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HomeMy WebLinkAboutCT 82-03; Jerez Company; 82-028207; Public Facilities Fee Agreement/ReleaseS2-028ZC - ^ .tr 1365 After recnidihg return to: ci & o$g$;;-d* 13 y . 1200 Elm five. Carlsbad, CA 92008 i- Cr:r,c;.y;y -; -7 ::y-, -. C’ Si.!. _ ‘If :. ’ i , i 7.::;. , 12 FEB - I 7;: 12: I It ‘!'-'.f' - i c:;;',: 1 . ,;;i ! AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR'TAE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 6 7)d day of 7/+-w i jlk>i/ , * 1L.C 19S'.,L, by and between L ' 3 6 / a-C‘)'li‘Z C'C/)I /',+?L "/ (name of developer-owner) I a 1lw hw2, I-4 I I3 ,hereinafter referred to as (Corporation, partnership, etc.) "Developer", whose address is tq?, 6 . 0 * x q <I c L I (street) 1 b 1-J \ J-T-1 L'77 (-,-I lLic Lc ,' (City, state, zip code) , and THE CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as !'City", whose address is 1200 Elm Avenue, Carl&ad, California, 92008. W'I T 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 City; and WHEREAS, Developer proposes a development project as follows: c- L'rl#ilr & al?;, 4l j."i i e rY1 G-7 7, 5-c ( &Y,c c.' L ccLr-i, l C dCfhifZy:/m e b.1 4 C) u ‘# $- +MARBO -. - _I__ I : --. - ‘C,.’ ) -, .i ., . . : < I. ’ / .- . 1 :* \ - ’ , *’ b .4 L ..a-. ___.- _.-... __l_ ._- -I_- _ I .*-I f,‘- 1366 on said Property, which development carries the proposed name of F/&r ba~rn)h+b - and is hereafter referred to as "Development": and WHEREAS, Developer filed on the 77-j-4 day of bi-aP&/W~ , . . . 1 19 q&, with the City a request for 7'&zz$wc, L:- &a&q, / (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 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 recogniie the correctness of Council Policy No. 17, ddted August 29, 1979, 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 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 e 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. -._ -.. _-_.- ____.. -... __. _ ‘*. ’ 1 . .L ’ ,. ’ ‘. 1 ’ . ‘. . -.<- . . x / . _., :;- 1367 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 I' . 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 structures into building permit pay a fee for conversion of existing buildings or condominiums in an amount not to exceed 2% of the 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 n,ot 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 . . 3. ‘. ’ I - * 1’ :. - . . -__ -. ‘,- . . : . ?.,t. 1368 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 or improvements required according to Titles 18, 20 or 21 of the Carlsbad Municipal Code. A credit toward such fee shall be given fdr 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 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 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 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 4. . .- ._ ._ I-_-. --i.-eq. ,- ,..._L_ --. _.-____.-- --. ._ _...^ “ ’ , . -7 * . . ’ . / *; * ., 8 ’ . . o,t 1369 be void. No building or other construction permit or entitlement for use shall be issued until the public facilities-fee required by this agreement 4. City agreement in a is paid. agrees to deposit the fees paid pursuant to this public facilities fund for the financing of public facilities when the City Council determines provide the facilities and sufficient funds this and similar public facilities fees are the need exists to from the payment of 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. 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 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 by personal delivery . ^ thereof to the City'& by depositing same in the United States Mail, addressed to the City at. the address set forth enclosed in a sealed envelope, addressed to the City of the City Manager, postage prepaid and certified. herein, for attention 7.2 If notice is given to Developer by personal delivery thereof to Developer or by depositing the same in the United States 5. ..-I- .-.. __. .-. --- -. . ,‘, .\‘I I ,. A- -. . , . ‘, I’ \ > t; ’ <I I , l ‘L 1370 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 khall 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 o'f this agreement have been I// ; .: . . . ..: er. r /I/ /I/ //I /I/ /// /// /// /I/ /// on the Property. When the obligations satisfied, City shall record a release. ., . . . ^ I 6, . - ., 1: -, 1 -. ., - IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written abov-e. . . . 4 1371 . DEVELOPER-OWNER: 3 6 7 ~&Gw~ CITY OF CARLSBAD, a municipal corporation of the State of California BY P&WV City Manager 6-e (Title) >) .., _ :’ ATTEST: I City Attorney ., . _I . .‘ ,: * I (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) 7. - STATE OF CALIFORNIA COUNTY OF SAN DIEGO 1 Ss ’ 13v On thisLday of.---, 19_82, befzie me, the undezgned, a Notary Public in and for said County and State, personally appeared Robert F. Wilkinson known to me to be one of the partners of the partnership that executed’the within instrument, and acknowledged to me that such partnership executed the same. : (Typed or PI rinted) NOTARY PUBLIC-CALIFORNIA IPAL DFFICE IN tllds .rm for dtkld trl) * ‘.b e . ‘1 . l C . )‘L 1373 EXHIBIT "A" LEGAL DESCRIPTION ‘j . . . . . i : __. : -‘; .