Loading...
HomeMy WebLinkAboutSDU 94-03; Osburn, Denny; 1994-0725871; Public Facilities Fee Agreement/Release* . ’ - r , RECORDING REQUESTED BY AND .’ WHEN RECORDED MAIL TO: City Clerk CR-Y OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, California 920081989 CC # 1994-0725871 915 22-DEC-15’5’4 I#=03 Al? OFFICIAL RECORDS SIIN DIEGO CDUNTY RECORDER’S OFFICE 28.00 Space above this line for ‘Recorder’s use Parcel No. 205-12@20 AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE FOR OUTSIDE THE BOUNDARIES OF COMMUNllY FAClLlTlES DISTRICT NO. 1 THIS AGREEMENT is entered into this 27 day of SePt*r I1925 by and between EennyJ.Osbum - Trustee of the Denny J. Osbum Trust Dated - Septmber 14, 1993 (name of developer-owner) a Trust (corporation, partnership, etc.) ’ hereinafter referred to as “Developer” whose address is 3456 Adams Street, Carl&ad, California (sheet) (city, state, zip code) and the Cm OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as “City”, whose address is 1 ZOO 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 follow-:: second dwellim unit on said Property, which development carries the proposed name of None Form Approved Sy Clly Council July 2,1991 Rsso # Sl-194KJH 1 -9-w w-3 . . , . . ’ , ’ and is hereafter referred to as ‘Development”; and -4 916 WHEREAS, Developer filed on the 27th day of SePt*r with the City a request for second &elliY unit “Request”; and hereinafter referred to as 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 n88dS of the Development as it is presently proposed; but the DeV8lOp8r is aware that the City cannot and wilt not be able to make any such finding without financial assistance to pay for such services and facilities; and therefore, D8V8lOp8r 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 stnrctures to b8 construct8d in the Development pursuant to the Request. The fee shall be paid prior to the issuance of building or other cOnstrUctiOn permits fOf th8 d8V8lOpm8nt and shall b8 based on th8 valuation at that time. This fee shall be in addition to any fees, dedications or improvements required pursuant Form Approved ByCityCounoilJuiy2.1981 Row#Sl-194/KJH 2 917 to Titles 18,20 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 commklnity 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 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 d8V8lOpm8nt. This fee shall be in addition to any fees, dedications or improvements r8qUir8d according to Tiles 18, 20 or 21 of the Carlsbad Municipal Code. 2. The D8V8lOper may offer to donate a sit8 or sites for public facilities in lieu of aif or part of the financial obligation agreed upon in Paragraph 1 above. tf D8V8lOper 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 credit against the fee shall be determined by Clty prior to th8 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 Tiles 18 or 20 of the Carlsbad Municipal Code. 3. This agreement and the f88 paid pursuant hereto are required t0 ensure the consistency of the Development wlth the City’s General Plan. If the fee is not paid as provided herein, the Cii will not have the funds to provide public faciliies and services, and the deVelOpm8nt will not be consistent with th8 General Plan and any approval or permit for th8 Development shall be void. No building or other construction permit or entitlement for us8 shall Form Ap- Ey Clly Council July 21991 Rsso # 96194aJH 3 ’ . - 918 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 assurancxs to enable Developer to comply with any requirements of other public agencies as 8Vid8nC8 of adequate public facilities and services sufficient to accommodate the needs of the DeV8lOpm8nt herein described. 