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Home My WebLink AboutGPA 87-01; Carltas Development Company; 87-496010; Public Facilities Fee Agreement/Release: ,I’,; / .I . i ’ I’ , .: 87 146010 .. - . * ’ ‘t RECORDING REQUESTED BY AN; ) ~ -c) 1996 WHEN RECORDED MAIL TO: > 1 .’ CITY OF CARLSBAD 1 1200 Elm Avenue !":Fi Sf-P - 1 c,ij 0: 26 Carlsbad, California 92008 I I ‘.'Efi;t, 1... 1.;; 1 i-- (‘(!I;;&; 'f I.,; (:*"::'i ;: 1 Space above this line for Recorder's use Documentary transfer tax: &&@#BZ Signature of declarant determining tax-firm name City of Carlsbad Parcel No. 2//--0/U-//, g//,-bw-td~ w, 7' / / AGREEMENT BETWEEN CEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 3 /J day of by and between Carltas Development Company (name of developer-owner) a California Corporation , hereinafter referred to as (Corporation, partnership, etc.) "Developer" whose address is 4401 Manchester Ave., Ste. 206 (street) Encinitas, CA 92024 (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"* l 9 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: . * . C~rcial/l?~tail SiiM1vis7nn - CX C&lIl try mansion ---- . ’ I i .6’ 1997 --4 ‘. * -. ),. . on said Property, Which development carries the proposed name of Car COWItq Expansion and is hereafter referred to as "Development"; and WHEREAS, Developer filed on the day of , 19 , with the City a request for Tentative Map, LCP Amendment, Williamson Act Contract Amendment, Rezoning, General Plan Amendment, and Arm-&rent to St3ecific Plan. 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 22, 1986, on file with the City Clerk and incorporated by tnis reference, and that the City's public facilities and services are at capacity and will not be available to accommodate tne additional need for public facilities and services resulting from tne proposed Development; and WHEREAS, Developer nas asked the City to find that public facilities and services will be available to meet the future needs of tne Development as it is presently proposed; but the Developer is aware that tne 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 tne General Plan as implemented by Council Policy No. 17 by payment of a public facilities fee. NOW, THEREFORE, in consideration of the recitals and tne covenants contained herein, the parties agree as follows: -2- REV 4-22-86 i . I . .a ,, ., 0: 199s 1. The Developer s 11 pay to the City a public facilities fee in an amount not to exceeds 8 the building permit valuation of the building or structures to be constructed in the Development pursuant to the Request. Tne fee Shall be paid prior to the issuance of bui lding 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, ded ications 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 3.5 TA an amount not to exceed; . of the building permit valuation at the time of @t conversion. Tne 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 tnis agreement, except in reference to mobilehome sites or projects, shall not refer to grading permits or other permits for tne 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 the 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. Tnis fee Shall be in zidition to any fees, dedications or improvements required according to Titles 18, 20 or 21 of the Carlsbad Municipal Code. . . L 2. The Developer may offer to donate a site or sites for public facilities in lieu of all or part of tne financial obligation agreed upon in Paragraph 1 above. If Developer offers to donate a site or sites for public -3- REV 4-22-86 facilities, the City snall consider, but is not obligated to accept tne 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 tnis paragraph snall 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 tne fee is not paid as provided herein, the City will not nave the funds to provide public facilities and services, and the development will not be consistent with tne 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 tne 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 tnis 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 otner public agencies as evidence of adequate public facilities and services sufficient to accommodate tne needs of the Development nerein described. 6. All obligations hereunder shall terminate in the event tne Requests made by Developer are not approved. -4- REV 4-22-86 7. Any notice from one party to the other shall be in writing, and shall be dated and signed by tne party giving such notice or by a duly authorized representative of such party. Any such notice Shall not be effective for any purpose wnatsoever unless served in one of the following manners: 7.1 If notice is given to the City of personal delivery thereof to tne City or by depositing same in the United States Mail, addressed to tne 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. Tnis agreement Shall be binding upon and snail ensure to the benefit of, and snall apply to, the respective successors and assigns of Developer and the City, and references to Developer or City nerein shall be deemed to be reference to and include tneir 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 nereunder Shall terminate; provided, however, that any successor of Developer's interest in the property shall have first assumed in writing tne Developer's obligations hereunder. 9. This agreement Shall be recorded but snall not create a lien or security interest in the Property. Wnen the obligations of this agreement nave been satisfied, City shall record a release. -5- REV 4-22-86 . t I I ’ v . .‘> -4 zoo]1 - . -. L IN WITNESS WHEREOF, this' agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: Carltas Development Company, . a California Corporation - CITY OF CARLSBAD, a municipal corporation of the State of California BY Development Director ATTEST: APPROVED AS TO FOREI: --cc.& Q. f-$--cm& F.:,+~F. k. BXiNDO JR , 'P City Attorney (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) -6- i REV 4-22-86 . . .b. i.. E ‘. I : - 4. 2002 EXHIBIT "A" LEGAL DESCRIPTION A portion of Lot "H" of the Ranch0 Agua Hedionda Map 823, along with Lots 4 & 5 of Carlsbad, Tract No. 72-3, in the City of Carlsbad, County of San Diego State of California STATE OF CALIFORNIA ;ss. COUNTY OF I al Z i= , before me, the undersigned, a Notary Public in and for bi Chrmr C, C!alkins -d .= k - I$ , personally known to me (or proved to me on the z;lm basis of satisfactory evidence) to be the personb who executed the within instrument as-_ iI ‘I ii’E President p, on behalf of -7 = f> Carltas Development Company ;,* _ g ,g the corporation therein named, and acknowledged to me that 82 O_+ such corporation executedthe within instrument pursuanttoits I by-laws or a resolution of its board of directors. i;j ? WlTflESS my hand and official seal. ” 2 s: Signature / u (This area for official notarial seal)