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HomeMy WebLinkAboutMS 587; Fowkes, James and Martha; 82-227753; Public Facilities Fee Agreement/Release.’ j* Ri3COHDING KFQUESTED BY AND WH E fi R E c 0 R D F: n MA I I, T 0 : .,' > crTY OF CARLSHAD 1200 Elm Avenue ; Carlshad. California 92008 > 82-227753 . . r OF F ECOROEO IN .,‘. KM RECGRCS 1 OFSANCWJ COUNI'f.i;A,i 1982 JUL 26 AM 9: I 3 Space __ ---_-- I~~- above tills l?Jie f , Documentary tran !sf $ No fee w ;$fj?+~ --- --.e ----- Signature of de larant determining tax- firm name City of Carlsbad Parcel N,o. ~ +572/@-3P ‘--- ----m-_I_-mI.-..Y” --s-----e AGKEEXEMT B%TW&:EN DEVRLOPER-OWX;E:K AND THE CITY OF CARLSBAD,FOR THE PAYMENT OF A PUBLIC ??,!CTT,TTIES FEE p-1 TEII:S;c AGKEEMENT is entered in&o this !-Sfay of .&I ---- .- F 1962 , - by and between James L. Fowkes and Martha M Fowkes .I_. -_--b -- -?-----“--- ,nane of developer~~~"-'---*- --- -- a s Individuals ,. hereinafter referred to as --‘-v~---- -'-i?~o~oratlon, --- partners% etc.) "Dev.elop'e'r" whose address is' 2755 Wilson Street (street) : Carlshad, CA 92008 and TTTE CITY dF 'XTt~sl_at e, 2 ipc.ode > -- CARLSRAD, a municipal corporation of the State of California, ” hereinafter referred to as "Xity", whose ad,dress is 1200 elm Avenue; : ,.-1 . "--"\ , : . . ,' ,,/ , Carlcbad, CeliforrLia, 920.08, / x w I T Ii E s s E 'r 1%: ,./ ,/ " ,/* ,' --.-. ,_, ._. WHEREAS, Developer is the owner of the-real property described on Exhibit "A;, attached hereto and made a part of this agreement, hereinafter reEerred to as "Property"; and Wl1EREAS, The Property lies within the boundaries of City; and WHFJREAS, Developer pr3posee a development project as follows: 3 LotMinor Suhdi$iaim, -.--WI- ..I-.---- - REV t-2-82 _- -,., - ** . orr‘said Property, which development carries the proposed name of . . . . . Fgwlces-W-on S3 ----- . and is hereafter referred to as "Development"; and I WHEREAS, Developer filed on the , I 1982, with the City a request for A Tentative -Parcel Map -- hereinafter referred to as "Request"; and WHEREAS, the Public Facilifies Element of the.City General Plan requires that the City Council find that all public facilities necessary to serve a development w-11 be available concurrent with need or such development shall not be approved (said element is on file with the City Clerk and is incorporated hy this reference); and .WHEREAS, Developer and City recognize the correc,tness of Council Policy Mb. 17, dated April 2, 1982, in file with the City Clerk and incorporated by this reference, and that the City's public facilities and Eervices are at capacity and will not be available to accommodat& 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 Y the Development.as it is presently proposed; but the Develdper is aware that fhe 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 Countiil. Policy No. I.! by payment of a public facilities fee. -2- . . REV 4-2-82 . . - . 2151. .- NOW, THEREFORE, ~ 11 consideration of the recLtals and the covenants contained herein, the pa'rties agree as 'follows: 1.' The Developer shall pay to the City a/public facilities fee in an amount not to exceed 2% of the buil'ding permit valuation of the building or structures to be constructed in the Development pursuant to the Request.. The fee shall be paid pri,or 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 bui.lding or structures into condominiums in an amount not to exceed 2% of the building c permit valuation at the time of conversion. The fee for a condomFniun.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 per.mit" and "entitlement for use" as : used in this agreement, except in reference to mobilehome sites or projects, shall not refer to grading permits or other permits for the construction of underground or stre'et improvements unless no other permit is necessary pri.or to the use or occupar,cy for which the development is intended. Developer shall pay to City a publ:c 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 Carlshad Municipal Code. -3- REV 4-2-82 - M-- I, . . $gj$ .. - . 2. The Developer may offer to donate a site or sites for public, fac.ilities 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 determination, when made, shall become a part of this agreement. 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 fa'cili'ties and services, and the development will not be consistent with the :General.Plan and any approval or permit for the Development shaii be void. No building or other construction permit or entitlement for use sha.11 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 tp 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 evide'nce.of adequate public facilities and services . sufficient to accommodate the needs of the Development herein descri.bed. L .- T5s , _ . ‘. 6. All. obligatio..; hereunder shall terminat< 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 authorised representative of such party. Any such notice shall not be effective for any purpose whatsoever.unlessser'ved 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. e 7.2 If notice is given to Developer by personal delivery thereof to Developer or by depositing the same in the IJnited States 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 'Jny interest in the Property, all obligations of Devel'oper hereunder shall termina'te; 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 in the Property. -tihen. the obligations of this agreement have been satisfied, City shall record a release. -5- REV 4-2-82 .- 1 ;’ 2154 ’ IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date 'first written above. DEVELOPER-OWNER: CITY Ol? CARLSRAD, a nuzicipzl coi-poration of the State of California BY James L. Fowkes ^A ,- Owrier ._ (Title) - RY ----- ,- City Manager -_Y_s BY’ Hartha M. Fowkes -- -- Owner nitle) ATTEST: I ALETKA I.,, City Attorney * . (Notarial,acknowledgement of execution by DEVELOPER-OWNER must be attached.) l -6- REV 4-2-82 STATE OF CALIFORNIA $/ COUNTY OF-?!!! D1EGo ss. 4 On JULY 1, 1982 > before me, d i the undersigned, a Notary Public in and for said County and State, * pe&onally appeared JAMES L. FOm> and -----------~R'J'jA Me FOWS-------m-m -------PROVED TO ME ON THE BASIS OF - ------SATISFACTORY EVIDENCE ,d to he the personS whose nameS%%&bscribed to the within uted the same. CHRISTINE GfiIN%% Name (Typed or Printed) Notary Public in and for said County and State EHF-19 (10/70) FOR NOTARY SEAL OR STAMP $ kq.g y,;y !.,..I ‘,:, :,. ‘.,, ;-:ry ,‘, 5. .!I ::::ic! CCL’:qTy ,‘_ _ _ L=- 2 k!y C:mksion hp. Jan. 10, .l~~“~“~. . . - . , L, . . ,‘ . . . 2156 . - . EXfIIRIT “A” -- LEGAT, DESCRIPTION. ” A PORTTON OF LOT 4 OF WILSONIA TRACT, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2169, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY AUGUST 13, 1929, AND PER DEED RiECORDED AS F/P 75-358859, BOOK 1975 OF 0-R. . .