HomeMy WebLinkAboutSPD 89-07A; Brookfield Davidson Homes Inc; 1996-0468705; Public Facilities Fee Agreement/ReleaseBY AND
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Drive
Carlsbad, California 92008-1989
2142 -7 It 1996-0468705 l&SEP-1996 09~48 All
OFFICML RECORDS SAN DIEGO CDUNTY RECORDER’S OFFICE
28.00
Space above this line for Recorder’s use 214-170-17, -21, -22 and
parcel No. 216-150-63, -05, -16
SbPe4 dn@)
AGREEMENT BETWEEN OWNER, DEVELOPER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
FOR OUTSIDE THE BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 1
THIS AGREEMENT is entered into this 23rd day of July ) 19%
by and between BROOKFIELD DAVIDSON HOMES INC.
(name of developer)
a California corporation , hereinafter referred to as “Developer” whose address
(corporation, partnership, etc.)
is 12865 Pointe De1 Mar, Suite 200, De1 Mar, California 92014
(street) (city, state, zip code)
and ODmRK & WHELAN AND THE DAVIDSON &bfPANIEs PARTNERSHIP
(name of legal owner)
a General partnership , hereinafter referred to as “Owner”, whose address
(individual, corporation, etc.)
is 12865 Pointe De1 Mar, Suite 200, De1 Mar, Califoria 92014
(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 1 Form 18
By City Council July 2 1991 per Jane Mob&Ii, Rev ou??196 Rcso Y 91.I944KlH
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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 development project as follows: a 72 unit single family detatched
residential development on said
Property, which development carries the proposed name of BROCCATO
and is
hereafter referred to as “Development”; and
WHEREAS, Developer filed on the 5th day of July ,19=,
with the City a request for SITE DEVELOPMENT PLAN REVISION (AMENDMENT)
“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 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;
Form Approved
By City Gxuwil July 2. 1991
Reso Y 91.1941WH
2 Form I8
per Jane Mobaldi. RN iDX?/96
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.
Form Approved
By City Caumil July 2.1991
Reso # 91-PWKJH
3 Form 1.9
per Jane Mobrldi. Rev OX!Z/%
2145
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 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 suffkient 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 shah not be effective for any purpose whatsoever unless served in one of the following
Form Approved
By Ciy Cwncil July 2. 1991
Resa # 91.IWH
4 Fom 18
per Jane Mobaldi. Rev 02f22%
manners:
7.1 If notice is given to the City of persona1 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 persona1 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, Qwner 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 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 hen or security interest in the
Property. When the obligations of this agreement have been satisfied, City shall record a release.
. . . .
Form Approved
By Ciy Carnal July 2.1991
Reso # 91-IWlUH
Fomt 18
per Jane Moluldi. Rev lWXM6
IN WITNESS WHEREOF, this agreement is executed in San Diego County, California
as of the date first written above.
OWNER: ODMARK & THELAN and THE
DAVIDSON COMPANIES PARTNERSHIP,
a California general partnership
By: Davidson Coscan Partners, a
California general partnership,
General Partner
By: Brookfield Davidson Housing, a
California corporation,
corporation oft ;yo~~~t
for City Manager
ATTEST:
ALETHA L. RAUTEN
By: APPROVED AS TO FORM:
By:
DEVELOPER:
BROOKFIELD DAVIDSON HOMES INC,
(name of Developer)
By:
E. Dale Gleed
(print name)
Vice President
(title and organization of signatory)
By: 6;,. J\&
(signature)
Elizabeth Zepeda
(print name)
Secretary
(title and organization of signatory)
(Notarial acknowledgement of execution of
DEVELOPER and 0 WNER must be attached).
(President or vice-president and secretary or
assistant secretary must sign for corporation. If
only one ofleer signs, the corporation must
attach a resolution certtjied by the secretary or
assistant secretary under corporate seal
empowering that ofleer to bind the corporation.)
Form Approved
By City Council July 2, 1991
Reso #9 I - I 94KJH
6 Form 18
per Jane Mobaldi, Rev. 02/221’96
C . .
. c
EXHIBITHA"
LEGALDESCRIPTION
- 2188
LOT 1 THRU 81, INCLUSIVE, OF CARLSBAD TRACT 89-19, ACCORDING TO
MAP 12902 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY DECEMBER 11, 1991.
Fom Approved
By City Council July 2,199l
Reso # 91.I94/WH
Form I8
per Jane Mobrldi. Rev WZ294
.
’ CALIFORNIA &~uRP*C~ ACKNOWLEDGMENT
_ 7 2149
State of i,il3ti /fi
County of & d)G60
On I, /776 before me,
onally appear \y
Name(s) of Signer(s) I
E?! personally known to me - OR - Cl 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 law, it may prove valuable to persons relyirtg 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: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer’s Name:
•! Individual
0 Corporate Officer
Title(s):
q Partner - Cl Limited 0 General
0 Attorney-in-Fact
0 Trustee
0 Guardian or Conservator
Cl Other:
Signer Is Representing:
Top of thumb here
Signer’s Name:
Cl Individual
0 Corporate Officer
Title(s):
0 Partner - 0 Limited 0 General
0 Attorney-in-Fact
0 Trustee
I7 Guardian or Conservator
q Other:
Signer Is Representing:
Top of thumb here
0 1994 National Notary Association l 6236 Remmet Ave., P.O. Box 7164 l Canoga Park, CA 91309.7164 Prod. No. 5907 Reorder: Call Toll-Free 1-600-676-6627