HomeMy WebLinkAboutCT 93-04; Continental Ranch Inc; 1997-0087390; Public Facilities Fee Agreement/Release. * c # 19974087390 2i’-FEE-1997 12~10 Pll
OFFICIAL RECORDS SAN DIEGD COUNTY RECORDER’S OFFICE
RECORDING REQUESTED BY AND )
WItEN RECORDED MAIL TO: >
> City Clerk > CITY OF CARLSBAD 1 1200 Carlsbad Village Drive > Carlsbad, California 9200% 1989 >
Space above this line for Recorder’s use
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
FOR INSIDE THE BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 1
Parcel No. 222-010>2,222-01 l-Cl;, 222-e-O<;2708:
221-010-18.215-031-04, and 215-030-09 V L- -
THIS AGREEMENT is entered into this 22 day of November 2 19X>
by and between (name of developer-owner) Continental Ranch
a (corporation, partnership, etc.) . corDoratlon , hereinafter referred to as “Developer”
whose address is (street, city, state, zip code) 12636 High Bluff Dr., Ste. 300, San Diego
California 92130 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, Carlsbad, California, 9200% 1989.
WITNESSETH:
WHEREAS, Developer 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
. . .
. . .
Form Approved By City Council July 2, 1991
Resolution No. 91-194/KJH
1 Form 17A
Per Jane Mobaldi, Rev. 0111 l/96
WHEREAS, Develo-. proposed a development project a.c-‘lows: A Tentative m
Map Amendment to CT 93-04
on said Property, which development carries the proposed name of vi 1 1 ages L I Mt N ' Q ' R ' &T
of the Ranch0 Carrillo Master Plan
and is hereafter referred to as ‘Development”; and
WHEREAS, Developer filed on the 27 day of November
with the City a request for A Tentative Map Amendment
, IQ.%
‘Request’; and
hereinafter referred to as
WHEREAS, the Public Facilities Element of the Cii General Plan requires that the Cii
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 2, 1991, 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 has asked the Cii 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 s&h services and facilities; and therefore, Developer proposes 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:
~lzzz July 2.1001 Rae i oi-1wKll-l
Form 17A
IW 2/27/95
C
1. The Developer shall pay to the City a public facilities fee in an amount not to
exceed 1.82% of the building permit valuation of the building or stnrctures 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 shall pay a fee for conversion
of existing building or structures into condominiums in an amount not to exceed 1.82% 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 shall pay the City a public facilities fee in the sum of $598
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 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 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.
Fm4T-d Fam l?A
~CityCcundlJuly2 1001 rev 3/271’Q5
Rae # Ol-lM/iuH 3
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 suffiiient 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 services sufficient to accommodate the needs of the Development herein described.
8. All obligations hereunder shall terminate in the event the Request made by
Developer is 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 many have been designated, postage prepaid and certified.
F-4JP-d Fom 17A
& city Ccund July 2 lQO1 NV 3/27/95
Raw # 91.1944KJn 4
-. -
8. This agreement shall be binding upon and shall inure to the benefii of, and shall
apply to, the respective successors and assigns of Developer and City, and references to
Developer or City herein shall be deemed to be a 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 to Developer’s interest in the property shall
have first assumed in wriiing the Developer’s obligations hereunder.
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.
. * .
F-Apprrmd By C&y Camil July 2. lo01
Rma x Ol-1WKJH 5
IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the
date first written above.
DEVELOPER-OWNER:
Continental Ranch, Inc
(Name of Developer)
By:
(signature)
David A. Lother
(print name)
Vice-President
(title)
By:
(signature)
(print name)
CITY OF CARLSBAD, a municipal corporation
of the State of_Califomia
ATTEST:
ALETHA L. RAW!ENI(RANZ, City Clerk
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
(title)
(Notarial acknowledgment of execution of DEVELOPER and OWNER must be attached).
(President or vice president AND Secretary or assistant secretary must sign for corporations. If
only one officer signs, the corporation must attach a resolution certified by the secretary or
assistant secretary under corporate seal empowering that officer to bind the corporation)
Form Approved By City Council July 2, 1991
Resolution No. 9 1 - 194KIH
6 Form 17A
Per Jane Mobaldi, Rev. 01/l l/96
. -
ALIFORNIA ALL-PURPOLL ACKNOWLEDGMENT
State of
County of
On 6, /9’?7 before me, ,
personally appeared ;bLA. A& 9
Name(s) of Signer(s)
wpersonally known to me
to be the personH whose name@!@& subscribed to the
within instrument and acknowledged to me that @#e/py
executed the same in@h#/twr authorized capacity@&),
and that by @hef/thflr signature!& on the instrument the
person,&, or the entity upon behalf of which the person@
acted, executed the instrument.
WITNESS my hand and official seal.
.P
/ - nature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this fom, to another document.
Document Date:
Capacity(ies) Claimed by
Signer’s Name:
Cl Individual
Cl Corporate Officer
Title(s):
Cl Partner - q Limited 0 G&ral
0 Attorney-in-Fact
0 Trustee
Sig r Is Representing:
/
Top of thumb here
Signer’s Name:
( q Pa&& Cl Limited q General
0 Guardian or
Signer Is Representing:
0 1996 National Notaly Association l 6236 Remmet Ave., P.O. Box 71&t. Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free l-800-876-6827
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LEGAL DESCRlPTlON 125
Portion of Section 24, Township 12 south, Range 4 west, and a
portion of Sections 18 and 19, Township 12 south, Range 3 west
San Bernardino Meridian, City of Carlsbad, County of San Diego
State of California. A.P.H. 222-010-02, 222-011-06, 222-012-01,
222-012-02, 221-012-08, 221-010-18, 215-031-04 and 215-030-09.
-Append ~cItyCarndJuly21981
Rae * 01.104/KJH 7