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HomeMy WebLinkAboutCT 84-10; Altiva Place Ltd. and Hearne, Hugh & Scott, James; 84-126621; Public Facilities Fee Agreement/Release-2 ’ . -. l * 84-126621 3 I? C 0 R I) 1 N G t! IC C) II 1; S ‘I’ I? I) Jl )’ AND ; 1107 - r ._-. .,” / WHEN RECOEIIKD MAIL TO: iji: ~;(.ic:‘j~J ii! oyfqc1,$- ,i,,;;(::;yli; 1 > OF' SAlI i‘!liLC: c':I";i i,:.d.j CITY OF CARLSFAD > . 1200 Elm Avenue t984 APR -6 AM 10: I ?, .Carlsbad, California 92008 ,' I Q$JJ$J. ,,*,&!! VE,F rl:' /, &,.;%~;; _- h0 FEE Space above-&is line for&corder's u&zj Documentary transfer tax: $ No fee r -)bJ& Signature o-f declarant.determining tax-firm name City of Carlsbad s/r-- y-&e- (3 - Parcel No. AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSRAD FOR THE PAYMENT OF A PURLIC FACILITIES FEE -- THIS AGREEMENT is entered into this l&r day of /%2/r 4' ,1963. by and between izh77~S #. sco7y _ /&A i. kF@Ni?r 5. -A/s =&J* / /1/9 I (name of developer-owner) a * 4, 3PfYx t’n Pr , hereinafter referred to as (Corporation, phrtnership, etc.) "Developer" whose address is ias (: 5/Pf/r? 4%? (street) g/ 6 G/74 B t=?f"J d +%7r and THE CITY OF (City, . state, zip code) CARLSRAD, a municipal corporation of the State of California, hereinafter referred to as "City", whose address is 1 Carlsbad, California, 92008. WITNESSETH: gY$zTJ . 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 WHERFAS, Developer proposes a development project ae follows: - REV 4-2-82 c ~fF-++?-~ g/ . , . % . ‘. i 1108 .- . *on said Property, which development carries the proposed name of and is hereafter referred to as "Development"; and WHEREAS, Developer filed on the day of /%f& , 19kf , with the City a request for kL7td h,)G k++vhmw~ a/-u/ , %7174%Jcc /%A & /bC #/;,cfl& l&p&;&79f dR.7 6; 2; rsee3 eQh%+d. ,nt5/yJ hereinafter referred to as "Request"; and WHE.REAS, the. Public Facilities E?ement .of the City General Plan requires t-hat the City Council find that: all public facilities necessary to serve a development will be available concurrent with need or !:uch development shall not be approved (said element is on s 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 2, 1982, in file with the City Clerk and incorporated by this reference, and t'hat the Cit.y's public facilities and .serv-i'ces 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, Devel.oper has asked the Ci.ty to find that public . facilities and services will be available t.o 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 h-2-87. , * I.3 . *- 1109 -- NOW, Tll ERK I:OI:E: ) 1.n consideration of the r~Citi1l.S and the . . covonantc corltained 11~:~‘ein, tbc: 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 const.ruction permits for the development and shall b.e based on the valuation at that time. This fee shall be in add’ition to any fees, dedications 0.r improvements required 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 permit as provided in Chapter 21.47 of the Carlsbad Huni.cipal Code. Condominium shail include communitp apartment or stock cooperative. The terms “other construct ion 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 occupancy 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 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 ?(unici.pal Code. -3- REV 4-2-82 ’ ~ . ii 1110 2. The Developer may pffer to .donate a site or sites for public . facilit1e.s 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 imprbvements .* 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 I 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 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 facilities when the. City Council determines the .need exists to : provide the facilities and suffici.ent 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 pu.blic agencies as evidence of adequate ‘public facilities .and services sufficient to accommodate the needs of. the Development herein described. -4” . , , - . . : I -- llll -- I. -6. Al 1 obl if:;lt ions hurctindcr shnl. I termi nnt:c in the ever.t thti - R e q u c: s t s made by Developer are not approved. 7. Any notice from one party to the:othcr shall be in writing, . and shall ‘be dated and signed by the party giving such notice or by’ a duly authorizcd representative of such party. Any such notice shall not be effective for any purpose whatsoever unless ser’ved 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 s’et 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 s 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 successors and assigns without specific mention of such successors and assigns. If Developer should cease to have any ititerest 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 Property. When. the obligations of thi.s agreement have been satisfied, Ci.ty shal.1 r.ecord a release. -5- REV 4-2-82 . * -_ ‘>. . ~ . 1112 . -. IN WlTNESS IJHERE:OF, this agreement is executed i'n San Diego . county, California-as,of the date first writ'ten above. DEVELOPER-OWNER: CITY OF CARLSBAD, a municipal corporation of the State of California RY Crty Manager '(Title) ' ATTEST: I . APPROVED kS TO FORM: VINCENT F. UIONDO, JR., - City Attorney . (Notarial acknowledgement of execution by DEVELC?PER-OWNER must be attached.) . -6m. .- REV 4-2-82 \ I. ‘_\ . ,.\ L \ PUB&C kACIL;kS AGREEMENT RFjQUIREMENTS STATE OF CALIFORNIA COUNTY OF Orange ) ss. 1113 1 Oil March 2, 1984 , before me, the undersigned, a Notary Public in and for said State, personaily appeared ***James H. Scott and Hugh L. Hearne Jr.** personally known to me (or proved to me on the basis of satisfactory evidence) to be the person that executed the within instrument as two of the partners partner(s), on behalf of Altiva Place LTS a No* LTD. , the partnership therein named and acknowledged to me that the partnership executed it. (This area for official notarial seal) -- 1114 EXHIBIT "A" Legal Description Of Proposed Parcel With Lotline Adjusted A parcel of land being a portion of Parcel 4 of P.M. 11722 and a portion of Parcel 4 of P.M. 13158 both on file in the Office of County Recorder of San Diego County, State of California.