Loading...
HomeMy WebLinkAboutCT 83-20; MCMILLIN DEVELOPMENT INC/MULTITECH PROPERTIES; 88-159233; Public Facilities Fee Agreement/Release262 Recording Requested By and Return To: CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, CA 92008 r 88 159233 RELEASE OF AGREEMENT "~~ TO PAY PUBLIC FACILITIES FEES RF6.00 AR 2.00 MG1.00 PLEASE TAKE NOTICE that the Agreement For Payment Of Public Facilities Fees between the City of Carlsbad and McMillin Development, Inc. & Mill-hi-tech Properties required by an Application for CT 83-20/SDP 86-12 10/15/86 , as Document No. 86-465935 and recorded on is hereby released for the following reason: kx_| Fees Paid and Obligation Satisfied |~| Application Withdrawn |~~| Other DATED: 3-29-88 CITY OF CARLSBAD By V MARTIITORENYAK >> Community Development Director ATTEST: /{, l\ (Z^ ALETHA L. RAUTENKRANZ City Clerk APPROVED AS TO FORM: VINCENT F. BIONDO, JR. City/Attorney By y. /. 263 STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) On , before me the undersigned, a Notary Public in and for said State, personnally appeared Aletha L. April 1. 1988 Rautenkranz known to me to be the City Clerk of the City of Carlsbapd,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 the same. WITNESS my hand the the official seal. ****************************** * ^QS,. OFFICIAL SEAL * l£*li& KAREN R. KUNDTZ , NOTARY PUBUC-CALIfOftNIA % SAN DIEGO COUNTY * J -~~~- My Comm. Exp. Sept. 27. 1989 * ****************************** iotary -Pubiic .I""*- • RECORDING REQUESTED BY^ND ) WHEN RECORDED MAIL TO: ) ) CITY OF CARLSBAD ) 1200 Elm Avenue ) Carlsbad, California 92008 ) 86 ^ k 6 5 9 3 5 Hc CORDED INuFFiCiALRECnmjs Of SAMO'EGO CQUHt t.U. 1388 OCT 15 PH 2-37 VEr COUH -PAL.LVLE I N1YRECOROLR_J Space above tnis line for Recorder's use Documentary transfer tax-; $21.00- Signature of declarant determining tax-firm name City of Carlsbad Parcel No. /67~OfoQ-/0 , ) 3 (Name of Developer) a CALIFORNIA CORPORATION (Corporation, partnership, etc.) "Developer" whose address is 2?2? HOOVER AVENUE , hereinafter referred to as (Street) NATIONAL CITY, CA 92050 and (City, State, Zip Code] MULTITECH PROPERTIES, INC. ame of Legal Owner) CALIFORNIA CORPORATION (Corporation, etc.) "Owner" whose address is 5820 MIRAMAR ROAD, SUITE 200 , hereinafter referredrto as (Street) SAN DIEGO, CA 92121 AR MG / AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into tnis 29th day of SEPTEMBER » 19 86 by and between McMlLLlN DEVELOPMENT, INC (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 Elm Avenue, Carlsbad, California, 92008. REV 4-22-86 , . v. , >-/gj RECITALS WHEREAS, Owner is the owner of the real property described on Exhibit "A":, attached to 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 73 LOT SINGLE FAMILY DWELLING PROJECT on said Property, which development carries the proposed name of RISING GLEN (CARLSBAD TRACT NO. 83-20) and is hereinafter referred to as "Development"; and WHEREAS, Developer filed on the 29th day of SEPTEMBER , 1986 t With the City a request for SITE DEVELOPMENT PLAN 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, Owner and City recognize the correctness of Council pplicy No. 17, dated April 22, 1986, 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 -2- REV 4-22-86 0, -B8 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 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 2.5% 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 2.5% 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 -3- REV 4-22-86 shall pay the City a public facilities fee in the sum of $1,150 for each mobilenome 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 offers 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. -4- REV 4-22-86 90 5. City agrees to provide upon request reasonable assurances to enable Developer and Owner to comply witn 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 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 of 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 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 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 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. -5- REV 4-22-86 91 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 lien or security interest in 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 CounJ California as of the date first written above. OWNER: MULTITECH PROPERTIES, INC. DEVELOPER: McMILLIN DEV BY "'LLOfD V. HILL TITLE SENIOR VICE PRESIDENT (Signature (Name)STEVEN E.McGILT TITLE VICE PRESIDENT (Signature) ATTEST:CITY OF CARLSBAD, a municipal corporation of the State of Calv rk APPROVED AS APPROVED AS WNBffiMTPTB MARTIN ORENTAK ^\ For F. D. Aleshire,^ City Manager VINCENT F. BIONDO, JR., City Attorney (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) -6- REV 4-22-86 0,V,/' CO LJ- E §o •^ COra o I IO COO c CMCO CM OO'CO DIEGO nn SEPTEMBER 26, 1986 said State, personally appeared. STEVEN E. McGILL , before me, the undersigned, a Notary Public in and for LLOYD V. HILL and , personally known to me (df prove«ft5me"«5ffi5 STOS«Prels1arciS)F«*feS(^to be the persons who executed the within instrument as SENIOR VICE DEVELOPMENT. INC. .President ancL VICE PRES. 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. Signature .Secretary; on behalf of McM | LL IN OFFICIAL SEAL JOYCE A BENEFIEID NOTARY PUBLIC - CALIFORNIA S«! DIEGO COUNTY ', My ccmrn. expires MAR 31, 1989 ;> (This area for official notarial seal) 2? a il Eifo O LOO c CMs°CD '"CM STATE OF CALIFORNIA COUNTY OF, )ss. On said State, personally appeared. .., before me, the undersigned, a Notary Public in and for A-VW«L> and basis of satisfactory evidence) to be the persons who executed the within instrument as •— ' Secretary, on behalf of _, personally known to me (or proved to me on the .President ancL the corporation therein named, and acknowledged to me that jjj 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. Signature.. OFFICIAL SEAL HELEN T. COOKE NOTARY PUBLIC-CALIFORNIA PRINCIPAL OFFICE IN SAN DIEGO COUNTY My Commission Expires November 26, 1989IT My Commission expires iNovemoer /o, lytsy J» WVWVUVVUWSAPJVVV/VVVWT^^ (This area for official notarial seal) ^ 93 EXHIBIT "A" ** LEGAL DESCRIPTION LOTS 1 THROUGH 73 INCLUSIVE AND LOT 75 OF CARLSBAD TRACT 83-20, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 11578, RECORDED JULY 29, 1986, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY.