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HomeMy WebLinkAboutZC 249; Hanafin, Roger and Associates Inc; 81-349643; Public Facilities Fee Agreement/Release.,.,*t j\ft$:r. : *:L*c>‘:bdjrlg i‘Q*LiJf-n to: * : . - A_ - 983 c'Z,ty of Carl sbad TZOO :'I ITI Ave. Csrlsbad, CA 92008 AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 19 B1, by and between Roger Han&in and Associates, Inc. , (Name of Developer) a Corporation I (Corporation, partnership, etc.) hereinafter referred to as "Devolopcr" whose address is .-.. - 332 Ranche~os Drive, Suite 217 A . (Street) 251-3~ 4 & ‘3 -k San Marcos, California 92069 (City, state, zip code) and Garold Raff, et. al. (Name of Legal Owner) .- (Corporation, etc.) RECOROER hereinafter relerred to as "Owner" whose address is 2525 Ocean Blvd., Apt. D-3 (Street) Corona De1 Mar, California 92625 ' iJoPEE , (City, state, zip code) AND the CITY OF CARLSBAD, a municipai corporation of the State of California, hereinafter referred to as "City", whose address is 1200 Elm Avenue, Carlsbad, California, 92008. RECITALS WHEREAS, Owner is the owner of the real property described on Exhibit "A", attached to and made a part of this hereinafter referred to as "Property"; and 4MAR80 ' WHEREAS, the Property lies within the boundaries of City; and WHEREAS, Developer has contracted with Owner to purchase the Property and proposes a development project as follows: 360 residential conddniuns on said Property, which development carries the proposed name of Hcmfleur and is hereinafter referred to as "Development"; WHEREAS, Developer filed on the 19 81, with the City a request for -- a zone c-e 2 c a$q (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 incorporated'by this reference);. and WHEREAS, Developer, Owner and City recognize the correctness of Council PoIScy No. 17, dated August 29, 1979, on file with the City Clerk and im-;qxrated by this reference, and that the C'ity's public faci'lities 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 service s will be available to meet the future needs of the Development as it is presently proposed: but the 2. I 985” Developer and Owner are aware that the City cannot and will not-be able to make any such findings 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 2% of the building permit valuation of the buildings 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. A credit toward such fee shali be given for land which has been dedicated for park purposes or for any fees paid in lieu thereof pursuant to Chapter 20.44 of the Carlsbad Municipal Code. Developer and Owner shall-pay a fee.for conversion of existing buildings or structures into condominiums in an amount exceed 2% of the building permit valuation at the time not to 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 3. *. ‘8 -4 %’ . . 986 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 to City a public facilities fee in the sum of $1,150 for each mobile- home 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 fees, dedications or improvements required according to Titles 20 or 21 of the Carlsbad Municipal Code. A credit toward such fee shall be given for land which has been dedicated for park any 18’ purposes or for any fees paid in lieu thereof pursuant to Chapter 20.44 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 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 4. . . . ‘. I.. 987 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.and Owner 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 Requests made by Developer and Owner are 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 n?:f.ice 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 by 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, 5. ‘983 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 thereof to Developer or by depositing the same in Mail, enclosed in a sealed envelope, addressed to pers.onal delivery the United States Developer at the address as may have been designated, postage prepaid and certified. 7.3 If notice is given to Owner by personal delivery thereof to Owner or by depositing same in the United States Mail, enclosed in a sealed envelope addressed to Owner at the address set forth herein or at such other address as may 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, Owner and the City, and references to Developer, Owner or City herein shall be deemed to be 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 of 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 6. t -1 ..* ,” * I 989 .* acceptable to City. r 9. This agreement shall be recorded but shall not create a lien or security interest on the property. When the obligations of this agreement have been IN WITNESS WHEREOF, County, California as of OWNER: satisfied, City shall record. a release. this agreement is executed in San Diego the date first written above. DEVELOPER: FOR ADDITIONAL SIGNATURES SEE ATTACHED "SIGNATURE PAGE,, / 0 Title President BY --- Title --^- c ATTEST: CITY OF CARLSBAD, a municipal corporation of the State of California ALETHA L. RAUTENKRANZ, BY City Manager City Clerk / VINCENT F. BIONDO, JR., City Attorney (Notarial acknowledgement of execution by DEVELOPER be attached.) and OWNER must 7. ss. before me, the undersigned, a Notary Public in and for said County and State, personally appeared &&&~~fi F/U -----, known to me to be the-.-.-----President, end-.