HomeMy WebLinkAboutSDU 98-49; 3220 Partners; 1999-0039206; Public Facilities Fee Agreement/ReleaseY DOE ” 1999-00392061
J#Wd 25s 1999 IO:49 AM
2304 [IFFICICY REm SIN DIEGO COUNTY REMRDER’S OFFICE GRESORY p&mHt ciclu&REm : .
RECORDING REQUESTED BY AND >
WHEN RECORDED MAIL TO: >
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Drive
Carlsbad, California 9200% 1989
1999-0039206
Space above this line for Recorder’s use
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
FOR OUTSIDE THE BOUNDARIES OF COMTY FACILITIES DISTRICT NO. 1
Parcel No. 156-212-17
THIS AGREEMENT is entered into this I2th day of December ,1998,
by and between (name of developer-owner) 3220 Partners
a (corporation, partnership, etc. ) Partnership , hereinafter referred to as “Developer”
whose address is (speet, ci@, state, zip code) 3220 James Drive
Carlsbad, Ca. 92008 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.
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 follows: 1 s i ng 1 e
family residence with a 2nd dwelling unit on said Property, which
Form Approved By City Council July 2, 1991.
Resolution No. 91-194/KJH
1 Form 17
Per Jane Mobaldi. Rev. 01/l l/96
h
development carries the proposed name of 3220 Pa r t ne r s
and is hereafter referred to as “Development”; and
WHEREAS, Developer filed on the 1 st day of December ) 1998 A
with the City a request for . . a bum Idlag oermi t & ci SCCod dMll;Al tin;+
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 has asked the City to find that public facilities and services will be
available to meet the firture 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 proposes to hetp satisfy the General Plan as
implemented by Council Policy No. I7 by payment of a public facihties 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 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
Form Approved By City Council July 2.1991 2 Form 17
Resolution No. 91-194/KJH Per Jane Mobaldi. Rev. 01/l l/96
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 2 1.47 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 na other permit is necessary prior to the use or occupancy for
which the development is intended. Developer shaIl pay the City a public facilities fee in the sum of
$1,1 SO for each mobitehome 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 2 1 of the
Carlsbad Municipal Code.
2. The Developer may offer to donate a site or sites for public facilities in Iieu of all or part
of the financial obligation agreed upon in Paragraph 1 above. If Developer 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 shah be determined by City prior to the issuance of any
building or other permits. Such determination, when made, shall be- come a part of this agreement.
Sites donated under this paragraph shaI1 not include improvements required pursuant to Titles 18 or 20 of
the Carl&ad 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.
Form Approved By City Council July 2, 1991 3 Form 17
’ Resolution No. 91-194/KJH Per Jane Mobaldi. Rev. 01/l l/96
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2307
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 shah be dated and signed
by the party giving such notice or by a duly author&d 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 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 benefit of, and shall apply to,
the respective successors and assigns of Developer and City, and references to Developer 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.
Form Approved By City Council July 2, 1991
Resolution No. 91-194/KJH
Form 17
Per Jane Mobaldi. Rev. 01/l l/96
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2308
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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, 199 1
Resolution No. 91-194/KJH
5 Form 17
Per Jane Mobaldi. Rev. 0111119h
-
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IN WITNESS WREOF, this agreement is executed in San Diego County, California as of the
date first written above.
DEVELOPER-OWNER: CITY OF CARLSBAD, a municipal corporation
of the State of California
G.E@k?Ge- .D. &m?~$$
(print name)
~GUWL- ~/en. f”fe-
(title) \ I APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
(print name)
(title)
(Notarial acknowledgment of execution of DEVELOPER and OWNER must be attached).
(President or vice president AJ~ secretary or assistant secretary mtist sign for corporations. !f only one
oficer signs, the corporation must attach a resolution certified by the secretq or assistant secretary
under corporate seal empowering that oftcer to bind the corporation).
(If signed by an individual partner, the partnership must attach a statement ojpartnership authorizing
the partner to execute this instrumentj,
Form Approved By City Council July 2. 1991
Resolution No. 9 I - 194/KJH
Form 17
Per Jane Mobaldi. Rev. 01/l l/96
. . .-
2310
EXHIBIT “A”
LEGAL DESCRIPTION
Parcel 2 of Parcel Map No. 15172, in the City of Carlsbad,
County of San Diego, State of California, filed in the
Office of the County Recorder of San Diego, March 8, 1988.
Assessor’s Parcel No. : 156-232-17
Form Approved By City Council July 2, 1991.
Resolution No. 91-194/KJH Form 17
Per Jane Mobaldi. Rev. 01/l l/96
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2311 ’
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On /J ,422 /S&P before me, T//YE-- lI%f/JD FZEid#E? ,
Notary Public, personally appeared c-&!%?~Gk~ -p, i&vex-L7 - I? , [ ] personally
known to me - or+-+pr~&tome-o~~ to be the person(s) whose
name(s)&kre subscribed to the within instrument and acknowledged to me that’@khe/they
executed the same in his/her/their authorized capacity(ies), and that by#$?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.
(Signature of Notary)
Form Approved By City Council July 2,1991
Resolution No. 91-194/KJH
CARMEN LA BELLE4
~~~~~~‘~~~~~~*- -3 .
San Diesc Counts -
8 Form 17
Per Jane Mobaldi, Rev. 0111 l/96