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Home My WebLink AboutCUP 90-12; Yut, Lynn and Poinsettia Assoc; 90-567314; Public Facilities Fee Agreement/ReleaseRECORDING REQUESTED BY AND ) : WHEN RECORDED MAIL TO: CITY OF CARLSBAD > 1200 Carlsbad Village Drive 1 (Formerly Elm Avenue) 1 Carlsbad, California 92008 1 Space above this line for Recorders use Parcel No. J/4 - no -/p AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 2 r day of by and 2 a&&& 19yfi between /. Y M vl fl, L/;,#- / / (Name of Developer) an , hereinafter referred to as “Developer” whose address is Yom A Lcu/a~c? LlTbAh.74 CT (S&et) 1’ & /Q&f c.fl (Cyty, State, kip Code) ?C?OO,Y / and t%;~s&~;a #ssoc c (Name of Legal Owner) a Pav-fv, UP 3-h A@ (Individual, Corporatiorf, etc.) “Owner” whose address is 9,n >olc (St;eet) ~06~2 c-y (City, State, Zip Code) /6& , hereinafter referred to as AND the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as “City”, whose address is 1200 Carlsbad Village Drive (Formerly Elm Avenue), Carlsbad, California, 92008. REV 8/90 * ’ . ‘,. --. 550 RECITALS WHEREAS, Owner is the owner of the real properly 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 /G?, fL WHEREAS, Developer has contracted with Owner to pure&se the Property and proposes I’ a devleopment project as follows: /,3 A A on said Property, which development carries the proposed name of All P&&Q ‘\ DSdll h2. and is hereinafter referred to as “Developer”; and WHEREAS, Developer filed on the J 2 day ofT&+-leY 9 19awith the City a request for ( ’ ??d, #lfwla/ USL 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 July 28, 1987, 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 and Owner have 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 and Owner propose to help satisfy the General Plan as implemented by Council Policy No. 17 by REV 8/90 2 s * . ;_,.. ( . 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 and Owner 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 2 1 of the Carlsbad Municipal Code. Developer and Owner 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 and Owner 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. 2. The Developer and Owner 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 and Owner offer 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 REV 8/90 552 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 service sufficient to accommodate the needs to the Development herein described. 6. All obligations hereunder shall terminate in the event the Requests made by Developers 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. REV 8/90 * l ., :*... . . . 553 7.2 If notice 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 ensure to the benefit of, and shall apply to the respective successors and assigns of Developer, Owner and the City, and references to Developer, Owner or City herein shall be deemed to be references 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 Developer3 interest in the property shall have first assumed in writing the Developers obligations hereunder. At such time as Owner ceases to have any interest in the Property, all obligations of Owner hereunder shall terminate; provided, however, that if any successor to the Owner’s interest in the Property is a stranger to this agreement, such successor has first assumed the obligations of owner in writing in a form acceptable to City. 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 8/90 554 - IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date *first written above. OWNER: 20INSETTIA ASSOCIATES, /a California General Partnership bv: (Name) (Name) . (Signature) ATTEST: DEVELOPER: &%-)+I 4, $&$+ L/ynn A. Yu$/ BY: TITLE: BY: TITLE: CITY OF CARLSBAD, a municipal corporation of the State of California ALETHA L. RAUTENKRANZ, Citv Clerk V- MARTIN ORENYAK For City Manager . APPROVED AS TO FORM: BY; )(AREN J. HIRATA DEPUTY CITY ATTORNEY VINCENT F. BIONDO, JR. City Attorney (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) REV 8/90 GENERAL ACKNOWLEDGMENT 555 NO. XII State of Lfi-+Q/J~~~A 19sb, before me, ss. County of +&A tiw d%“&b /U& tik4.U~ the undersigned Notary Public, personally appeared OFFICIAL SEAL JAMES MCCORMICK Notary Public-California SAN DIEGO COUNTY My -mm. Exp. April 24,1992 I 0 personally known to me % proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) N-95 subscribed to the within instrument, and acknowledged that c545 executed it. WITNESS my hand and official seal. . ==-Ldz-m-PsL Notary’s Signature 7110 122 NATIONAL NOTARY ASSOCIATION l 23012 Ventura Blvd. l P.O. Box 4625 l Woodland Hills, CA 91364 TO 18.. CI ts.74, (Partnership) STATE OF CALIFORNIA EmY ss. COUNTY OF s2‘+!d a/& 0 Ancon- iii I !!I #e&ecIIoIL)ds?eLLJ known to me 2 to bewL Mm--&f h t e partners of the partnership L that executed the within instrument, and acknowledged to me that such partnership executed the same. WITNESS my hand and official seal. ’ t On &WYZSWi5&4 J.&j990 * before me. the undersigned, a Notar lit in and /+Gz?&ti/elc c;. A for said State, personally appear& k! -&szsL,azxae~ OFFICIAL SEAL JAMES MCCORMICK Notary Public-California SAN DIEGO COUNTY My Comm. EXD. ADri124.1992 (This area for official nom-is1 seal) EXHIBIT “A” LEGAL DESCRIPTION Parcel 7 of Parcel Map No. 15187 in the City of Carlsbad, County of San Diego, State of California as filed in the office of the County Recorder of San Diego County, March 28, 1988 REV 8/90 7