HomeMy WebLinkAboutZC 90-06; Western Land & Development Co and Kelly, Richard; 90-651249; Public Facilities Fee Agreement/Release1211
RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: 1
CITY OF CARLSBAD
1200 Carlsbad Village Drive
(Formerly Elm Avenue)
Carlsbad, California 92008
Parcel No. 209-060-58
AGREEMENT BETWEEN OWNER, DEVELOPER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
l -.
THIS AGREEMENT is entered into this 7 1 ST day of AITCTTST , 19 pn by and
between WESTERN LAND & DEVELOPMENT COMPANY
(Name of Developer)
a GENERAL PARTNERSHIP , hereinafter referred to as “Developer” whose address
is 5200 EL CAMINO REAL cm, -TA 9713118
(Street) . . (City, State, Zip Code)
and I RICHARD C. KELLY ---.. 6 (hame of Legal Owner)
an INDIVIDUAL
(Indivi4ua1, Corporation, etc.) 3 5 7 6 HW~
“Owner” whose address is +, 76 Ly’9.
(Sneer)
, hereinafter referred to as
BONSALL, CALIFORNIA 92003
(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 (Formerly Elm Avenue), Carlsbad,
California, 92008. <’ ,,- _’ :
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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
a devleopment project as follows: A REZONE
on said Property, which development carries the proposed name of RANCH0
CARLSBAD GOLF COURSE and is hereinafter referred to as “Developer”; and
WHEREAS, Developer filed on the 21 day of , lw with the City a AJ(j u5-k
. - request form
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 28, 1987, 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;
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 Poicy No. 17 by
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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
of use” as used in this agreement, except in reference to mobile home 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 of occupancy for which the
development is intended. Developer and Owner shall pay the City a public facilities fee in the sum
of $l,lSO 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 any fees, dedications or improvements required according to Titles 18, 20,
or 21 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 2’
to accept the offer. The time for donation and amount of credit against the fee shall be determined
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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 shah
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
service sufficient to accommodate the needs to the Development herein described.
6. All obligations hereunder shall terminate in the event the Requests made by
Developers 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 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 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,
enclosed in a sealed envelope, addressed to the City attention of the City Manager, psstage prepaid :*
and certified.
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7.2 If notice 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 may have been designated, postage prepaid and certified.
8. This agreement, shall be binding upon and shall ensure 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 references 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+ 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+ interest in the
Property is a stranger to this agreement, such successor has East 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, City shall record a
release.
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IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date
first written above.
OWNER: DEVELOPER:
., w#-u-&w dew.. 4*
. (Name)
(Signature)
‘ (Name)
(Signature)
: :I .,
ATTEST:
.
ALETHA L. P,4UTENKRANZ, City Clerk
APPROVED AS TO FORM:
CITY OF CARLSBAD, a municipal
corporation of the
State of California
For City Manager
pr/ti,ee, L
KAREN J. H/RATA -
DEPUTY CITY ATTORNEY
VINCENT F. BIONDO, JR.
City Attorney
(Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached:) ;-
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PARTNERSHIP ACKNOWLEDGMENT 1217 NO 203 : z-
California On this the 18thday of October 1990, before me,
ss. ****Jim Stewart******************
7130 122
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L
offlClA1 SEAL JIM STEWART Notary Public- Callfcmla !3AN DEGO COUNTY My Commlsdon Expkes March 14,1994
the undersigned Notary Public, personally appeared
***David F. Dawes and Ronald S. Schwab************* f
erson(s) who exe
and acknowled
factory evidence
rument on behalf of the
rtnership executed it.
NATIONAL NOTARY ASSOCIATION . 23012 Ventura Blvd. . P.O. 80x 4625 l Wwdland Hills. CA 913
STATE OF CALyaO1h,,e
COUNTY OF _p
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On this day of d( lc764 J , in the year/.?9& (
before me, the
personally appeared
a
personally known to me or proved to me on the basis of satisfadory evidence to be the person whose name is subscribed to this instrument, and acknowledged that he (she or they) executed it.
FOR NOTARY SEAL OR STAMP
,’ J * .- EXHIBIT “A” 121?3-
LEGAL DESCRIPTION
PARCEL 1:
That certain portion of Lot 'B' of the RANCH0 AGUA HEDIONDA, County of San Diego, State of California, according to Map thereof No. 823, filed in the Office of the
Recorder of said County, November 16, 1896, described as follows:
BEGINNING at the Northwest corner of said Lot 'B" as shown on Record of Survey Map No. 517, Records of San Diego County: thence along the West line of said Lot 'B" as shown on said Record of Survey Map'South O" 06' East 1093.5 feet to an angle point in said West line, said point being also the Northwest corner of a 39.0 acre parcel of land as shown on said Record of Survey Hap No. 517, also said point being the TRUE POINT'OF BEGINNING of the herein described parcel of land: thence continuing along said West line South O" 11' East 1197.17 feet; thence leaving said
West line North 84' 02' 08' East 62.80 ft; thence North 37" 32' 03" East 460.00
feet: thence South 80° 28' 02' East 275.00 feet; thence South 40° 28' 07" East
130.00 feet: thence South 15' 58' 12' East 236.00 feet; thence South 20' 01' 43"
West, 106.39 feet: thence South 76O 46' 39" East, 104.48 feet to a point on the Easterly line of the above mentioned 39.0 acre parcel of land as shown on said
Record of Survey Hap; thence along said Easterly line North 13' 13'.21* East (North
13O 12' East Record) 1312.20 feet to the Northeast corner of said 39.0 acre parcel
of land: thence along the Northerly line thereof North 87' 47' 35" West 1133.30
feet (North 87O 45' West 1133.0 feet Record) to the TRUE POINT OF BEGINNING.
PARCEL 2:
That certain portion of Lot 'Em of the RANCH0 AGUA HEDIONDA, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No.
823, filed in the Office of the Recorder of said County, November 16, 1896,
described as follows:
BEGINNING at the Northwest corner of said Lot 'B' as shown on Record of Survey Map No. 517, Records of San Diego County; thence along the West line of said Lot "B"
as shown on said Record of Survey Map South 0' 06' East 1093.5 feet to an angle point in said boundary; thence along said West line South O" 11' East 164.57 feet to the TRUE POINT OF BEGINNING of the herein described parcel of land: thence continuing along said West line South 0' 11' East 1032.60 feet; thence leaving said West line South 84O 02' 08" West 109.20 feet: thence South 9" 02' 13" West 210.00 feet to a point on the Northerly right of way line of Road Survey 682. 60 feet wide, distant thereon North 66O 57' 42' West (North 67" 10' 00" West per R.S. 682) 35.00 feet from Road Survey Station 130 + 02.98 B. C. 'B‘ Line Realignment; thence
along said Northerly right of way line North 66' 57' 42' West (Record North 67O 10'
00' West) 501.24 feet; thence leaving said Northerly right of way North 29' 40' 36" East 1213.62 feet to the TRUE POINT OF BEGINNING.