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Home My WebLink AboutCT 90-10; Aviara-9 Inc; 90-492474; Public Facilities Fee Agreement/Release’ . +_L 206 $4 492474 ,-- f;f gyyx-j pi : :.i-r.‘:;i.c~ j-yCtfRgS RECORDING REQUESTED BY AND ) :- :"";:; y$&i-f CA . ' WHEN RECORDED MAIL TO: 1 tgg gp # 0 p)j 3: yJ CITY OF CARLSBAD 1 1200 Elm Avenue 1 . Carlsbad, California 92008 ) ---- Space above thiq line for Recorder's Parcel No. 215-040-16 AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 2nd day of JUlY , 1990 by and between AVIARA-9, Inc. (Name of Developer-Owner) a Corporation ' hereinafter referred to as "Developer" (Corporation, Partnership, etc.) whose address is 5151 -Shoreham Place,, $_uite 200, San Dieqo, .CA. 92122 -_ (Street) (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, Carlsbad, California, 92008. WITNESSETH: 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 :rnJ"rt as follows: REV 3-l-88 -8 . 207 - ! A Multi-Family Attached Residential Project on said Property, which dcvclopmcnt carries the proposed name of I Avi at-rr7’.P? ;rrminfl Arca c) .e and is hereinafter rcfcrrcd as 'Development"; and WHEREAS, Ocvclopcr filed on the 1st- day of March t 1930, with the City a rcqucst for Conc~ominium Permit, Tentative Tract Map hereinafter referred to as "Request"; and WHEREAS, the Public Facilities Elcmcnt of the City Ccncral Plan requires that the City Council find that all pub1 ic facilities necessary to serve 2 development will be available concurrent with need or such dcvclopmcnt shall not be approved (said clcmcnt is on. file with the City Clerk and .js . incorporated by this rcfcrcncc); and WHEREAS, Developer and City rccognizc the correctness of Council Policy No. 17, dated July 211, 1387, on file with the City Clerk and incorporated by this rcfcrcnce, and that the City's public facilities and services are at capacity and will not bc available to accommodate the additional need for pub1 ic facilities and scrviccs resulting from the-proposed Dcvclopmcnt; and WHEREAS, Ocvclopcr has asked the City to find that public facilities and services will bc available to meet the future needs of the Ocvclopmcnt as it is presently proposed; but the Dcvclopcr is aware that the City cannot and will not bc able to make any such finding without financial assistance to pay for such services and facilities; and thcrcforc Ocvclopcr proposes to help satisfy the General Plan as implcmcntcd by Council Policy No. 17 by payment of a publit facilities fee. REV 3-l-130 2 . . 208 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 3.5% 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 construction permits for the development 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. Developer shall pay a fee for conversion of existing building or structures into condominiums in an amount not to exceed 3.5% 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 of use" as used in this agreement, except in reference to mobile home 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 of occupancy for which the development.is intended. Developer shall pay the City a public facilities fee in the sum of $1,150 for each mobile home 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. REV 3-l-88 h -. 209 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 De.veloper 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 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 provlde 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 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 service sufficient to accommodate the needs to the Development herein described. REV 3-l-88 4 210 ‘. . 6. All obligations hereunder shall terminate in the event the Requests made by Oevelopers 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 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 attention of the City Manager, postage prepaid and certified. 7.2 If notice given to Developer by personal delivery' thereof to sea , des Developer or by depositing the same in the United States Mail, enclosed in a led envelope, addressed to Developer at the address as may have been . ignated, postage prepaid and certified. 8. This agreement, shall be binding upon and shall ensure to the benefit of, and shall apply to the respective successors and assigns of Developer and City, and references to Developer -City herein shall be deemed to be references to and include their respective successors and assigns without the specific mention of such successors and assigns. If Oeveloper 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 in the Property. When the obligations of this agreement have been satisfied, City shall record a release. REV 3-l-88 5 . . . 4 : .* , * , , 211, . IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. \ DEVELOPER-OWNER: CITY OF CARLSBAD, a municipal corporation of the State of AVIARA-9, Inc. California By: By: (Title) ATTEST: E3Y&/gvd APPROVED AS TO FORM: VINCENT F. City Attorney . (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) REV 3-l-88 6 STATE OF CALlFORNlA 2! B , before me, the II a Notary Public in v) personally known to me (or proved to me on the basis of satisfactory evidence) to be the - President, and d personally known to me (or proved to me on the basis of satisfactory 0 2 evidence) to be 20 l-0 F ment pursuant to its 8 z 2 z 0 g r z F 2467R 11162 or said County and State FICIAL SEAL WENDY A. MARTIN NOTARY PUBLIC - CALIFORNIA PRINCIPAL OFFICE IN SAN DIEGO COUNTY My Commission Exp. July 29, 1991 (This area for official notarial seal) . I ’ . .I 213 - l . . LEGAL DESCRIPTION AVIARA Planning Area 9 BEING ALL OF LOTS 6,7,8 AN’D 9 OF CITY OF CARLSBAD TRACT 85-35, PHASE I-UNIT A, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF. NO. 12409, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JUNE 29, 1989 #89-345850. ASSESSOR PARCEL NO(S) . 21 S-040-1 6 EXHIBIT A