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HomeMy WebLinkAboutCT 80-04; Hamsayeh, G.M.; 81-360118; Public Facilities Fee Agreement/Release. . ~ I ._ . . . . _ . , . . . L. . - l - ,. ’ ’ ..‘r . __A . l’*’ ‘ 7 . *Return +iS !, ;j- 86’1 - , - 1, rn~Jd<d, 6 0 1 i 8 “&T+&#?.dD . ‘- _ lz& Au-7 &A? Ac;REI34EN!r I3ETk?EE?I D1.XEI,OP%X-OKZXR %49&f AND TiIIE CITY OF CAl'ILSI3AD FOR THE ~~~3:~lENrJ! oI> A I?UX,:fC F~~IL1’7’1~S FI:l: s_C_-.-_l_m-__I-- ., WITS AGREEl~iENT is cntcred into this 1 day of April 'f . . . 19 80 , 'by and be'iw.lcen G. M.' HAbAYEH -- -- ' . ------ (name 0 E de& loper-owner) f .* a ,hercinaftex referred to as. * (Corporation, par-tncrsh&, etc.) "Developzr", whose address is 2245 La Amatista iioad f (street) De1 Mar, California 92014' , and THE CST.Y OF - . (city, state, zip code) CARLSIXD, a municipal corporation of the‘?tate of California, . * 'lkreinafter referred to as '.'City", whose .address is 1200 Elm Avenue, Carlshad, California, 32008. . . . : r . . . ,' WXTNES SETH: WEREAS, Developer is the owner of the real property described on E;;hibit "A" r attached .hereto and made a part of this agreement, hereinafter referred to as "Property"; and WIIEIWJS , the Property lies within t6e boundaries of City; and, .* . . WIII~REAS, Dcvclopcr pr-oposcs a dcvclopincnt project as follows: * .' . An.eight-unit residential condomIni& project ‘. * . . . . . . , . . . . . u . . . t . - 1 ’ ,.. 1 1 II . f ) . 86’2.. ) - . : ’ , . * on said Property, which development carries. the proposed name . Of none " and is hereafter referred to as "Development"; and " WIIEJ?~A s f Dcvelopcr filed on the - 1 day of * ;,:. 19' 80 p with the City a request for : : A tentative map (trait> , . and eight unit residential condominium permit -*cc7-)2 -yI/cp5;1- ’ (h.er&inafter 'referred to as "Request"; and / WHEREAS, the Public Pacilities Element of the City General Plan requires that the City Council find that all public .’ _, - ,facilities necessary to serve a'developmcnt 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 . c WHEREAS, Developer and City recognizk the correctness of *Council Policy No. 17, attached to and made a part of this . agreement, 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 . WIIEREAS, Developer has asked the City to find that public . f&.litics and services will be a;ailnblc to’mcet the future c needs of the Development as it is presently proposed; but the Dcvclopcr is . aware that thc~ City cannot and will not be able to mnkc any such finding without financial assistance to pay for * . such 'scrviccs and Encilitic!~; and, thc~rcf,orc, Dcvclopcr proposes s 3 r. *’ ’ * , * I . I, - ,. .-1 . s . I . 7 l 8 6’3 I Co help satisfy the General Plan as impl.cmcnted by Council. RoILicy No.. '17 by payment of a public fncilitios fee. . NOW, T11lQ'?WORE, in consideration of the recitals and the ‘covenants contained herein, the parties agree as follows: * 1. The Developer shall pay to the C>.ty 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 develop- .ment 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 Plunicipal Code, . DeveJ.oper shall pay i fee for conversion of existing buildings or ~struktures 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 I~lunicipal Code. Condominium shall include communi.ty - _ ap?rtment or stock cooperative. The terms "other construe-tion . perJllits" , . "otller cDnstruction permit" and "entitIl.cment for use'! as used in this agrccmcnt, cxccpt.in rcfcrencc to mobilcl~on~c sites or projects, shall not refer $0 grading permits or other permits for the construcLion of underground or street improvcincnts unless no other pcnnit is nccc:;:;nry prior to the use or ,occupancy for whi.ch 2-Ld?f, ._ . . . . *’ . ‘, * ’ . -4 ’ 8.64 . - ’ the dcvelopmcnt is intended. Developer shall pay to City a public facilities fee in the sum of $1,150 for each mobil.cl~on~c space to be, constructed pursuant to the Request. The fee shall be paid prior - to the issuance of building or other construction permits fo'r the o development. This fee shall be in tiddition to any fees, dedications or improvements required according to Titles 