HomeMy WebLinkAboutSDU 94-01; Ladwig, Robert & Barbara & Timcor Financial Corp.; 1994-0456362; Public Facilities Fee Agreement/Release. ._
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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO: OFFICIn; f;E[fjf:ES
City Clerk
CITY OF CARLSBAD 1200 Carlsbad Village Drive
Carlsbad, California 92008-l 989
Space above this line for Recorder’s use
Parcel No. 156-220-27
AGREEMENT BETWEEN OWNER, DEVELOPER
AND THE CllY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FAClLlTlES FEE
FOR OUTSIDE THE BOUNDARIES OF COMMUNlTY FACILITIES DiSTRlCT NO. 1
THIS AGREEMENT is entered into this 24th day of June 8 1 g%L,
by and between Robert C. & Barbara A. T,adwia
(name of developer)
as a married couple 8 hereinafter referred to as “Developer” whose address
(corporation, partnership, etc.)
is 2642 Ocean Street, Carlsbad, CaIiforr& 97008
(street) (city, state, zip code)
and TIMCOR Financial Corporation
(name of legal owner)
a California Corporation , hereinafter referred td as “Owner’, whose address
(individual, corporation, etc.)
is 11500 West Olympic Boulevard, Suite 425, Los Ancwles. California 90064
(street) (city, state, zip code)
AND
the ClTY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred
to as “City”, whose address is 1200 Carlsbad Village Drive, Carbbad, California, 92008-l 999.
FormApproved
I$’ city Council July 21991 JUN 2 4 1994 Reso # 91-194/KJH CITY OF CARUBAQ
PIAPJNCNG QEPT.
REClTALS 159
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: Second Dwell ins Un i t
said Property, which development carries the proposed name of 1815 McCauley Lane
Property
and is hereafter referred to as “Development”; and
* WHEREAS, Developer filed on the %4- day of LNSL ‘l%l&
with the City a request for Administrative 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
Form &proved By City Council July 2 1991 Reso # 91-194/KJH 2
560
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.
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 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 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 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 and Owner 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 Titles 18, 20 or 21 of the Carlsbad Municipal Code.
Fom Approved
By City Cound July 2,199l
Reso # 91-194AuFl 3
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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. tf 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. lf 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
FmApprwed By City Council July 2,199l Rem # 91-194AuH 4
.
*. 1 . 162
following manners:
7.1 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
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 benefti 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 succes.sor 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, Cii shall record a
release.
Form !qqmval ByCitycouncilJuly2,1991 Rcso iv 91-194/m-I 5
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EXHIBIT “A”
LEGAL DESCRIPTION
Parcel 2 of Parcel Map Number 12926 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 27, 1983 as File Number 83- 345509 of official records.
F- MP& ByCityCouncilJuly2,1991
Reul # 91-19wluH 7
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. -1 . 164
IN WITNESS WHEREOF, this agreement is executed in San Diego County, California
as of the date first written above.
OWNER: TIMCOR FinanciaLoration -,- -
. - ///. J. .jGkc@/d IDRES.
(print name) v (signature)
DEVELOPER: Robert C. & Barbara A. Ladwig
(name of developer)
BY %
Robert C. Ladwiq
,,,~[b; name)
(print name)
(signature)
(title and organization of signatory)
BY cL/dauJ@ (signature) * Barbara A. Ladwiq
(print name) . w cfp
(title and organization of signatory)
Al-TEST:
ClTY OF CARLSBAD, a municipal
corporation of the
State of California
- w,~ ALETHA L. RAUTENKRANZ, City Clerk
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
BY ‘r fPukL+z
(Notarial acknowledgement of execution of DEVELOPER and OWNER must be attached.)
Fom ApprovaJ Bycityczound.July~1991 Reio # 91.194m 6
_- 165
STATE OF CALIFORNIA
COUNTY OF SAN OIEGO
On Jtin& 21, 1qSq , beforeme, 1S;&i Sclrli \lCcr\ ,
Notary Public, personally appeared ok+ CL L-adU~iG nfid
l3dm A. Lccntiis , personally knowngo me (or 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
&&be/they executed the same in m/their authorized capacity(ies), and that
by h-@#eq%heir signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
Yitness my hand and official seal.
1 NomYpublic- .._ SAN OIEQD COUNTY
'wcomm.ExQkwSEPoe,1895 t
d. . r
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CAilF,ORNIA ALL-PURPOS ACKNOWLEDGMENT No. 5907
State of California
County of Los Angeles
On June 22, 1994 before me, . Jue ~~hmer, mlhl 1p I DATE NAME, TITLE OFOFFICER -E.G.. “JANE DOE. NOTARY PUBLIC
personally appeared mVEY J. HARRIS, Vice President , NAME(S) OF SIGNER(S) .
q personally known to me - OR - q proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) i&+-e
subscribed to the within instrument and ac-
knowledged to me that heMt&they executed
1 JULIE FULMER
2 COMM. # 94(#27 P
I
the same in hisZ&ZZTtEi2& authorized
capacity(ies), and that by hisIhe&heii
signature@) on the instrument the person(s),
or the entity upon behalf of which the
person*) acted, executed the instrument.
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
?!! CORPORATE OFFICER
Vice President
nn-w)
PUBLIC FACILITIES FEE AGREEWNT
TITLE OR TYPE OF DOCUMENT
0 PARTNER(S) Cl LIMITED
0 GENERAL SIX (6) q ATTORNEY-IN-FACT
0 TRUSTEE(S)
; ~;;;;IAN/CONSERVATOR
NUMBER OF PAGES
June 22, 1994
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTlTY(IES)
Timcor Financial Corporation NO
SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION l 8236 Remmet Ave., P.O. Box 7194. Canoga Park, CA 91309-7184