6. All obligations hereunder shall terminate in the event the Request made by Developer is not approved. i 7. Any notice from one party to th8 Oth8f shall b8 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 City at the address set forth herein, enclosed in a sealed envelope, addressed to the Cii for attention of the City Manager, postage prepaid and Certified. 7.2 tf nOtiCe iS given to Developer by personal delivery thereof to D8V8lOp8f or by depositing the same in the United States Mail, endosed in a sealed 8nv8lOp8, 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 resp8ctiv8 successors and assigns of Developer and City, and references to D8V8lOp8r or City herein shall b8 deemed to b8 a fefer8nC8 to and include their resp8ctive succxssors and assigns without sp8cific mention of such sucxxssors and assigns. lf Developer should cease to have any interest in the Property, all obligations of Developer hereunder shall FomtApprovod Sy City Council July 2,1991 Rsso Ir 91.194/KJH 4 terminate; providitd, 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. . . . . . I . . . . . . . . . . * . * . . . . . Form Approved By City Counclf July 21991 Row # Sl-194/KJH 5 :- ? 920 IN WlTNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first wrltten above. DEVELOPER-OWNER: n-Q+/ 3. ckb~@&J (name Of D8V8tOp8r) CrrY OF CARLSBAD, a municipal corporation of the State of California BY DNNY 3, c)ShmbJ T t-u stekP% :ha,m$ enny J. Osburn Trust (title) uafxa - 3eptemDer 14, 1993 BY MARTIN ORENYAK+ ’ for City Manager BY (signature) (print name) (title) ATTEST: ALETHA L. RAUTENKRANZ, City Clerk (Proper notarial aCknOWledg8m8nt of execution of DEVELOPER-OWNER must be attached.) (President or vice-president and secretary or assistant 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.) APPROVED AS TO FORM: RONALD R. BALL, City AttOrn8y Form Apprgvd By City Council July 2,199l Reso # Sl-194/KJH 6 . -. : . :’ , - \I 1.” ‘. I EXHIBIT ‘A’ ORDER NO. 1057356-7 LEGAL DESCRIPTION 'IHELANDREFERREDTO~IN IS SI'IUATED INTHEST7XEOFCALIFOFWA,COUNTYOF SANDIEGO,ANDISDESCRIBEDASFO~: THAT FORTICEi OF TRACT TWO HUNDRED THIRTY-NINE OF TJk THUM LANDS,‘IN THE CITY OF CARLSBAD, COUNTYOF SANDIEGO, STATEOFCALlFORNIA,AQZORD~G TOTHEMAP TUEREOF NO. 1681, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, 1915, DESCRIBED AS FOmS: COMMENCINGATACONCREX'E -MARKINGTHE INTEZ?S~TIoNOF THECEWI'ERLFS OF ADAMSZYCREZT AND CHES2W AVENUE AS SHU'?N ON SAID MAP NO. 1681; THENCE NORTH 61'21' EAST ALCNG SAID CENTER LINE OF CHES'INUT AVENUE 363.80 FEET; THENCE NORTH 28O39' WEST 236.43 FEET To THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 28'39' WEST 95.0 FEET; THENCE SOUTH 61O21' WEST 188.95 FEET 'IO THE CENTEWINE OF SAID ADAMS STREET; THENCE SOUTH 0'52' EAST ALONG SAID CENTER LINE 107.38 FEET 73 INTERSECTIONWITHALINEBElARING SOUTH 61°21'WESTFROMTHETRUEPOINTOF BEKPJNING; THENCE NORTH 61O21' EAST 239.0 FEET 'IO THE TRUE E'OINT OF BEiXNNING. Form- ByCitycouncilJuly21~1 Rosa # 91.ls4fKJH STATE OF CALIFORNIA ) 1 COUNTY OF SAN OIEGO ) OnaW ,QQA , before me,ROBERT H. SONNEBORN 9 Notary Public, personally appeared DENNY J. OSBURN - - - - - - - - - - - , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(%) whose name(%) is/a subscribed to the within instrument and acknowledged to me that he/&@&# executed the same in his/he&MWr authorized capacity(M), and that by his/hW~X#&iX signature(g) on the instrument the person@), or the entity upon behalf of which the person(%) acted, executed the instrument. Witness my hand andfiicial seal. ROBERT H. SONNEBORN Signature of Notary Public Comm 11028% ICHARY PUBLIC CAI IFC Comm bwesJune 12,1998 T ~- ,, ’