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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. <’ ,,- _’ : REV 8/W gc 90-d 1212 REClTAlS 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 REV 8/90 2 . .-,; r . . 1213 ‘J;::: .a j 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 REV 8/90 3 - 3 1214 - * 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. REV 8/90 . . ‘i 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. REV 8/90 5 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:) ;- REV 8/90 6 PARTNERSHIP ACKNOWLEDGMENT 1217 NO 203 : z- California On this the 18thday of October 1990, before me, ss. ****Jim Stewart****************** 7130 122 E i 8 0 3 e 3 * 4 0 2 P f 6 : P 5 7 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 o ss. pd w 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.