- --___, known to me to be My of the corporation that executed the within Instrument, known to me to he the persons who executed the within Instrument on hehalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of 990 0 Q S 1 directors. Signatur Name (Typed or Printed) I NOTARY PUBLIC CALIFORNIA PRINCIPAL OFFICE IN SAN MEG0 COUNTY Mv Commtsslon Exo. Jan. 28.1985 Notary Public in and for said County and State STATE OF CALIFORNIA LOS ANGELES ss. COUNTY OF On October 16, 1981 before me, the undersigned, a Notary Public in and for said State, personally appeared GAROLD D. RAFF ------------------------ ---------------------------------------------------------- ----------------------- , known to ml to be the perso- whose name is subscribed to the within instrument and acknowledged that he executed the same. WITNESS my hand and official seal. Signature IyYllHlll~IIIIIIll~~:li~~~Nl~~l~ll~l,,~ OFFlClAL SEAL ELWAYNE E. SMITH i NOTARY PUBLIC CALIFORNIA g PRINCIPAL OFFICE IN LOS ANGELES COUNTY 2 - ission Expires October 26, 1981 i 11111111111111111111,,,,,,,,,,,,,,,,,,,,,,,,,,,~,,,,,,,,,,,,,,~,,,~,,,,!,,~,,‘,:,,,,, i (This area for ofIkia1 notarial seal) ,- 991 SIGNATURE PAGE AGREEMENT BETWEEN OWNER, AND THE CITY OF CARLSBAD DEVELOPER FOR THE PAYMENT OF A PUBLIC FACILITIES FEE H-P INVESTORS, INC., a corporation President STATE OF CALIFORNIA COUNTY OF LOS ANGELES On October 16, 1981, before me, the undersigned, a Notary Public in and for said State, personally appeared DOUGLAS W. ROLPH, known to me to be the President of the corporation that executed the within Instrument, known to me to be the person who executed the within Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within Instrument pursuant to its by-laws or a resolution of its Board of Directors. WITNESS my hand and official seal. (Seal) b; 1 nl~~~~~~~~~~‘ll~~~ll1111111111)o11111111lln~llulllllll~lllllllllllll~~l!llll,llllll,,,,,,,,,,,,,,,~,,,,,,,,,,~ OFFICIAL SEAL ELWAYNE E, a&m-j $ 7 NOTARY PUBLIC CALIFGRNIA z PRlNCiPAL 0FF:CE IN f LOS ANGELES COUNN Cmmission Expires Octaber 29, @fig 2 ~f)llDll~llR(WINIIIlll~lllllllll*Hllfl~~. 1 . . ‘ , _ . - 992 - SIGNATURE PAGE AGREEMENT BETWEEN,OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE STATE OF CALIFORNIA COUNTY OF LOS ANGELES On October /&% , 1981, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERTA B. AULL, known to me to be the person whose name is subscribed to the within instrument and acknowledged that she executed the same. WITNESS my hand and official seal. -.*. ~tn~itItInltiillii~~l~~lii~llnn~~~~t~~i~~i~~i~~~~in~n~~~u~~~tm~~~t~~~~~~~~t~~~i~~~~!~~~~!t~~~~t~~~t~t~~~~~~t~~~~~i~ 1 E = = OFFICIAL SEAL E g _= DOROTHY REDLIN E ;+ + = NXAR‘f PUBLIC-CALIFORNIA $ .g PRINCIPAL OFFICE IN z z g LOS ANGELES COUNTY 3 z M) Commission Expires April 1, 1983 g 3 ~llll~lHlllillilllllllli!llll~llll!l!~l~l~il~!l~~llllllilillll~ii~lllllilllllil~lllillllll!lllillllili~lllilillltil~~lll~~llll~l~~ . . . . c - . w ’ . 993 SIGNATURE PAGE AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARESBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE STATE OF CALIFORNIA COUNTY OF LOS ANGELES On October 16, 1981, before me, the undersigned, a Notary Public in and for said State, personally appeared GAROLD D. RAFF, known to me to be the person whose name is subscribed to the within instrument, as the Attorney in Fact of Robert N. Belyea, Benjamin B. Johnson, L. Eugene Pickett, Betty May Pickett, David B. Raff, Douglas W. Rolph, Martyn H. Yardley and S. James Vamvas, and acknowledged to me that he subscribed the names of Robert N. Belyea, Benjamin B. Johnson, L. Eugene Pickett, Betty May Pickett, David B. Raff, Douglas W. Rolph, Martyn H. Yardley and S. James Vamvas thereto as principals and his own name as Attorney in Fact. WITNESS my hand and official seal- “~“~“““~‘~~‘~“‘ll(lll~~~~llllIllllllllllllllUllll~lllllll~~,,l,,,,,,,,,“,,,,,,,,~,,,,“,,,,,,”~ OFFICIAL SEAL @%#‘h!k E. SMITff g NOTARY PUBLIC CALIFCRNIA $ PRlNClPkL OFFICE IN LCS ANGELES C0tJNj-y 3 ‘* Y,,. _- . .’ -- a94 ’ - J ‘* EXHIBIT “A” LEGAL DESCRIPTION A porton of the WestHalf of Section 33, Township 12 South, Range 4 West, San Bernardina.Base and Meriditi, in the County of S.an Diego, State of California, and described as follows: Beginning at the Northwest'Comer of Section 33, as shown g ; : on State Highway Map No. Xl-S,D, Rte. 2-Sec. B.; Thence, r I,. North 89"57'30" East,.234.04-Feet to a point in the South- westerly Boundary Line of the Right-of-way of the ATCHMN, TCPEKA.AND SANTAFERAIU@AD coMpANy (Coast Line); Thence, South 21'09'50" East, along said Southwesterly Bomdary Line, a distance of 1611.52 Feet, to the beginning of a curve concave Soutjx7est.e.rly and having a Radius of 13,950.91 Feet, a line Radial to said curve at said last mentioned point bears South 68" 58'10" West; Thence, Southeasterly along said curve and being -on said Southwesterly Right- of-way Line, an arc distance of 1327.69 Feet, to a point in said curve, said point being in the center line of a channel; Thence, leaving said Right-of-way line and following the center line of said channel, South 46'04' West, 204.03 Feet; Thence, South 71'52' West, 195.12 Feet; Thence, North 74'34' West, 244.87 Feet, to a point in the Easterly line of State Highway Xl-S.D. Rte. 2-Sec. B; Thence, North 17"31' West, along said Easterly Boundary tine of said State Highway, a distance of 1969.11 Feet; Thence, North 4'40'30" West, 913.85 Feet; Thence, North O"O1'50" West, 110.26 Feet, to the point of beginning.