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HomeMy WebLinkAboutCT 81-5; Centella Apartments; 81-186052; Public Facilities Fee Agreement/Release- . 3: . .- ‘. . .- .’ ‘0 i k. , ,~~,f?&&~+-ding return to: ^ .- .~iiy‘d: cirl shad 1200 Elm Ave. Girlsbad, CA 92008‘ . . . . . . 4 . . . . . . 2167 . L . :. . AGREEMENT BETWEEN DEV~LOPER4KNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE . : THIS AGREEMENT is entered into this 26th day & MAY ; - , . 19 -81 , by and between . CENTEI&A APARTMENTS . . . . # = (name of.developer-owner) a PARTNERSEIP . * ,hereinafter referred to as (CorbZXion , partnership, etc.) "Developer", whose aQdress is rn nca-i ?d&&J&-ii %treet) I . . Carlsbad, CA 92008 (City, state, zip code) I and THE CITY CMU,SBAD, a municipal corporation of the State of California, hereinafter referred to-'as "City", whose address is 1200 Elm Avenue, Carlsbad,. California, 92008. . . . . . . l . . - C. . . W I !i'N E S S E'T H: . . . . . 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 City3 * . . WHEREAS, Developer proposes a development project as follows: . I . . . > . . . @Vm USf= desLgnnt;Lan frmrcl&l to RP.~J&J& ial. . . . . &&%f (4.- G 64 - -/ ” . * i . - I . . . - . f I . l < . . : .* , ,; s 2165 - ! 1 ,, -& .*. . * -. I ‘. ~ ' on said Property, which development carries the proposed name of Centella General PI-n+ . and is hereafter referred to as "Development"; and . WHEREAS, Developer filed on the 1itkdaY Of October . . ; 19 80 , with the City a -request for General Plan-Amendment - (hereinafter referred to as "kequest": 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 m . . . WHEREAS, Developer and City-recognize the correctness of Council Policy No. 17, dated August 29, 1979, on file with the City Clerk and incorporated by this reference; and that the City? pub1 ic 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 WH&EAS, Developer has asked.the City to find that public .m 0. facilities and services will be available to meet the future needs of the Development as it is presently proposed; but the I Developer is aware that the City cannot and will not be dble to , make any such finding without financial assistance to pay for , such services and facilities; and, -therefore, Devel.oper proposes . . . . 2 . . . . . :* *,‘\ a 1 ’ .’ . . . . 2163 1 . 1 aI, ’ ..’ 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. shall pay to the City 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 a pursuant to the Request. The fee shal'l 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 o'f 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 Municipal Code. .Developer shal: pay a fee for conveysion of existing buildings ,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 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, cxceptin 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 - . 0 . other permit is necessary pri.&r to the use or occupancy for which . -3. : . 2170 . 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 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 s or improvements required according 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 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 offersto 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 required pursuant to Titles 18 or 20 of the Carlsbad Municipal . - Code. * . . 3.. This'agreement and the fee paid required to ensure the consistency of the . . . pursuant hereto are 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 yill not be consistent with the . General Plan and any approval or permit for the Development shall . 4. - . ‘# .* 1;. ‘. .* *- -. , ‘, * . i - 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 . faoilities 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 terminate in the event . s the Requests made by Developer are not approved. I . 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 representati've 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 by. personal delivery . thereof to the City or by depositing same in the United States Mail, addressed to the City at the address set forth-herejn, enclosed in a sealed envelope, addressed to the City for attention of the City Manager, postage-prepaid and certified. ' 7.2 If notice is gcven to Developer by personal delivery thereof to Developer or by depositing the same in the United States 5. * . . -. ’ : ‘* ,;. - .:. ,. * -. +* , - t. am I . . . ., - .‘. . . 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 inure to the benefit of, and shal-1 apply to, the respective 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 on the Property. When the obligations _ . of this agreement have been-satisfied, .. City shall record a release. /// . I// . . //f . . I// I// . . I// /;I/ I// - /// . ‘/i// . - I . i . '6, ’ . * a . . . - I,*-- . . ;A ‘* . b * . rr’* . L . . . I . - - , I . l iN WITNESS WHEPSrOF, this agreement is,executed in San Diego l Cbunty, California as of the date first written above. . . . DEVELOPER-OkER: . #&-, -. -- G-1 CENTELLA APARTMENTS * i(N-) ^ Allard Roen . General Pw+npy '(Title) . . CITY OF CARLSBAD, a municipal ccqkration of the State of California . - . 1 ATTEST’: . VJNCENT P. BIONDO, JR..,. City Attorney . . -. . . . m . . . . . . . . . . . *(Notarial acknowledgemen& 02 exe&on by DEVELOPER-OWPJER husk . be +ttaehcd.) . : . . . . . . . . . ‘:7. * . * . . . . . TO 442 c (Partnership) 0 TI STATE OF CALIFORNIA San Diego COUNTY OF. On May 26, 1981 > ss. before me, the undersigned, a Notary Public in and for said State, personally appeared Roston and Allard Roen Irving to be two of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. known to me SALLY A KUMMELEHNE NOTARY PUBLIC - CALIFORNIA SAN DIEGO COUNTY comm. expires APR 1, 1983 (This arm for omcial notarial seal) - -. ‘>. _’ ;” _1 ,a :, : *‘**“ .- \ 7 2m . EXHIBIT ” A ” LEGAL DESCRIPTION Lot 249 of Map No.7457 on file in the Office of the County Recorder of. San Diego County, State of California. 81486w3 FIL~/PAG~ ~40. . .: I. P ~~~~~~~~~~ GFf;;i!,l REGORDS SAN DISCO COUHTY, CA VERA L. LYLE I . - _I . REWRDER a. . - . NO FEE . . e . . . .