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HomeMy WebLinkAboutGPA 64C; Kelly, Richard & Robert; 82-343970; Public Facilities Fee Agreement/ReleaseRECORDI,NG REQUESTED BY Ar;JD WHEN RECORDED MAIL TO: 1 CITY OF CARLSRAD 1200 Elm Avenue ; Carlsbad, California 92008 ) space above L-y;-\ : I / r.. \I, tL fit 'f p ~~-yyjf!f? r y s u s e N.Q FEE cj . -d Documentary tranfier tax: $ No fee Signature of declarant determining tax-firm name City of Carlsbad Parcel No. AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 25 day of October , 19 82 by and between Richard Carroll Kelly and- Robert Patrick Kelly, Trustees (name of developer-owner) a Trust , hereinafter referred to as (Corporation, partnership, etc.) "Developer" whose address is 2770 Sunnycreek Road (street) Carlsbad, CA 92008 (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 project as follows: Amendment of Carlsbad General Plan from NRR to Planned Industrial. REV 4-2-82 I . . - . 2207 - on said Property, which development carries the proposed name of Richard Carroll Keliy and Robert Patrick Kelly, Trustees and is hereafter referred to as "Development"; and . . I i . WHEREAS, Developer filed o'n the 30th day of July , 19 82. , with the City a request for General.Plan Amendment from NRR $0 Planned Industrial. 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 recognise 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 . 2208 - NOW, THEREFORE, 1'1 consideration of the recAcals and the covenants contained herein, the parties agree as follows: 1. The Developer shall pay to the City a public facilities fee i. 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. C-ondominium 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 mo.bilehome sites or projects, shall not refer to grading permits or other permits for the construction o-f 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 . . . -- . 2209 - 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 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 determinati:on,* when made, shall become a part of this agreement. Sites donated-‘under this paragraph shall not include improvements required pursuant t’o Titles 1.8 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 ‘pa’id 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- . . 6 * a. - 22x - I ,’ .a 6. All obligatic , hereunder shall terminaL 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 certif,ied. 8. This agreement shall be binding npon 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 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 sha.11 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 s ‘.^ I’ * ’ .* .- 2211- IN WITNESS WHEREOF, this agreement is kxecuted in San County, California as of the date first written above; DEVELOPER-OWNER: CITY OF CARLSBAD, a corporation of the State of California Diego municipal ROBERT PATRICK KELLY, TRUSTEE I \ [name) (Title ATTEST: BY City Manager The foregoing instrument was acknowledged before me this 20th day of October, 1982. In witness whereof I have hereunto set my hand and seal. commission expires. Notary Pdblic myi? l":; 3; ."dz 6 4 5 S=:;;j; (- .r -I 93 . .k1 E.~::~~." ,.~ *. .., T ir~.'.:~, cldf7 A ?' cc:.i. ";::t.:"t:3 F=. S/S& "'.i.*'r:+s ALETHA L. RAUTENkRANZ, City Clerk APPROVED AS TO ;INCENT F. BIONDO, JR., City Attorney I . (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) . , - , REV 4-2-82 -6- - STATE OF CALIFORNIA 2212 COUNTY OF SAN DIEGO On October 22, 1982 before me, the undersigned, a Notary Public in and for said State, personally appeared Robert Patrick Kelly, Trustee known to me to be the Trustee under the Kelly Family Trust 7 and to be the person whose name is subscribed to the within instrument andacknowledges that he executed the same as Trustee . Witness my hand and official seal. 4%44***44+t+*444*4 OFFICIAL SEAL $ ELLEN E. GWFITH t NOTARY PUt3LIC-CALIFORNIA l SAN DIEGO Cf-11 IN-W : ~.-- ___..I. My Commission Expires Dec. 18 1984 i **+44*4**4*3++4t44444~4.*: bJ&J+xJl&&?& Notary Public in YBfid for said State I . b _.I* *- .,, ” 2,3 . EXHIBIT "A" LEGAL DESCRIPTION . Parcels "A", "B", "C" and "D" in the City of Carlsbad, County of San Diego, State of California, as shown at Page, 2993 of Parcel Maps I filed in the Office of the County Recorder of San Diego .County, August 23, 1974.