HomeMy WebLinkAboutSDP 99-01; Lamco Housing Inc; 1999-0583088; Public Facilities Fee Agreement/Release3124 DOC # 1999-0583088
. MJG 24m 1999 10:50 fwl
RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: 1
City Clerk
rnICIlY EaRDs ~~~~~~
FiEs: ’ 31.00
illlllllllsllll 1999-0583058
CITY OF CARLSBAD
1200 Car&bad Village Drive
Carlsbad, California 9200% 1989
Space above this line for Recorder’s use
AGREEMENT BETWEEN OWNER, DEVEI$?PER
AND THE CITY OF CARLSBAD FOR T@E
PAYMENT OF A PUBLIC FACILITIES FEE
FOR INSIDE THE BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 1
ParcelNo. 215-650-18 ,& 59
THIS AGREEMENT is entered into this 31 s t day of December ,1998 .
by and between (name of developer) Lamco Housing I Inc l dba Western Pacific
Housing, LLC
a (corporation, partnership, etc.) C a 1 if . Cor par a t i on , hereinafter referred PO as “Developer”
whose address is (street, city, state, zip code) 2385 Camino Vida Roble, Ste 107
Lohf Trust, 6/22/92, and Alice
Carlsbad,CA 92009 and(nameOfle~alowner)M, Lampluqh Trust, 3/19/89.
a (individual, corporation, etc.) Trust , hereinafter referred to as “Owner”
whose address is (street, city, stat?. zipcode) “1425 Via De1 Corvo, San Marcos, CA 92069
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, 9200% 1989.
Form Approved By City Council July 2, I99 I 1
Resolution No. 91-194/KJH
Form 18A
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
developmentprojectasfollows: 76 lot residential subdivision with 73 SF units
on said Property, which development carries the proposed name of
Lohf Property
and is hereafter referred to as “Development”; and
WHEREAS, Developer filed on the 2 th day of Janaaru. 19 99 with the --
City a request for Site Development Plan & Coastal Development Permit
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 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 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.
Form Approved By City Council July 2, 1991
Resolution No. 91-194/KJH
2 Form 18A
Per Jane Mobaldi. Rev. 0111 l/96
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 2 1 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 mobiIehome 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 shah 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 improveme?xts required according to Titles 18,20
or 2 1 of the Carlsbad Municipal Code.
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
Form Approved By City Council July 2, 1991 3 Form 18A
Resolution No. 9 l-l 94/KJH Per Jane Mobaldi. Rev. 01/l l/96
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.
1
City agrees to deposit the fees paid pursuant to this agreement in a public facilities fund
for the financing of pubfic facilities when the City CounciI 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 If notice is given to the City of persona! 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.
Form Approved By City Council July 2. 1991 4 Form 18A
Resolution No. 91-194KJH Per Jane Mobaldi. Rev. 0111 l/96
3128
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 obiigations 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.
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Form Approved By City Council July 2. 1991
* Resolution No. 91-194/KJH
Form l8A
Per Jane Mobaldi, Rev. 01/l l/96
. 3129
N WITNESS WHEREOF, this agreement is executed in San Diego County. California as of the
date first written above.
OWNER: CITY OF CARLSBAD, a municipal corporation
Richard Alexander Lohf
(print name) ATTEST:
Trustee, Lohf Trust, 6/22/92 4 & mce TcglIlDluah Trust 3/9/89 (tiile) - AU$HA L&&!W&~E. Citv Clerk \ I -9 -I/ /? JKAl%M R. hh!L’Z, Ass&&ant -City Clerk
PPROVED AS TO FORM:
LD R. BALL, City Attorney
Linda Jean Lohf
(print name)
By:
&@j@tf City Attorney
Trustee of Lohf Trust, 6/22/92 & Alice Lampluqh Trust 3/9/89 (title)
Y
DEVELOPER:
ing Inc. a Calif. Corporation/ Pacific Housins, LLC
\
(Notarial acknowledgment qf execution qf
DE FELOPER and OWNER must be attached).
