HomeMy WebLinkAboutSDP 95-14; Aviara Land Associates and Richmond American Homes; 1995-0591094; Public Facilities Fee Agreement/Release2067
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Drive
Carlsbad, California 92008-l 989
OFFICIAL RECORDS SkH DIEGff COUNTY RECORDER’S DFFICE
Space above this line for Recorder’s use
AGREEMENT BETWEEN OWNER, DEVELOPER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBUC FACILITIES FEE
FOR INSIDE THE BOUNDARIES OF COMMUNITY FACIUTIES DISTRICT NO. 1
THIS AGREEMENT is entered into this 25th day of Ocer 9 192L
by and between ‘.
RICHMCNDAMERICAJJJHOMESOF'CALIFORMA,IW.
(name of developer)
a ~00 hereinafter referred to as “Developer’ whose address
(corporation, partnership, etc.) ’
is 17310 Redhill Avenue, Suite 320, Irvine, CA 92714
(street) (city, state, zip code)
and AVTARA . .AN’I-I ASSfFTATF!S T T,mTm PARTPI\mRcH-j-p , (name of legal owner)
a limited partnership , hereinafter referred to as “Owner”, whose address
(individual, corporation, etc.)
is 2011 Palomar Airport Road, Suite 206, 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 Council July 2, 1991
Reso # 91.194/~H
Form 18a
rev 9/27/95
1
4
.
l * 2068 RECITALS
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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: . 101~le family dPt&d hem-es
on said Property, which
development carries the proposed name of Aviara Planning Area 30
and is hereafter
referred to as “Development”; and
WHEREAS, Developer filed on the 25th day of
with the City a request for Site kveloprmt Plan
October ( 1995,
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 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 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 without financial assistance to pay for such services and facilities; and therefore,
Form Approved
By City Council July 2, 1991
Rem Y 91494/kiJH
Form 18a
rev 3/27/95
2
2069 -
. 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 $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 Tiles 18, 20 or 21 of the Carlsbad Municipal Code.
2. The Developer and Owner may offer to donate a site or sites for public facilities a
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
Form Approved
By City Council July 2.1991
Reao # 91-194/IyH
Form 181
rev 3/27/95
3
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
follo\ring manners:
7.f 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
Form Approved
By City Council July 2,1991
Rem * 91494/lqJH
Form I&
rev 3127195
4
‘
C
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 wriiing 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 securiiy interest in
the Property. When the obligations of this agreement have been satisfied, City shall record a
release.
,
Form Approved
By City Coucil July 2,199l
Re*, Y OI-I(H/qJH
Form I&
rev 3127195
2072 -
IN WITNESS WHEREOF, this agreement is executed in San Diego County, California
- I
’ as of the date first written above.
.
OWNER: DEVELOPER:
Richrrond Awrican Homes of Wlifomia,.: hc.
t df Aviara Larid Associates
Jtte)Clemens Ltd* 'artnership . . (print name)
(print name)
(signature)
(title)
(print name)
(signature)
vi$prgg!if~~ - Richmond h-rerican Hames of
caQlf21f2~$~r~~8-izafion of signatory) .
(title)
CITY OF CARLSBAD, a municipal
corporation of the
State of California
ATTEST:
Approved as to form by:
for City Manager
(Notarial acknowledgement of execution of DEVELOPER and OWNER must be attached).
(President or vice-president and secretary or atsistant 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.)
Form Approved
3v Cin Cotmd July 2. 1991
Rem tt 91-194/&JH
Farm I8r
rev 3/z 195
6
2073
EXHIBIT “A
LEGAL DESCRIPTION
A
Lot 9, J!dap 12967, Tract No. 90-30, kits 1, 2, 3, Lots 1 through 101.
Aviara Planning Area 30, City of Carl&ad
Form Approved
By City Council July 2, 199 I
Rem # 9L1941wH
Form 1Ba
rev 3127195
7
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* STATE OF CALIFORNIA . }
}SS.
COUNTY OF SAN DIEGO }
2074
2 3, /92T before me,Kathleen Anne Farley. Notary Public ,
person&y appeared D.L. Clemens L personally known to me md . . 2) to be the personb) whose name@) is,ke
subscribed to the within instrument and ackndwledged to me that -h-e/&@ey executed the same in his/k&&&r authorized capacity(k), and that by his/heq4heir signature@) on the instrument the person(s) or the entity upon behalf of which the person@ acted, executed
the instrument.
Comm. #lo18977 OTARY PUBLIC CAL liG;iNIA
BAN Duxso COUNTY
CAtlFORNlA ALL-P”Rl& ACKNOWLEDGMENT
State of c l.&nmkA-
County of L
On
personally appeared
/ k/ personally known to me - OR - 0 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 acknowledged 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),
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 /aw, 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:
Document Date: 10 /zs /K
Signer(s) Other Than Named Above: n A&
Number of Pages. .&
Capacity(ies) Claimed by Signer(s)
Signer’s Name:
q Individual
q Corporate Officer
Title(s):
0 Partner - 0 Limited 0 General
0 Attorney-in-Fact
q Trustee
II Guardian or Conservator
0 Other:
Signer Is Representing:
Top of thumb here
Signer’s Name:
0 Individual
0 Corporate Officer
Title(s):
0 Partner - 0 Limited 0 General
0 Attorney-in-Fact
0 Trustee
0 Guardian or Conservator
q Other:
Signer Is Representing:
Top of thumb here
0 1994 National Notary Association * 6236 Remmet Ave., P.O. Box 7164. Canoga Park, CA 91309-7164 Prod. No. 5907 Reorder: Call Toll-Free 1-600-676-6627