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HomeMy WebLinkAboutCT 83-19; Vernon Savings & Loan Association FSA; 87-414007; Public Facilities Fee Agreement/Release* * I. ‘. * 87 w-4007 I RECORDING REQUESTED BY AND I- O 1.820 [ '-.I - . , WHEN RECORDED MAIL ,TO: , :':, [:::f,[ [',j: ~b,--y ! : 1 ; ‘i L ‘-.~;‘.i i-f I,:‘,;..;-;, : ..’ ,.-!( i’, /j ‘II;. L. CITY OF CARLSBAO i 1200 Elm Avenue . Carlsbad, California 92008 ?:?i J1J! 23 Afrj 11: 4 1 Lco!,M, Y ilFt-gUgf)! 1 VEfiA L. LYLE Space above this line for-Recorder's -&I Signature of declarant determining tax-firm name City of Carlsbad w Parcel NO. //,~~0~~~?$/8 ddti AGREEMENT BETWEEN CEVELOPER-OWNEd AND THE CITY OF CARLSBAU FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this a day of July by and between Vernon Savings and Loan Association; FSA, , 1987 (name of developer-owner) a federallychartered., hereinafter ref.errd to as (Corporation, partnership, etc.) association "Developer" WhOSe address is 14850 Montfort Drive (street) Dallas, Texas 75240 (City, state, zip code) and THE CITY Cf CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City", whose address is 1200 Elm Avenue, Carlsbad, California, 92008. WITNESSETk WHEREAS, Developer is the owner of the real property described on Exhibit "A":, attacned nereto 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: a 466-unit residential subdivision REV 4-22-86 cr i?s-/q . - . . . . x a-0' 1821 - , on said Property, which development carries the proposed name of Calavera Hills, Village "T" and is hereafter referred to as "Development"i and WHEREAS, Developer filed on the 15~1 day Of Ams 1987 , With the City a request for extension of time , . . . 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 recognize the correctness of Council Policy No. 17, dated April 22, 1986, on file with the City Clerk aqd incorporated by this reference, and that the City's public facilities and services are at capacity and will not be ava ilable to accommodate the additional need for public facilities and services resu lting from tne 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 p-oposed; 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 tnerefore, Developer proposes to nelp 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 tne covenants contained herein, the parties agree as follows: . L -2- . ~ b REV 4-22-86 -0’ 1822 I * 1. Tne Developer shall pay to the City a public facilities fee in an amount not to exceed 2.5% of the building permit valuation of the building or . structures to be constructed in the Development pursuant to the Request. The fee snall be paid prior to the issuance of building or other construction permits for the development and Shall be based on the valuation at tnat time. This fee Shall be in xldition to any fees, dedications or improvements required pursuant to Titles 18, 20 or 21 of tne Carlsbad Municipal Code. Developer shall pay a fee for conversion of existing building or structures into condominiums in an amount not'to exceed 2.5% of the building permit valuation at the time of conversion. Tne 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 "otner construction permits", "other construction permit" and "entitlement for use" as used in this agreement, except in reference to mobilehome sites or projects, snall not refer to grading permits or other. permits for tne construction of underground or street improvements unless no otner permit is necessary prior to the use or occupancy for WtIiCh the development is intended.' Developer shall pay the City a public facilities fee in the sum of $1,150 for each mobilehome space to be constructed pursuant to the Request. Tne fee shall be paid prior to tne issuance of building or Other construction permits for the development. Tnis fee snall be in tidition to any fees, dedications or improvements required according to Titles 18, 20 or 21 of . the Carlsbad Municipal Code. 2. Tne Developer may offer to donate a site or sites for public facjlities 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 L REV 4-22-86 . . . . , Of 1823 facilities, tne City shall consider, but is not obligated to accept the offer. The time for donation and amount of credit aga.inst 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. Tnis agreement and the fee paid pursuant hereto are required to .ensure the consistency of the Development witn the City's General Plan. If the fee is not paid as provided nerein, the City will not have the funds to provide public facilities and services, and the development will not be consistent wiih 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 by tnis agreement is paid. 4. City agrees to deposit tne fees paid pursuant to this agreement in a public facilities fund for the financing of public facilities when the City . Council determines tne need exists to provide the facilities and sufficient funds from the payment of tnis 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 the Requests made by Developer are not approved. -4- REV 4-22-86 . . . 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 of personal delivery thereof to tne City or by depositing same in tne 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 snail ensure 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 successors and assigns without specific mention of such successors and assigns. If Developer 's,hould cease to have any interest in the Property, all obligations of Developer hereunder shall terminate; provided, however, that any successor of Developer '5 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 PrOperty. When the obligations of this agreement have been satisfied, City Shall record a release. -5- REV 4-22-86 ._ . . - . -0’ 302s IN WITNESS WHEREOF,-this agreement is executed in San Qi,ego County, . . California as of the date .first written above.. -." 1 : :, DEVELOPE~~O#NERs:,'i~~:'. 1.:' . . . CITY OF C ..;'d"-:..: . . corporat i ., . z_ State 6f \ . . _ i... Vernon Savings-ahd .Loaq,,Assbdiation, FSA ” .: I.. -_ . . . . . . . . -:’ ‘. . . . \ . . ARLSBAD, $munjcipal on of the. -. " Cal i fornia . ..I. - '. -. .'. ; . . . . . . . r* - ‘-. ‘,. US s:.., .: ,- . ‘... > . (name) Rxhard Buerkle i' '.' " ~xecutive..Vide..P,~e.Sident .&id~.&&xiation's ,Ft‘.' ( (Title) K,epresentative. .' . _.. . Development Director -. - . ‘_ .- I By . ,..+ :. :. . . ‘. ~ --. . (Title) I ,’ ‘. : . ‘. .- . ATTEST: . _' APPROVED AS TO FORM: City Attorney (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) -6- REV 4-22-86 >' _ . _ ;. :: f :: :: . . . ..” C I .- -.0' 1826. STATE OF TEXAS COUNTY OF DALLAS i BEFORE ME, the undersigned authority in and for said County and State, on this day personally appeared Richard Buerkle known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he is the Executive Vice President and Association's Representative of Vernon Savings and Loan Association, FSA, a federally chartered mutual savings and loan association, and that he, being authorized to do so, executed the same for the purposes and consideration therein expressed. ,,:GIVEN UNDER MY HAND AND SEAL OF OFFICE this July, 1987. My commissio e:\j js\O707C-00 a L ’ L A ” l . .-Op 1827 EXHIBIT "A" LEGAL DESCRIPTION . Carlsbad Tract 83-19, Unit No. 1, Calavera Hills - Village T North, being a subdiviskon of 1ot"D" of Ranch0 Agua Hedionds in the City of tArlsbad, County of San Diego, State of California, according to Map Thereof No. 823, filed in the office of the County Recorder of San Diego, dated November 16, 1986.