18, 20 or 21 of the . Carl&ad Municipal Code. A credit toward,such fee shall be given for ;and which has been dedicated for park purposes or for any fees baid.in lieu thereof pursuant to Chapter 20.44 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 agree- ment. Sites donated under this' paragraph .shall not include improvements l . required pursuant to Titles 18 or 20 of the Carlsbad IWnicipal I. - Code. . . * 1 3. This agreement and the fee paid 'pursuant hereto are _ required to ensurc'the consistency of the Development with the City's Gcncrnl Pl.an. If the fee is not paid as provided herein, . the City will not have the Funds to provide public facilities and services, nnd tllc Dcvclopmcnt will not bc consistent with the * . Gcncrit Plan and any approval. or permit for the Development shall . . ’ .’ I u’ . **. I 7 865 . * -- . . . be void. No building or other construction permit or entitlement for use shall be issued until the public facilities 'fee requircd.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 publ.ic I * 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 services sufficient to accommodate the needs of the' Development herein described. 6. All obligations hereunder shall 'crminate 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 signcd.by the party giving such n'otice or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose wha-tsoever unless served in one of the following manners: 7.1 If notice is given to the City. by personal delivery thereof to the Citl;or by depositing sarnc. in. the United States Mail, addressed to the City at the address set forth herein, enclosed in a scaled cnvcJ.oJic, addrcsscd to the City for attention of the City J4anagcr, post-.agc prepaid and ccrtificd. ( 7.2 If notice is given to DcveI.ol~~r by personal clcl.ivory \ . thcrcof to Dcvclopcr or by depositing the same in the United States ?’ l.,P,,? 5. . * _ . . I. . . . ’ . - . . * *,.:, “. . . . .a . . . Mail, enclosed in a sealed cnvclope, addressed to Developer at the' 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 succ'essors and . assigns of Developer and, the City, and references to Developer ,' . or City herein shall be deem& to be reference to and include their . respective succea&J cpors 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, ,9.. This agreement shall'be recorded but shall not create 1 : a lien or security interest on the Property. When the obligations 'of this agreement have been satisfied, /// '. . . * ,i// . . . /II . /// - : Ill . * . /I/ . . . . /// . . /I/ . * - . - //I . . *. . 6,: l I . . City shall record a release. . . : l * , . . . _ * * , . (‘. . - . . . . 7 8 6.1 3Ch WITNIZSS WIIERI~OF, , this ayl:ecrnent is executed in San Diego . : Couiity; California as 'of tile date first written above. . ‘. * . . DEVELOPER-01,WTR: CITY OF.CARLSBAD, a munici&l . cdrpo~ra.tion of the State of California BY . - . . , (Title) . . * .,. . . . . ATTEST: . . _ . : . . * . . : : . . . . ALETIJA J, . City Clerd . . ./A-?‘..: *“. APPROVED AS TO FORM: City Attorney . . . . *. * .* : . . . c . ;Notarial acknowlcdqcmcnt of exkcution by DEVl<LOPER-OIQNER must tip attached. ) _'* . . . . . . . . , 7. . * TO ,944 CA (8.74) (Individual) STATE OF CALIFORNIA COUNTY OF $fiti 3reGO On ACRlL 3, 14 %U State, person;lly appeared . n- HnnJnYr/f i S(Z!I TITLE INSURANCE AND TRUST SS. ATKOR COMPANY before me, the undersigned, a Notary Public in and for said , L : !Y . , known to md ? to be the person - whose name u subscribed ii to the within instrument and acknowledged that A executed the same. WITNESS my hand and official seal. Signature 4-ci-L- k$J?t3% i-tow ~ELINWALA 5 -. OFFICIAL SEAL 2 E I $ a NOTARY PUBLIC CALIFORNIA PRINCIPAL OFFICE IN SAN DIEGO COUNTY s MyCommission Expires May 3. 1982 EiyyMIIIILII,I,,III”,“,,,,,““,,,”l,,,,,,,,”~,,,~,,,~~,~~~ (This area for official notarial seal) . . ., . - ‘I 869 - EXHIBIT " A " LEGAL DESCRIPTION . L&t 411 of La Costa Meadows Unit No.-2, In the City of Carlsbad, County of San Dlego, State of California, a&cording to Map thereof No. 6905, filed in the Office of the County Recorder of San Diego, April 21, 1971. .