The URL can be used to link to this page

Home My WebLink AboutMS 559; Passage, Paul and Beth; 81-385903; Public Facilities Fee Agreement/Releasefifp- rkording return. to:- +. Ci& of. Carkbad 7200 Elm Ave. Ca'rlsbad, CA 92008 ?A y 02 i. -2. AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE OF1 :.; i::. !:.;::Qaas )AN 3iii;,) l;,:Ii$;T)', CA YERS; I.. &YLE l R!Xtir\Q#- I THIS AGREEMENT is entered into this Jd day of &&Imm 1987 I by and between PAUL A. & BETH L. PASSAGE '(nam of developer-owner) F a ,hereinafter referred to as (Corporation, partnership, etc.) - "Developer", whose address is 2747 WEST UN ION DRI’VE F (street) -Y-- yvI---- ‘. PHOENIX, ARiZONA 85027 F and THE CITY OF . (City, state, zip code) . . CARLSBAD, a municipal corporation of the State of California, I 'hereinafter referred to as."City", whose address is 1200 Elm . Avenue, Carlsbad,. Cilifornia, 92008. . WI TNI? S S E.T H: WHEREAS, Developer is the owner of the real property described . on Exhibit "A" I attached hereto and made a part of this agreement, hereinafter referred to as "Property"; and PZ~~;i~AS, the Property lies within and the bouildaries of City; WHEREAS, Developer proposes a development'project as follows: DIVIDE AN EXISTING PARCEL OF LAND INTO TWO PARCELS CONTAINING 0.31 ACRFS -I_ - AND 5.35 ACRES OF :AND + . . .‘.I .. -- ..- . . . - on said Property, which development carries the proposed name . of PASSAGE PARCEL MAP . and is hereafter referred to as "Development"; and WHEREAS, Developer filed on the 35 day of )I- , 19/f/ F with the City a request for APPROVAL OF A TENTATIVE PARCEL MAP CONTAINING TWO PARCFIS . (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 L \ 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 I 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? public facilities and services are at capacity and will not be,availdble 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 financi'al assistance to pay for I such services and facilities; and, therefore, Developer proposes 2. . . : . to help satisfy the General Plan as implemented by Council Policy ' No. 3.7 'by payment of a public facilities fee. NOW, TIIERE'FORE, 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 2% of the building permit valuation of the buildings or structures to be constructed in the Development I 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 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 I, been dedicated for park purposes or for any fees paid in lieu thereof pursr!ant to Chapter 20.44 of the Carlsbad Municipal Code. Developer shall pay a fee for conversion of existing buildin.gs'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 pr0vide.d in Chapter 21.47 of the Carlsbad Municipal Code. Condominium shall include community apartment or stock cooperative. The terms "ofher.construction permits", ‘"other construction permit" atid "entitlement for use" as .' used in this agreement, exceptin reference to mobilehome sites or projects, shall.,not the construction of refer to grading permits or other permits for underground or street improvements unless no other permit is necessary'prior to the use or occupancy for which . 3. 0' ',. , I. - .__.... - __ -. _ _ . _ .-. _ . ’ - . . . . 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. A credit toward such fee shall be given s for land which has been'dedi-cated for park purposes or for any fees : . paid in lieu thereof pursuant to Chapter 20.44 of the Carisbad Municipal Code. CI 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.td~ ': . 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 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 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 a ' 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 Deve.lopment herein described. 6'. All obligations hereunder shall terminate 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 no% be effective for any purpose whatsoever unless served in. one of the- following manners: 7-l If notice is given to the City by personal delivery ;:hdreof 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 Develofier by,personal delivery thereof .to Developer or by depositing the same in the United States 5. . , _.__ -_.-*_. ^I._. - .---. . . ” I 6 , * ..,io; 4’07 -i . c . . 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 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 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. ///: ‘. iv . /// /// - . . . //‘/ . ‘ . . ” 9 . . ,- , u * . . : , * r . . Jj 408 SN'WITNESS WHEREOF; this agreement is executed in San Diego County, California as of the date first written above. . r DEVELOPER-OWNER: CITY OF CARLSBAD, a municipal corporation of the State of California ,, . BY . ’ . OWNER . (Title), . BY City Manager . . BY OWNER . Y . . (Title) . . . ATTEST: VINCENT F. BIONJ70, JR.., City Attorqe!;: . . . (Notarial a.cknowledgement of execution dy DEVgsR-OWNER ml:st - . be attached.) //-J-d-/ I . . .’ L . .X1,’ * *,,O(. 4 0.9 ’ .A ” _’ a ’ : :. . EXHIBIT "A" LEGAL DESCRIPTION . . .I 1 . . *. t 4 . THE LAND REFERRED TD HEREIN IS SITUATED IN THE STATE OF CALIfORNIAv COUNTY OF SAN DIECOT AND XS DESCRIdED AS FOLLOWS: ALL THAT PORTION OF TRACT 245 OF THUM LAkDSt IN THE CITY GF CARLSBADv COUNTY OF SAN DIEGOT STATE Of CALIFOYNIA, ACCDRUIF(G TO MAP THEREOF N3. 1681r FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DXEGO COUNTYr DECEHBkR 9t 19151 DESCRIBED AS FilLLOrtS: 2 1 i I i . / b i ; l i r i I BEGItiNING AT A CONCRETE MONUMENT MARKING THE TNTERSECTICN OF THE CENTER LINES L)F VALLEY STREET AND- MAGNOLIA AVENUE AS SHDYN ON SAID M44P NO. 1681; THENCE ALONG THE CENTER LINE OF VALLEY STREET, NORTH 28’39 dEST A DISTANCE OF 466.88 FEET TO THE MOST EASTERLY CdRNER 3F THAT PORTION Of SAID TRACT 245 CONVEYED BY TtiE SOUTH COAST LA&D CCHPANY TG J3HN J. AND LOLA 0. SWARTZEAUGH BY DEED DATED MAY 11 t 1928 AND RECORDED IN BOOK 14879 PAGE la1 OF DEEDS; THEME ALOhiG THti SOUTHEASTERLY LINE CF THE PROPERTY SO CONVEYED TO SWARTZBAUGH~ SOUTH 61’21’ kEST A DL STANCE (3F 593.15 FEET TO A POINT; THENCE SOUTH 28’39. EAST PARALLEL uITH THZ SAID CENTER LINE CF VALLEY STREET A DISTANCE Of 466.&8 FEET TO A POINT Oh THE CENTER LINE OF SAID MAGNOLIA AVENUE; THENCE ALaNG THE SAID CENTER LINE OF HAGWLIA AVEhUE NORTH 61’21’ EAST A DISTANCE OF 593.15 FEET TO THE PUINT OF BEGINNING. T