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Home My WebLink AboutCUP 273; OGara, Michael & Vicki; 85-165402; Public Facilities Fee Agreement/Release- . . . . .‘,. 85-165402 . . RECORDIF? REQUESTED BP AND .T...._." a' 3 WHEN.RECOIiDED MAIL TO: -,1 !; > ',I; :: ';J' +iz;; ii\ {!;it$ ,:.I ‘= ; i ; 3'. t; ',hi ,j<cl' LLi$ i, . s ..,,!, 1 CITY OF CARLS-BAD 1200 Elm Avenue Carlsbad, California 92008 > tm MAY 1 0 f:I2' it: L; 4 1 ,...: _ _ \/r-y ’ , . c ; ,_ ., I Space above this l(,&&'Por!:beco Documentary transfer tax: $ No fee WC) FEE Signature of tax-firm name City of Carlsbad Parcel No. CJ OLF- 06&/b AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this llthday of March ) 1985 bv and between Michael and Vicki O'Gara (name of developer-owner) a , hereinafter referred to as (Corporation, partnership, etc.) I "Developer" whose address is lev Street Carlsbad, CA 92008 and THE CITY OF (City, state, zip code) CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City", whose address Carlsbad, California, 92008. WITNESSETH: WHEREAS, Developer is the owner of the real 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: 29,000 square feet of greenhouses REV 4-2-82 * . -, * . .‘, 731 - ‘, on said Property, whicll development carries the pLoposed name of O’Gara Greenhouse and is hereafter referred to as “Development”; and WHEREAS, Developer filed on the lit-h day of March , 19 84, with the City a request for Approve of a conditional use pgrmit for construction and operation of 29,000 square foot of greenhouses. 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 2, 1982, in 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 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 4-2-82 * * ,I - , _’ . 738 - NQW, THEREFORE in consideration of the rr .tals 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 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 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 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, 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 Municipal Code. -3- REV 4-2-82 739 ‘, ’ ?* 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 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 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 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 services sufficient to accommodate the needs of the Development herein described. -4- REV 4-2-82 . . ..\ . .,’ .. - 6. . All obligati 74R s hereunder s all termina 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 of 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 res-pective 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 in the Property. When the obligations of this agreement have been satisfied, City shall record a release. -5- REV 4-2-82 8. ’ ..’ I. , t J-w 741 IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: - A? L2Ms%-f c &, (y,L CITY OF CARLSBAD, a municipal corporation of the State of California ATTEST: rk ; VINCENT F. BIONDO, JR., APPROVED AS TO FO City Attorney (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) * -6- REV 4-2-82 742 EXHIBIT "A" LEGAL DESCRIPTION THAT PORTION OF TRACT 123 OF CARLSBAD LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1661, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 1, 1915, BOUNDED BY ‘4 LINE DESCRIBED AS FOLLOWS, TO-WTT: BEGINNING AT A POINT OF INTERSECTION OF THE CENTER LINE OF HIGHLAND STREET AND THE SOUTHWESTERLY PROLONGATION OF THE NORTHWESTERLY LINE OF SAID TRACT 123; THENCE SOUTH 24'33' EAST ALONG SAID CENTER LINE OF HIGHLAND STREET, A DISTANCE OF 125.33 FEET TO A POINT; THENCE NORTH 55'27' EAST, A DISTANCE OF 430.25 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 34'33' EAST, A DISTANCE OF 123.43 FEET TO A POINT; THENCE NORTH 55'27' EAST, A DISTANCE OF 451.97 FEET TO A POINT ON THE CENTER LINE OF VALLEY STREET; THENCE NORTH 34'33' WEST ALONG SAID CENTER LINE OF VALLEY STREET, 246.86 FEET TO THE POINT OF INTERSECTION OF SAID CENTER LINE OF VALLEY STREET AND THE NORTHEASTERLY PROLONGATION OF SAID NORTHWESTERLY LINE OF TRACT 123; THENCE SOUTH 55'27' WEST ALONG SAID NORTHEASTERLY PROLONGATION AND SAID NORTHWESTERLY LINE TO A POINT OF INTERSECTION WITH A LINE WHICH BEARS NORTH 34'33' WEST FROM THE TRUE POINT OF BEGINNING; THENCE SOUTH 34'33' EAST TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THE SOUTHEASTERLY 180.00 FEET OF THE NORTHEASTERLY 155.00 FEET THEREOF, SAID NORTHEASTERLY 155.00 FEET BEING MEASURED TO TO THE CENTER LINE OF VALLEY STREET. SAFECO TITLE INSURANCE I! STATE OF CALIFORNIA COUNTY OF ) San Diego ss. On this the 15th day of March 1985, before me the undersigned, a 3 Notary Public in and for said County and State, personally appeared Michael D. O'Gara and Vicki B. - ~ e O'Gara $j f 5 , personally known a g to me or proved to me basis of satisfactory evidence to be the ch subscribed to the within instrument 3 and acknowledged that executed the s 55 2 c $ 3 a z 0