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Home My WebLink AboutGPA 59D; Tarnutzer, Byron and Hamilton, John; 81-305684; Public Facilities Fee Agreement/Release- _. ^ - ^ _ ,’ I Aft~~'recmhing return k: .I, 8 ciij ot. Carl~sbad 216 . 1LOti Elm Ave. . .*. Carl&d, CA 92003 AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMEXT CF A PUBLIC FACILITIES FEE - THIS AGREEMENT is 19 81 ---,' by and between John'W. Hamilton entered into this 3rd day of August , Byron M. Tarnutzer, Trustee ' and p-w-- a married man. - '(name of' develii5=TGtiF)- -=-4-A- 'lzt~F&' 35alkd5 tu CorLc:Jv\& : a ,hereinafter referred to as (Corporation, partnership,-) . . "Developer", whose address is 2915 Red Hill Avenue .(F-iOO)' , (streetj' . '. Costa Mesa, California 92626 I and THE CITY OF -..- ._I (Ci>y, state, zip codej . . CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as."City", whose address is 1200 Avenue, Carlshad, Galiforslia, 92008. WITNESSETH: _- .. -3. WHEREAS, Developer is the owner of the real property described on Exhibit "A", attached hereto and made a part of this agreement, , hereinafter rc-.ierred to as "Property"; and ?XkXEAS, the Property lies within the boundaries of City; and WHEREAS, Developer proposes a development project as follows: . I -- z . . * ‘* . - , . . -: - * I _’ . . . . ‘9 217 -. ,: . on said Property, which.development carries the proposed name of . . None at this time and is hereafter referred to as "Development"; and l , WHEREAS, Developer filed on the 3rd day of August 19 81, with the City a request for - General plan amendment . (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 ‘. c \ facilities necessary to serve a development will.be available . concurrent with need or such development shall not be approved '(said element iz; 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 August 29, 1979; 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 fa'cilities and services resulting . from the prr-aosed Development; and . WIEREAS, Developer has asked the City to find that public facilities and services will be available to meef the future needs.of the Development as it is presently proposed; but the _ I . Developer is aware that th e City cannot-and will not be able to . make any such finding without financial assistance to pay for - such services and facilities; and., therefore, Dcvel.oper proposes 2. . . . I . I ‘. 21.8 . to help satisfy the General Plan as implemented by Council Policy I No. 17'by NOW, covenants 1, fee in an payment of a public facilities 'fee. THEREFORE, in consideration of the recitals and the . contained herein, the parties agree as follows: The Developer shall pay to the City a public facilities amount not to exceed 2% of the building permit valuation of the buildings 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 develop- ment and shall be based on the valuation at that time. This fee shall be in addition to any fees, dedications or improvements Y required pursuant to Titles 18,' 20 or 21 of the Carlsbad Municipal .Code, A credit toward such fee shall be given-for land which has been dedicated for park purposes or for any fees paid in lieu .thereof pursuant to Chapter 20.44 of the Carlsbad Municipal Code. Developer shall pay a fee for conversion of existing buildings'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 CarlsbL 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, exceptin 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 br occupancy for which 3. ' '..,,, “.. . . . . the development is intended. Developer facilities fee in the sum of $1,150 for shall pay to City a public 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. A credit toward such fee shall be-given for land-which has been'dedicated for park purposes‘or for any fees . : ' paid in lieu thereof pursuant to Chapter 20.44 of the Carlsbad . Municipal Code. 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 Developer offers-to. ': donate a site or sites for public facilities, the City shall . consider, but is not obligated to accept the.offcr. 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 agree- . ment . 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 setivices, and the Development will not be consistent with the. . General Plan and any approval or permit for the Development shall __. . . , __. _ . . . . . . . * -. . . ‘ , ’ 8, . . * 220 . ‘. . 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 agreement in a , agrees to deposit the fees paid pursuant to this public facilities fund for the financing of public facilities when the City Coukcil 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. . : 6. All obligations hereunder shall terminate in the event the Requests made by Deveioper 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 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 Unj.ted States * 5. . . ..