(President or vice president Am secretar?/ or
assistaror secretary must sign for corporations. Jf
InCon& one ofJicer signs, the corporation must
attach a resolution cert$ed bv the secretar?, or
assistant secretary under corporate seal
empowering that oflcer to bind the corporation).
Lance M Waite (print name)’
Lance M. Waite
(print name)
(If signed by an individual partner, the
partnership must attach a statement of
partnership authorizing the partner to execute
this instrument).
Assistant Secretary,Lamco Housing, Inc.
(title and organization of signatory)
Form Approved By City Council July 2, 1991 6 Form 18A
Resolution No. 91-l 94KJH Per Jane Mobaldi. Rev. 01/l l/96
3930
EXHIBIT “A”
LEGAL DESCRIPTION
PARCEL A:
PARCEL 2 OF PARCEL MAP NO. 2244, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, JANUARY lo,1974 AS FILE NO. 74-0073 17 OF OFFICIAL RECORDS.
PARCEL Al :
AN EASEMENT FOR ROAD AND UTILITY PURPOSES AND INCIDENTALS THERETO OVER,
UNDER, ALONG AND ACROSS THE SOUTHERLY 20.00 FEET OF PARCEL: 1 OF PARCEL MAP
NO. 2244, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 10,
1974 AS FILE NO. 74-007317 OF OFFICIAL RECORDS.
PARCEL A2:
A PERMANENT AND NON-EXCLUSIVE EASEMENT AND RIGHT OF WAY FOR ROAD AND
PUBLIC UTILITY PURPOSES AND INCIDENTALS THERETO OVER THAT PORTION OF THE
NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 12,
RANGE 4 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO UNITED STATES
GOVERNMENT SURVEY, FOR THE BENEFIT AND USE OF THE PRESENT AND FUTURE
OWNERS OF ALL OR ANY PART OF THE NORTH ONE-HALF OF THE NORTHEAST QUARTER
OF THE NORTHWEST QUARTER OF SAID SECTION 26, TOWNSHIP 12 SOUTH, RANGE 4 WEST,
SAN BERNARDINO MERIDIAN, SAID EASEMENT TO BE 40.00 FEET IN WIDTH TO THE
WESTERLY LINE OF COUNTY ROAD SURVEY NO. 1 SOO- 1, KNOWN AS EL CAMJNO REAL.
PARCEL B;
THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 26, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND
MERIDIAN, IN THE CITY OF SAN DJEGO, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO THE OFFICIAL PLAT THEmOF.
Form Approved By City Council July 2. 1991
Resolution No. 91-194/KJH
7 Form 18A
Per Jane Mobaldi. Rev. 01/I 1196
. ’
3131
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On 1 !q!lq beforeme, ~~IIZ-A. ~~WJJ% -
Notary Public, personally appeared p\twpep A 8: . u ~Vh u4-lF , [ ] personally
known to me - or 4 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.
a*
Form Approved By City Council July 2. 199 1
Resolution No. 91- 194/KJH Form 18A
Per Jane Mobaldi, Rev. 0 I /I l/96
- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907
State of C!hXh~
9
County of ,4U$iIXQD Ll
before me,
DATE
personally appeared
ER -E.G.. “JANE DOE. NOTAdy PUBLIC”
t
NAME(S) OF SIGNER(S)
I$ personally known to me - OR - q proved to me on the basis of satisfactory evidence
to be the person++ whose name&J is/m
subscribed to the within instrument and ac-
knowledged to me that he/sbef#q executed
the same in his/+&Me-9 authorized
capacity@+, and that by his/&+&b&r
signature@ on the instrument the person&J,
or the entity upon behalf of which the
person@) acted, executed the instrument.
WITNESS my hand and official seal. JdiQamud
SIGNATURE OF NOTARY
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(S)
TITLE OR TYPE OF DOCUMENT
c] PARTNER(S) 17 LIMITED
0 GENERAL
0 ATTORNEY-IN-FACT NUMBER OF PAGES
0 TRUSTEE(S) q GUARDIAN/CONSERVATOR q OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTIWIES)
SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION l 8236 Remmet Ave., P.O. Box 7164 l Canoga Park, CA 91309-7184