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Home My WebLink AboutCT 81-24; THE ROSE GARDEN PARTNERSHIP; 85-102056; Public Facilities Fee Agreement/ReleaseS5-102056 474 Recording Requested By and Return To: THE CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, CA 92008 1985 MAR 27 ffl |: 06 I [_ CO *— inm i IIMIJ.^ VERA L.I Y COUNT YRLCORDFR RELEASE OF AGREEMENT TO PAY PUBLIC FACILITIES FEES RF 6.00 AR 2.00 TLR 8.00 MG 1.00 PLEASE TAKE NOTICE that the Agreement For Payment Of Public Facilities Fees between The City of Carlsbad and The Rose Garden Parnership — — required by an Application for CT 81-24/CP-6 (A) and recorded on 81-259680August 14, 1981 as Document No. is hereby released for the following reason: /X? Fees Paid and Obligation Satisfied /~7 Application Withdrawn /~7 Other DATED: February 27, 1985 ATTEST: ALETHA L. RAUTENKRANZ, City Clerk APPROVED AS TO FORM: VINCENT F. BIONDO, JR., City Attorney By CITY OF CARLSBAD D. ALESHIRE, City Manager STATE OF CALIFORNIA ) t COUNTY OF SAN DIEGO ) ss. On S?l^(-**_J 475 before me the undersigned, a Notary Public in and for said State, personally appeared Frank N. Mannen, known to me to be the Acting City Manager of the City of Carlsbad, a Municipal Corporation of the State of California, known to me to be the person who executed the within instrument on behalf of said Municipal Corporation, and acknowledged to me that such City of Carlsbad, California, executed same. WITNESS my hand and official seal. OFFICIAL SEAL KAREN R. STEVENS Notary Public - California Principal Office In San Oicgo County My Commssou Eifmes Sept 27,1385 «» • Vfter 't^rn to:14 Aft 1 200 'Elm Ave, AGREEMENT BETWEEN OWNER, DEVELOPER AWD THE CITY OF CARLSBAD FOR THE THIS AGREEMENT is entered into this_£9 day of February 3.9 °1 , by ;od between The Rose Garden Partnership (Name of Developer) a Partnership . (Corporation , partnership, etc.) hereinafter referred to as "Developer" whose address? is N. Scoitsdale Rd. ___> ___________ (City? state, z:ip code) ^ (Narae of Legal Ovmer) Partnership (Corporation, etc.) •hereinafter referred to as "Owner" whose address is (Street) (City, state, zip code) AND the CITY 01' CARLSBAD, a municipal corporation of the State of California, hereinafter referred to ar. "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 agreement, and hereinafter referred to as "Property"; and . cr 1469 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; _ ~f)d. *- ~?-3 mcra Uaa __ La, Coda ~ _ : ___ ; on said Property, which development carries the proposed name of f (. &3.ge. Bardtn ) _ and is hereinafter referred to as "Development" ; and WHEREAS, Developer filed on the 26 __ day ofFebruary 19 81 , with the City a request for 23 Units Residential Detached _______ Qppd_Qmi;r\iu'Pia grid var \ar\r\e for- height nf r)^nnra+- J VP wal 1 ar-f-h 1 _ ways effecting wall entrance C~f g/ '3^ JC P - (o C/\)~ r (hereinafter re-f erred 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 concurren" with need "or such development shall not foe 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 Policy No. 17, dated August 29, 1979, 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 2. 1470' Developer and. Ovmer 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 propo.se 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 shall 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 not to exceed 2% 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 perm.it" and entitlement for use" as \ - ' • '3. 1471 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 any fees, dedications or improvements required according to Titles 18, 20 or 21 of the Carlsbad. Municipal Code. A credit toward such fee she'll be. given for land, which lias been dedicated for park 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, ' - • : -. ' „ 1472 ^ 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. 4c 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 ' he needs of the Development- herein described. 6. All obligations hereurider shall terminate in the event the Requests made by Developer and Owner are not approved. 7. Any notice frcrn 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, 5. • - - . • ' « 1473 . ."•" 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 Scime 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. • 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 it 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. - " 1474 acceptable to City. 9. This agreement shall be recorded but shall riot create a •lien or security interest on the property. When the obligations of this agreement have been satisfied, City shall record a release. IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above, OWNER: DEVELOPER: ATTEST:CITY OF CARLSB7\D, a municipal corporation of the State of California By_ A3JJTHA .L. .ty Clerk . KAREN R. STEVENS, Deputy City Manager PROVED >S TO FORM BIOND0, Daniel S. Hentscrike, Assistant IOHDO, O'R. , City Attorney (Notarial acknowledgement of execution by DEVELOPER and OWNER must be attached.) . , STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO )SS.1475 On August 10, 1981 before me/ the undersigned, a Notary Public in and for said County and State, personally appeared Thomas A. Cavanagh, known to me to be a partner of the partnership that executed the within Instrument, on behalf of the partnership therein named, and acknowledged to me that such partnership executed the within Instrument pursuant to its By-Laws or a Resolution of its Board of Directors. WITNESS my hand and official seal. L SEAL WARRWTON SAN DIEGO COUNTY comm. expires NOV 12, 1983 -•a501 §' •o& g if ','; W STATE OF CALIFORNIA COUNTY OF S_an_Plegp 0_ Fe^ruar2_JL9_g__* SS. before me,SAFECO the undersigned, a Notary Public in and for said County and State, personally appeared isto be the person, whose name- within instrument and acknowledged thaU , known to me subscribed to the JlJL—executed the Natalie Giusti FOR NOTARY SEAL OR STAMP OFFICIAL SEAL 4 NATALIE GfUSTINA S'UHHC i^iir,i;--,u offir.f. iM 5^ SAM OiE'SO COIl«TY- J My Commission Expiies March 29, 19*1 ^ 1476 • B'OOK.I33 ' RECORDED REOUEST OF EXHIBIT "A" LEGAL DESCRIPTION- - : - ' . .. fsFFHJlM.- RECORDS «/•'••' H'EQO COUiiTY-CA," Lot 3 of La Costa Village, in the City of Carlsbad, County, of -MO FEE San Diego4 State of California, according to Map thereof. No. . ' 6621, filed in the office of the County Recorder of San. Diego County, April 14, 1970. . • '•- . . • •