HomeMy WebLinkAboutMS 760; Holmes, Russell & Kathleen; 88-011420; Public Facilities Fee Agreement/ReleaseL
. I
.* “. . .
RECORDING REQUESTED BY AND . WHEN RECORDED MAIL TO: 1
CITY OF CARLSBAD
1200 Elm Avenue Carlsbad, California 92008
‘\\ ‘>. 1,
i ,’ /’
Space above this line for Recorder’s use
Documentary transfer tax: w ,RFY _
-
Signature of declarant determining
tax-firm name
City of Carlsbad
Parcel No. 156-212-10
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this&+Lday of ii2h?dfQ6-,
19 /f 7 by and between Russell Holmes and Kathleen M. Holmes
husband and wife as joint tenants
(Name of developer-owner)
a s individuals , hereinafter referred to as
(Corporation, partnership, etc. )
“Developer” whose address is 3182 Highland Drive
(Street)
Carlsbad, CA 92008
(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”:, 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:
Developer proposes to split 1 lot into 3 lots
REV 7-28-87 ?filD *&Wb
I ,. I,. -. 967 -
on said Property, which development carries the proposed name of
and is hereinafter referred to as “Development”; and
WHEREAS, Developer filed on the c-% -U J day of @---J-v ,
19117, with the City a request for Tentative Parcel Map
approval
hereinafter referred to as “RequestI’; 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 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 financial 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 convenants
contained herein, the parties agree as follows:
-2-
REV 7-28-87
’ s _-.
‘4 ‘_ \ . a
1. The Developer shall pay to the City a public facilities fee in an
amount not to exceed 3.5% of the building permit valuation of the building or
structures to be constructed in the Development pursuant to the Request. The
fee shall 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. 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 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 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 mobile home sites or projects, shall 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 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 mobile home 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.
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 to donate a site or sites for pu.blic
-3-
REV 7-28-87
^_
. . .d ” 969 -
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 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 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 Development herein described.
-6. All obligations hereunder shall terminate in the event the Requests .
made by Developer are not approved.
-4-
REV 7-28-87
s .-, . 970
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 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 ensure to the
benefit of, and shall apply to, the respective successors and assigns of
Developer and the City, and references to Developer City herein shall be
deemed to be references to and include their respective successors and assigns
without specific mention of such successors and assigns. I f 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 in the Property. When the obligations of this agreement have
been satisfied, City shall record a release.
-5-
REV 7-28-87
c 971 -
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 municipal
corporation of the
State of California Russell Holmes and Kathleen M. Holmes
Owner.-Developer
(Title)
MARTIN ORENYI+Q,
For City Manager
ATTEST :
fi.-“rm~~ AS TO FORM:
< ,gj Fe BIONDO, JR. CD-Y AT’T~IRN~
APPROVED AS TO FO$/LE km, /, (;6s-.
RONALD R. BALL
City Attorney
(Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) ‘
-6-
.
4 REV 7-28-87
- * 972 e . .
c , . .
EXHIBIT “A”
LEGAL DESCRIPTION
Those portions of Lots 24 and 25 of Patterson's addition to Carlsbad, in the County of San Diego, State of California, as shown on Map No. 565 on File in the Office of the County Recorder, September 22, 1888, more particularly described as follows:
Commencing on a point on Highland Street, which point is 120 feet North 34O33' West from the southwest corner of said Lot 25; thence measuring North 34O33' West, a distance of 40 feet along said Highland Street to a point, which point is also the Southwest corner of said Lot 24; thence North 34'33' West along said Highland Street, a distance of 40 feet; thence North 55O27' East, parallel with the line between Lots 24 and 25, a distance of 400 feet; thence South 34O33' East, a distance of 80 feet; and thence South 55'27' West, a distance of 400 feet to the Point of beginning.
J. N. 6308 12-18-87
cjh
GENERAL ACKNOWLEDGMENT NO. 201
State of CALIFORNIA
>
On this the a&ay of December 1987, before me,
County of SAN DIEGO ss. GISELA HAUSER ---------------------e
the undersigned Notary Public, personally appeared
$************************#I*****+**
9
QFFICIAL SEAL 2
GISELA HAUSER $ NOTARY WBLIC--CALIFORNIA $
NOTARY BOND FILED IN
SAN DIEGO COUNTY $
* r My Commission Expires July 14, 1989 8 *S***++~~+~+*+*+*+**~~~~~~~~~~~~,~~~
RUSSELL HOLMES AND KATHLEEN M. HOLMES
0 personally known to me
aa proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) -subscribed to the
within instrument, and acknowledged that they executed it.
WITNESS my hand and fficial seal.
gftL 2-w
Notary’s Signat&
7110 122 NATIONAL NOTARY ASSOCIATION l 23012 Ventura Blvd. l P.O. Box 4625 l Woodland Hills CA 91365-4625