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HomeMy WebLinkAboutCT 80-28; Pullman Enterprises Inc; 82-223144; Public Facilities Fee Agreement/Releaseu45 1, , -. RECOH'DIN'G RECUESTED BY AND ) 4- 82-223144 WHEN RECORDED MAIL TO: i . F=,y:c;:.{s$ '[q "*--. --I ,I)FFjCit.!- fg?& :::f$q $ CITY OF CARLSBAD ; I OF S[,#:fji&'j i;!:!-:'l:l~~.!::A,:i J 1200 Elm Avenue Carlsbad, California 92008 ) ii;:2 JUL 2 I PiI 12: 50 . Space.above this lin NO FEE Documentary transfer Tax: $ No‘fee /n///L &&7&J 1 Signature 'of declaramit determining tax-firm -name City.of Carlsbad Parcel No. 2% -a?0 - 27 q&p AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 19 day of April , 19 82 by and between Pullman Enterprises, Inc. (name of developer-owner) . a Corporation , hereinafter referred to as (Corporation, partnership, etc.) "Developer" whose address is c/o Roger D. Anderson. Vice President (street)' . P.O. Box 1676, Sun Valley, Idaho 83353 (City, state, zip code) . . and THE CITY OF CARLSBAD, a municipal corporation of the State of California, h ereinafter referred to as "City", whose address is 1200 . Carlsbad, California, 92008. W 1.T N E S S E T H: WHEREAS, Developer is the owner of the.real property described oh Exhibit "A:, attached hereto and made a part of this agreement, hereinafter referred to as "Property"; and WHEREAS, The Property lies within the b.oundaries of City; and . WHEREAS, Developer proposes a development project as follows: The construction of a 17-unit condominium REV 4-2-82 ' ” . . _.“.... ” - . .i - I 1, . -. (I 1346 - on said Property, which development carries the .proposed name of Svcamore Ridge and is hereafter referred to as "Development"; and WHEREAS, Developer filed on the 23 day of March , 1982 , with the City a request for An extension of time to complete and . record a final map for,C.T. 80-28, and to satisfy the conditions of CP-110, CJ- gKx?/r Pm / 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 w.ill 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 recognise the correctness of Council Policy No. 17, dated April 2, 1982, in 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 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 is aware that the City cannot and will not be able to make any such finding without financial assistance to pay'for such 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. . *- .' . . . -2- . REV 4-2-82 . 1347 ‘-. 4 , .*'NOW, TaHEREFORE, .n consideration of the re.,tals and the covenants contained herein, the parties agree as follows: 1. The Developer shall pay to the City. a public facilities fee in an amount not to exceed 2% 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 r.equired pursuant to Titles 18, 20 or 21 of the Carlsbad Municipal Code. Developer . shall pay a fee for.conversion o f existing building 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 p.ermit 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 oc.cupancy for which the development is intended. Developer shall pay to-City a public facilities fee in 'the sum of $1,150 for each mobilehome space to be constructed pursuant to the Reques.t. 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, dedic.ations or improvements required according to Titles 18, 20 or 21 of the darlsbad Municipal Code. -3- . . REV 4-2-82 . . . . l .“. , I.348 - 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. 3. This agreement and the fe.e 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 byithis 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. 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. -4- ‘. -. 1349 - * c’ 6. 'All *obligatio..;; hereunder shall terminatL 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 authorised 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 prepaih and certified. 8. This: agreement shall b;.bi;Zi;., upon and shall inure tc the benefit of, and shall apply to, the respect.ive successors and assigns of Developer and the City, and references to Developer 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. 9. This agreement shall be recorded but shall not create a lien or security interest in the Pr0pert.y. . When the obligations of this agreement have been satisf lease. ied, City'shall record a re -5- REV 4-2-82 . _.-.” ..I_. *. _ . ..-...._._ - -.-----. ..--.. ..--_ _.. _ . 1. .A-.‘. * . 1350 IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. . DEVELOPER-OWNER: CITY OF CARLShAD, a municipal corporation of the State of California -7 c CJ L L&74&n/ -=e&e=z/~-~.%‘c * (name) _. BY City Manager (Title) (Title) ATTEST:' a l?kiBL A.Q, ALETHA L. RAUTENKRANZ, City Cle . APPROVED AS TO - . VINCENT F. BIONDO, JR., City Attorney (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) -6- REV 4-2-22 . c. _. ,’ r “+ , r . _- 1351 EXHIBIT "A" LEGAL DESCRIPTION- LOTS 383 AND 384 OF MAP NO. 6600, LA COSTA SOUTH, UNIT NO. 5, CITY OF CARLSBAD, SAN DIEGO COUNTY, STATE OF CALIFORNIA. . .