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HomeMy WebLinkAboutHDP 92-14; Kipper, Michael; 1992-0834831; Public Facilities Fee Agreement/Release- .---- -4 . L RECORDING REQUESTED BY AND > WHEN RECORDED MAIL TO: > c;-c-, C&k > CITY OF CARLSBAD 1 1200 Carlsbad Village Drive )i CarIsbad, California 92008 ) I 163 LX # 1992-083483: 2?-DEC-1992 03=#0 PH OFFICIAL RECORDS SclN DIE@ COUNTY RECORDER’S OFFICE i3NNETTE Ef;N;; COUNTY RECORDER ;;; 1s: 00 FEES: 26.00 HF: 1.00 Space above this line for Recorder? use Parcel No. 215-493-01 AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY CF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACKI’f?ES FEE THIS AGREEMENT is entered ixrto this &* dav of t?C7%%% 19 ? 2 by ad between “--- . - Michael S. Kipper (Name of Developer-Owner) I an individual , hereinafter referred to as “Developer” (Corporation, Partnership, etc.) whosead&essk 2095 West Vista Way, Suite 212, Vista, CA 92083 (Street) (City, State, Zip Code) and the CITYOF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as “C;;f, whose address is 1200 Carlsbad Village Drive 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: c * n s t r u c t i 0 n of single family residence on said Property, which development carries the proposed name of Kipper residence and Form Approved By City Council April 22, 1986 Reso. No. 9169 1 * -4 I L > s . is hereinafter referred as “Development”; and 164 WHEREAS, Developer filed on the ~Gfbibkq 192 with the City a request lb day of for Grading plan-, Hillside Dev. Permit-Grading Permit-, in-fil,l grading permit approval 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 recognixe 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 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 l?nancial 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. NOW THEREFORE, in consideration of the recitals 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 3.50~6 of the building permit valuation of the building or structures to be constructed in the Development pursuant to the Request. The fee shah 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. Fom Approved By City Council April 22,1986 Reso. No. 9169 2 165 This fee shalI be in addition to any fees, dedications or improvements required pursuant to Titles 18,20 or 21 of the CarIsbad Municipal Code. Developer shah 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 CarIsbad Municipal Code. Condominium shah 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, shah 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 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 sha.lI 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 Car&bad Municipal Code. 2. The Developer may offer to donate a site or sites for public facilities in lieu of ah 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 shaII 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 buihhng or other permits. Such determination, when made, shalI become a part of this agreement. Sites donated under this paragraph shah not include improvements required pursuant to Titles 18 or 20 of the CarIsbad 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 wiII not have the funds to provide public facilities and services, and the Form Approved By city council April 22#19&5 Reso. No. 9169 ” 3 . . 166 . 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. 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. ‘Ihis agreement, shall be binding upon and shall ensure to the benefit of, and shall Form Approved By City Council April 22, 1986 Reso. No. 9169 ” 4 167 , .I 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 Developer3 interest in the property shall have first assumed in writing the Developer% obligations hereunder. 9. This agreement shall be recorded but shah not create a hen or security interest in the Property. When the obligations of this agreement have been satisfied, City shah record a release. Form Approved By city council April 22 1986 Reso. No. 9169 5 168 IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: Michael S. Kipper, a married man, as his sole and separate property CITY OF CARLSBAD, a mticipal corporation of the State of California By: w s. i+ By: Owner-Developer (Title) By: (Title) ATTEST: ALETI-IA L. RAUTE APPROVED AS TO FORM: . . R6NALD G. BALL u Acting City Attorney (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) Fom Approwzd By City Council April 22,1986 Rem No. 9169 A’I -6IIDDAQQ QCIYUAWI QARUQYC s5 0 1991 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave. * P.O. Box 7184 -Cat-m!@ Park, CA 91304-71 State of C%fFbPo/8 County of,GPn, XMebd > 169 CAPACITY CLAIMED BY SIGNER d INDIVIDUAL(S) OnQCT: Ib, 19Qt before me, DATE yp%l /Q?We/~~ &alq&d+ q :~z~’ T,TLE(S) NAME, TITLE OF OFFICER E.G., “JANE DDE, NOTARY PUBLIC 0 PARTNER(S) personally appeared /c/ /C&&r, s. i&p&e , 0 ATTORNEY-IN-FACT NAME(S) OF SIGNER(S) 0 personally known to me - OR - aroved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is&e subscribed to the within instrument and ac- knowledged to me that he/&&they executed the same in his/M%t-heir authorized capacity(ies), and that by his/&f&heir signature(s) on the instrument the person(s), YAYOI MESSERSMVH or the entity upon behalf of which the person(s) Notary Public-Califoha SAN OIEGO COUNTY My cofnmlsslm Expire3 acted, executed the instrument. Witness my hand and official seal. 0 TRUSTEE(S) 0 SUBSCRIBING WITNESS 0 GUARDIAN/CONSERVATOR 0 OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) // n- SIGNATURE OF NOTARY ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document. THIS CERTIFICATE Title or Type of Document @?&A/ 7 of fd8iJc 6QL/7/G 656 MUST BE ATTACHED TO THE DOCUMENT Number of Pages Date of Document AJOr &u r%&% ? . DESCRIBED AT RIGHT: Signer(s) Other Than Named Above -6% . . . . c . EXHIBIT ‘A’ LEGALDESCRIPTION - LOT 56 OF CARLSBAD TRACT NO. 75-4 OF LA COSTA ESTATES NORTH, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 8302, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 5, 1976. Form Appmved By city ckxlncil April a1986 Reso. No. 9169 7