HomeMy WebLinkAboutMS 662; Swift, Timothy and Judith; 84-292089; Public Facilities Fee Agreement/Release--_ _ __ ___. --7-wI - ~..- -- ~_
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
1
CITY OF CARLSRAD 1 1200 Elm Avenue 1
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Ii’84 AUG - 1 AW r@ 03
Carlsbad, California 92008 )
Space above this line for
Documentary trans fer tax: $ No fee . ..- ---
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NU FEE
Signature of declafant determining "
tax-firm name
City of Carlsbad
Parcel No. 216-240-10
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT ia entered into this.Ji'fl-day of e ,1984
bv and between Timothy C. Swift and Judith A. Swift
husband and wife as joint tenants
(name of,developer-owner)
as individuals , hereinafter referred to aa
(Corporation, partnership, etc.)
"Developer" whose address is 2438 Torrejon Place,
(street)
Carlsbad, CA 92008
(City, state, zip code)
and TYE CITY OF
CARLSBAD, a municipal corporation of the State of California,
hereinafter referred to a8 IrCity", whose addrese is 1200 E
Carlabad, California, 92008.
WITNESSETH:
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WHEREAS, Developer ia the owner of the real property described
on Exhibit "A:, attached hereto and made a part of thie agreement,
hereinafter referred to aa "Property"; and
WHEREAS, The Property lie8 within the boundariee of City; and
WHEREAS, Developer propoaee a development project a8 fol10w8:
Developer proposes to convert an existing duplex into a condominium
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' o,n aaid Property, which development carries the propoeed name of , ,
and is hereafter referred to as 'Development'; and
WHEREAS, Developer filed on the c&w day of ¶
19 84, with the City a requeet for Tentative Parcel Map approval
hereinafter referred to a8 “Request”; and
WHEREAS, the Public Facilities Element of the City General Plan
require8 that the City Council find that all public facilities
necessary to serve a development will be available concurrent with
need or such development ehall 'not be approved (said element is on
file with the City Clerk and ie incorporated by this reference); and
WHEREAS, Developer and City recognize 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 eervicee are at capacity and will not be available to accommodate
,. the additional need for public facilities and services resulting from .
the propoeed Development; and W
WHEREAS, Developer ha8 aaked the City to find that public
facilities and cervices will be available to meet the future needs of
the Development a8 it is presently proposed; but the Developer is
aware that the City cannot and will not be able to make any euch
finding without financial assistance to pay for such services and
facilitiee; and therefore, Developer proposes to help satisfy the
General Plan as implemented by Council Policy No. 17 by payment of a
public facilities fee.
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NOW, THEREFORE, in consideration of the recitals and the
covenante contained herein, the parties agree a8 followa:
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
building or structures to be constructed in the Development pursuant
to the Request. The fee ehall be paid prior to the iesuance of
building or other construction permits for the development and shall
be baaed on the valuation at that time. This fee shall be in
addition to any fees, dedications or improvement8 required pursuant I
to Title8 18, 20 or 21 of the Carlsbad Municipal Code. Developer
ahall pay a fee for conversion o f exieting building or structures
into condominium8 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 convereion 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 this agreement, except in reference to mobilehome sites or
projecta, shall not refer to grading permits or other permits for the
construction of underground or street improvement8 unlesa no other
permit is necessary prior to the use or occupancy for which the
development ie intended, Developer shall pay to City a public
facilities fee in the aum of $1,150 for each mobilehome apace to be .
constructed pursuant to the Requeet. The fee ahall be paid prior to ’
the issuance of building or other construction permits for the
development. This fee shall be in addition to any fees, dedication8
or improvements required according to Title8 18, 20 or 21 of the . .
Carlsbad Municipal Code.
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2. The Developer may offer to donate a site or sites for public
* facilities in lieu of all or part of the financial obligatidn agreed
upon in Paragraph 1 above. If Developer offers to donate a site or
rite8 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
iesuance 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 Carlebad Municipal Code.
3. Thie agreement and the fee paid pursuant hereto are required 1.
to ensure the consistency of the Development with the City’8 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 fe-e required by this agreement is paid. L
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 pubiic 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 need8 of the Development herein
described.
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-: 6. All obligatibns hereunder shall terminate in the event the
Requests made by Developer are not approved. d
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 aet 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. This agreement shall be binding upon and shall inure to the
benefit of, and shall apply to, the respective 8ucce88or8 and assign8 .
of Developer and the City, and. references to Developer or City herein
shall be deemed to be reference to and include their respective
8ucce88or8 and aSSignS without specific mention of such 8ucce88Ors
and assigns. If Developer should cease to have any interest in the
Property, all obligation8 of Developer hereunder ahall terminate; I -
provided, however, that any successor of Developer’8 interest in the
property shall have first assumed in writing the Developer’8
obligations hereunder.
9. This agreement shall be recorded but shall not create a lien .
or security interest in the Property. When the obligations of thi,e
agreement have been satisfied, City shall record a release.
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IN WITNESS WHEREOF, this agreement is executed in San Diego
County, California as of the date first written above.
DEVELOPER-OWNER: CITY OF CARLSBAD, a municiPa1 .
corporation of the
Timothy C. Swift . t State of California
Judith A. Swift .
c
BY
City Manager
Owner-Developer
(Title)
ATTEST:
ALETHA L.
,. APPROVED AS TO FORM:
VINCENT F. BIONDO, JR.,
City Attorney
, . ^
(Notarial acknowledgement of execution by DEVELOPER-OWNER must be
attached.) 1
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EXHIBIT "A"
LECAL DESCRIPTION
Lot 228 of La Costa South Unit No. 3 in the City of Carlsbad,
County of San Diego, State of California, according to Map
thereof No. 6533, filed in the Office of the County Recorder
of San Diego County, November 3, 1969.
gh J.N. 5719 6-27-84
GENERAL ACKNOWLEDGMENT NO. 201
State of California On this the day of 1984, before me,
SS.
County of San Diego
the undersigned Notary Public, personally appeared
Timothy C. Swift and Judith A. Swift ,
0 personally known to me
H proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) are subscribed to the
within instrument, and acknowledged that they executed it.
zd officJ..i.;
Notary’s Signature
7110 122 NATIONAL NOTARY ASSOCIATION l 23012 Ventura Blvd. l PO. Box 4825 l Woodland Hills. CA 91364