- _ --.__.. ----. -. ..---. . . . . )_ - .y * I I ;r I 22’1 ’ **, - . 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 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. interest in the Property, all obligations of Deve.loper hereunder . . shall terminate; provided, however, that any successor of Developer's - 'int'erest in the Property shall have. first assumed in writing'the .Developer's obligations hereunder. i. This agreement shall be recorded but shall not create .a lien or.security interest on the Property. When the obligations of this agreement have been satisfied, City shall record a release. . //I . - . _ __ . . . . _ . ,_. - *.. .,I . L’ b . . ‘IV-1222 i * ,., . c . IN'WITNESS WHEREOF; this agreement is executed in San Diego County, California as of the date first written above. s DEVELOPER-OWTJER: CITY OF CARLSBAD, a municipal . corporation of the State of California John W. Hamilton owner . - ' BY - City Manager . _ r * Owner (Title) . . ATTEST: . -,: &XL R. &iA&&,, ’ ALETI-IA L. RAUTENXRANZ, City Clea APPROVED AS TO FO . ' , VINCENT F. BIONDO, JR.., City Attorney . c . . . (Notarial acknowledgement of execution by DEVELOPER-OWNER must . * . . be attached.) 7. _-_ ---- -- --m- -- _.- _ -.- - - _- __- STATE OF CALIFORNIA Orange t ss. 41 223 COUNTY OF ___- on- , before me, the undersigned, a Notary Public in and for said State, personally appeared Byron M. Tarnutzer and John W. Hamilton - known to me to be the personS whose name s are subscribed to the within instrument and acknowledged to me that- they executed the same. WITNESS my hand and official seal. Signature Betty J. Belanger Name (Typed or Printed) (This area for official notarial seat) , . . . . . 1 All that.portion of w 224 EXtiHiIT "A" . '. . . LEGAL DEiCRIPTTOW’ . : . . . . <he Southeast Quarter of.'Section 24, Township *a . . 12 South Range 4-West San Be.rnardino Base.'and Meridian lying . .Northerly,Northwesterly and Northeasterly of a.l.ine described as ' . . follows: : . . , Beginning at the Southeast.&orner of said Southeast Quarter of . ,. Section 24; thence North 8,9 37'47" West along the South 'line.of : said Southeast Quarter a.distance',of 2635.50 fee& to the Southwest; corner of said Southeast Quarter; thence.North 0 42'0'5".East'along. : the'West line of said Southeast Quarter-a.dis,tance. 05 22.77.33 feet *_ .to the TRUE POINT OF BEGINNING 8f the herein described line; thence . leaving said West line South 89 17'44" East a.distance of 480.00 .feet to the beginning of a tangent.750'.00: foot.radius curve, con- cave Southwesterly; thence. Southe:as&erly along the arc of said - .curve' through a centrgl angle of '57.17'44" a dis.tance of 75O;OO feet; thence South 32 00'0.0" East a distance-of 425.00 .feet to the :. beginning.of a tangent 3OO.(JO foot radius curve,.conc&e Northeasterly; *. thence Southeasterly al.ong the arc of angle of.19.20'0" said. curve :through a, cientral .' a disttince.of 236.20 feet; thence- 51 2O'OCI" East' a distance of 440.25 feet to.the beginning of a tange.qt 150.00 foot' .: radius curve, concave Northerly; said curve through a gentral thence.~asterly along the arc:of: .' . . f&et; angel of 82 18.'00'! a distance of'2>5146' thence North 46 20'00" East a distance of.82,83 feet to.the. .' : beginning of a non-tangent 900.00 foot radius curve- concave North-. easterly; thence Sout easterly along the arc' o.f said curve through a centra & angle of 29832'00" . . a distance of.463.91 feet; thence. . South 73.10'00" East's distance of 12O.Oq feet'-,to the beginning : , 'of a tangent 900.00'0 foot radius curve ,.concave .Northerly said " curve being the prolongation of a 90'0.00 foot centerline radius.of El Fuerte Drive as shown on Map No. 7076, La Costa Meadows Unit 'i'.,. a. No. 3; thence Ea'sterly along-the arc of foot radius. . . curve through a central angle of 1 4415b". said.900.00 a distance of 27':45 feet to a-point in the.boundary of said Map No. '7076.; said boundary l ,' being-also the East,line of of Section 24. . the aforementioned Southeast Quarter . . ; ‘-. . . ’ . . . . . * . . . ’ . . . ’ , . . 225 RICK ENGINEERING CO. lEEI O? THE 5-28-80 ew w - A PLANNED COMMUNrPl BY: CARLSBAD. CALIFORNIA O200 240 NtWFa?l CENTER cmbt WTE 25 TIE b.voomw~o COMMS, THE MISTER COMPANY, P-G L DAON hy-r BEPut CA v2eco wild! ta% V 226 81-3Gci68kc FIWPAUE NO,’ BOOK rsr RECURDE6 REQUE$T OF a; ~~ SEr 2 @Q&b~* 20 At4 ‘8 I UP I 8M IBOO .C6UHfY~ CA& ! B IAt RECORDI :VtlFRAL.LYLE RECCRbER