Loading...
HomeMy WebLinkAboutCT 86-3; GEORGE HILLEBRECHT INC/HARRY L SOMMERS INC; 88-475235; Public Facilities Fee Agreement/ReleaseRecording Requested By "and Return To: ,-CITY OF CARLSBAD • 1200 Elm Avenue Carlsbad, CA 92008 ( 1949 RF 6 MG1.00 88 4 f^** RECORDED fN~" L OFFICIAL RECORDS RELEASE OF AGREEMENT TO PAY PUBLIC FACILITIES FEES | i *»i ,<-, i_, i_, j_i_ Lj&f&'NTY RECORDER j PLEASE TAKE NOTICE that the Agreement For Payment Of Public Facilitfes 88S032i IH8M5 } VESA L, LYLE | ' COUNTY RECfis^fo I Fees between the City of Carlsbad and Harry L. Sommers, Inc. (86-6) George Hillebrecht, Inc. & required by an Application for CT-86-3/ZC-343/PUD-99 2/6/86 , as Document No. 86-049066 and recorded on is hereby released for the following reason:- | | Fees Paid and Obligation Satisfied IxjJ Application Withdrawn |~~| Other DATED: 8/26/88 CITY OF CARLSBAD By MART IN 0 REN YAK Community Development Director Al iEST: ALhTRA L. RAUTENKP.ANZ City Clerk APPROVED AS TO FORM: VINCENT F. BION r 1950 STATE OF CALIFORNIA ) ) ss . COUNTY OF SAN DIEGO ) On September 14, 1988 , before me the undersigned, a Notary Public in and for said State, personally appeared Aletha L. Rautenkranz , known to me to be the City Clerk 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 the same. WITNESS my hand the official seal. ft***************** ***********,, J XS3K OFFICIAL SEAL * * KAREN R- KUNDTZ * -* V&JmW NOTARY PUBLIC-CALIFORNIA JSAN D!EGO COUNTY * * -*•**'' My Comm, Exp. Sept. 27, 1989 0 1410 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, California 92008 y'.'VERA L. LY! E•• "" Space above this line fd-r—Rec'ord er'''"siue Documentary transfer tax: $ No fee Jtfa^/ Signature of declarant determining tax-firm name City of Carlsbad QL_Jin 'tf IkB— j— — — Parcel No. -2Y /- AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this // day of ^TfojUfr/l^f , 19 by and between HARRY L. SUMMERS, INC. Corporation (Corporation, partnership, etc.) "Developer" whose address is 9404 Genesee Avenue, Suite 140 (Name of Developer) , hereinafter refLgj?-r5"a to"1!F (Street) San Diego, CA 92037 and (City, St at e, Zip Code) George A. Hillebrecht , inc. _ an Corporation (Name o f Legal Owne r) hereinafter referred to as CCorporat ion, etc. ) "Owner" whose address is 2170 Skyline Drive (Street) Escondido, CA 92027 (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, 92003. 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 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: 376 Unit Planned Development on said Property, which development carries the proposed name of Hillebrecht Property and is hereinafter referred to as "Development"; and WHEREAS, Developer filed on the 14th day of January 19 86 t with the City a request for Zone Change, Planned Development and tentative map 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 Policy No. 17 dated April 2, 1982, 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 4-2-82 LEGAL DESCRIPTION ORDER NO. 904357-20^ '" 1412 The land referred to herein is situated in the State of California, County of San Diego, and is described as follows: PARCEL 1: South Half of a parcel of land described as follows: The South Half of the Southeast Quarter and the South Sixty acres of the North Half of the Southeast Quarter of Section Twenty-one, Township Twelve South, Range Four West, San Bernardino Base and Meridian, in the County of San Diego, State of California, according to United States Government Survey approved October 25, 1875, EXCEPTING that portion described as follows: Beginning at a point 40 rods West of the Southeast corner of said Section Twenty-one, Township Twelve South, Range Four West, running thence East 40 rods to the Southeast corner thereof; thence North 20 rods to a point; thence West parallel with the South line of said Section, 18 rods to a point; thence in a direct Southwest line 29 rods to Point of Beginning. PARCEL 2: That portion of Section 21, Township 12 South, Range 4 West, San Bernardino Base and Meridian, in the County of San Diego, State of California, according to United States Government Survey approved October 25, 1875, included within the following described parcel of land: Beginning at a point 40 rods West of the Southeast Corner of Section 21, Township 12 South, Range 4 West, San Bernardino Base and Meridian, and running thence East 40 rods to said corner; thence North 20 rods; thence West 18 rods; thence in a direct Southwest line 29 rods to the Point of Beginning. 7/19/85 . jk/ce/taf ,.»«"%, _w c 1 4 1 3 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 th-e 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 27, 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 27, 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 -3- REV 4-2-82 c 1414 projects, shall not refer to grading permits or other permits for the construction of underground or s'treet 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 mobilehome 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- - C 1415 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 des cr ibed . 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. -5- REV 4-2-82 14 ID 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 acceptable to City. 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 satisfied, City shall record a release. III -6- —„ A-7-82 1417 IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. OWNER: TITLE ATTEST: ALETHA L. RAUTENKRANZ City Clerk APP VINCENT FT BIONDO, JR., City Attorney CITY OF CARLSBAD, a municipal corporation of the State of California BY City Manager OFFICIAL SEAL SHatEY CASTIUO NOTARY PUBLIC - CALIFORNIA SAN DIEGO COUNTY My comm. expires APR 7, 1989 STATE OF CALIFORNIA COUNTY OF SAN DIEGO OFFICIAL "SEALRICKI GEM CLAVIER NOTARY PUBLIC - CALIFORNIA SAfl DIEGO COUNTY My comm. expires SEP 26, 1986 j- ACKNOWLEDGMENT-General-WoteoMs Form 233CA-Rev 5-82 ©1982 WOLCOTTS, INC. On this 14th day of January ,n the year 19 86 before me, the undersigned, a Notary Public in and for said State, personally appeared Ben Hiliebrecht • —., personally known to me (or proved to me on the basis of satisfactory evidence) to be the person_ whose name_ subscribed to the within instrument, and acknowledged to me that _he_ executed it. WITNESS my hand and official seal. -7-Notary Public in and for said State.