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Home My WebLink AboutCT 82-01; La Costa Land Company/Daon Corporation; 82-010697; Public Facilities Fee Agreement/ReleaseAft,er recording return to; t -* ~qqm~o 8J.y : L . ,I ! I City of Grlstiad ' l.@~,Elm Ave. 1344 * *- Carlsbad, CA 92008 AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 7 day of December 19 81, by and between atw T,;lnd . C wv/Daon Cornoration (name of developer-ovmer) I a Corporation ,hereinafter referred to as -(Corporation, partnership, etc.) "Developer", whose address is 4041 MacArthur Blvd. I (street) Newport Beach, CA 92660 , and THE CITY OF (City, state, zip code) CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City", whose address is 1200 Elm Avenue, Carlsbad, California, 92008. WITNESSETH: WHEREAS, Developer is the owner of the real property described on Exhibit "A“, attached hereto and made a hereinafter referred to as "Property"; and WHEREAS, the Property lies within the part of this agreement, boundaries of City; an d WHEREAS, Developer proposes a development project as fOllOWS: r---w Tentative Tract Map consisting of 24 Single-family dwellinq Units. -85010697 ~~p?lin.~~ jr{ ~f~&~~j’;,+jf~j. ililiTr“j ’ ; 1 ,; ._ ,, ~. [. v-5. ;,;:: p;,j / !#’ fjj ,] ?, /p- iJ&H ‘.. * I ” 1 I ‘: .’ . . ,, 1 i Ah’rr:a7 r ,.‘, f -:: ;‘- t. ,p!-~ t” ~/. I. . - ’ I’ ’ _ ~%!Iv.; -iNmE CT-Ba-/ 4MAR 80 .i ’ \ 1= 1345 * ‘) , on said Property, which development carries the proposed name of Alicante View and is hereafter referred to as "Development"; and e WHEREAS, Developer filed on the 7 day of December I . 19 81 , with the City a request for Tentative Tractn,-nv-\J . '(hereinafter referred to as YReq'Uest"; 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 anh is incorporated s . by this reference; and GJHEREAS, Developer and City recognize the correctness of . Council Policy No. 17, dated August 29, 1979, on file with the City Clerk apd! i 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 th c 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 2. . . . . '- . ; * ” L I -- . i316 .‘] A . . . . , 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 / . 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 Municipal Code. . Developer shall pay a fee for conversion 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, exceptin 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 necessdry prior to the use or occupancy for which . 3. . . * . . . . . a ‘, . . 3347 -- . 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 or improvements required according Carlsbad Municipal Code. A credit addition to any fees, dedications to Titles 18, 20 or 21 of the 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. . L 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:. : I 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 by City prior to the issuance of any building Such determination, when made, shall become a shall be determined or other permits. 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 will not be consistent with the General Plan and any approval or permit for the Development shall 4. .' . . . . . . - . . . _- ‘. *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 agreeme,nt in a public facilities facilities when the City Council F the fees paid pursuant to this . fund for the'financing of public determines the need exists to provide -the facilities and sufficient funds from the payment of e * 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 agencies as evidence of adequate public facilities and sufficient to accommodate the needs of the Development herein described. . . 6; All obligations hereunder shall terminate in the Requests made by Developer are not approved. the event . T 7. Any notice from one party to the other shall be in other public . services writing', and shall be dated and signed notick or by a duly authorized representative of such party. Any by the party giving such . such notice shall nolt 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 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. 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 and the City, and references to Developer or City herein shall be deemed to be reference to and include their . respective successor% and assigns without specific mention of such successors and assigns. If Developer should cease to have any. * interest in the Property, all obligations of Deve.lop&r 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. . - 4. * 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. . . J// ,.,. I// . ///: . 'I// . Yi/ ;// . . . . . /// - . . _ /// . , - 6, . . . . . -.** . I l 1 . ‘,. , . . . - * 4 . . . . * 8 _ - .’ 1350 - - IN'WITNESS WHEPZOF, this agreement is-executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: DAON CORPORATION ** LT. (Name) Michael K. R arf Vice President, Land . Bv Sr. Vice President, Land ATTEST: CITY OF CARLSBAD, a municipal corporation of the State of California . City Manager City Attorney . . (Notarial acknowledgement Of execution by DEVELOPEK-OWNER must be attached.) . . STATE OF CALIFORNIA C$“NTY OF- Orange > SS. c 7r E c On Januarv 4. 1982 before me, the undersigned, a Notary Public in and for al E said State, personally appeared W.A. Coltdn 111 I- s known to me to be the Sr. V.P. a&&-&&and Michael K. Ryan .!' known to me to be the V.P. z gmxof the corporation that executed the within instrument, 2 and known to me to be the persons who executed the within F ii instrument on behalf of the corporation therein named, and ac- -2 knowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. 4 Signa& &J&t&L a.Bm Marcia A. Brown Name (Typed or Printed) (This area for official notarial seal) , I bb ’ c . *..r i352 EXHIBIT "A" LEGAL DESCRIPTION Parcel 3 of Parcel Map No. 11722 as filed in the Office of the County Recorder of San Diego County on October 9, 1981. . . . . 6