pno,,En AS TO F()Rm:
City Attorney
(Notarial acknowledgement of execution by DEVELOPER-OWNER. must be attached.)
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STATE OF CALIFORNIA . lss.
z COUNTY OFm,pO I
zi E On April 6: 1988 , before me, the undersigned, a Notary Public in and for
s said State, personally appeared c. Calkins !?
u 5 personally known to me (or proved to me on the basis of satis-
ii factory evidence) to be the person that executed the within
E E instrument as Manager m, E
z on behalf of Carlta.s COIU@.nv. a
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cc
1 ,td Partnershir)the partnership
&- therein named and acknowledged to me that the partnership
9 executed it.
2.
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(This area for official notarial seal)
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EXHIBIT “A”
LEGAL :DESCRIPTION
Portion Lot '?lic of Ranch0 Agua Hedionda, Map #823-, City of
Carlsbad. i
Lot 4/Portion of Lot 5 of Tentative Map #iT 87-3