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HomeMy WebLinkAboutPCD 65; Strasmann Properties; 84-275561; Public Facilities Fee Agreement/Release- . 1, &- 1329 RECORDING REQUESTED BY AND dHEN RECORDED MAIL TO: CITY OF CARLSBAD- 1200 Elm Avenue Carlsbad, Califorqia 92008 134 JUL 20 p/i 2: 0 7 Space above this line for .DOcUm~entacry t_fansfe<tax:, $ No fee h!d/v., Signature of declarant determining tax-firm name City of Carlsbad Parc.el No. ah5 - AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 5 day of June , 1984 by and between Thomas& & c (Name.of Develope . a Individual ,.:hereinafter.referred to as . . (Corporation, partnershlp, .etc.) . . . "Devel.oper" Encinitas CA 92024 (CltY s State, Zip Code) - a Partnership , hereinafter referred to as (Corporation, etc.) “Owner” whose address'is 550 Havana Avenue (Street) . Lotig Beach, CA 90814 (CltY s 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. D P 17 h-?-Q3 ,,,A 1321 RECITALS WHEREAS, Owner is the owner of the real property described on . Exhibit '!A", attached to and made a part of this agreement, and hereinafter referred to ai "Property"; and . WHEREAS, the F!roperty.lies within the boundaries of City; and . WHEREAS, Developer has contracted with Owner to purchase the Property and pioposes a development project as follows: . 10 unit apartment complex on said Property, which development carries the proposed name of and is hereinafter referred to as "Development"; and WHEREAS, Developer filed o.n the 12 day of ‘June - , 19 84 , * . with the City a request for pl;lnninm F~~,~,, detPrmt{nn, * . . . hereinkfter referred to as "Request"; and * .' WHEREAS; th,e Public Facilities E.lement 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 incorporated by this reference); arid WHEREAS, Developer, Owner and City recognize.the correctness of l Council Policy No. 17 dated April 2, 1982, on file vitti the City Clerk and incorporated by, this reference,, and that the City's public facilities .and services are at cap-acity and will not be available to i . accommodate the additional need for pubiic facilities and services , resulting from' the proposed Development;.and -2- REV 4-2-82 x1 9.4” 13&j -’ . _ WHEREAS, Developer and Owner have 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 th@: Developer and Owner are aware that the City cannot and will not be* -able to make any such ‘findings without financial assistance to pay * for such services,and facilities; and, therefore, Developer and Owner p’ropose 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 and Owner shall pay to the City a public facilities fee in an amount not to exceed 2X; of the building permit valuation of the buildin’g 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 bas’ed on the valuat:ion at thit time. This’ - T 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 and Owner shall-pay a fee for conversion of existing building 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 provided in Chapter 21.47 of the Carlsbad Municipal Code. Condominium shall include community c apartment or stock coop’,-cative. t The terms “other construct ion permits”, “other construction permit” and “entitl‘ement for use” as use.d in this agreement, except in reference to mobilehome sites or . -3- REV 4-2-82 u 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 c l ; development is intended. Developer and Owner shall pay to City a 4 public’facilities fee in the 'sum of $I,lSO’ for each mobilehome space to be constructed pursuant to the Request. The fee shall be paid prior to the issuance of building or other construction permits for the development. This fee shall be in addition to any fees,. dedications or improvements’required according to Titles 18, 20 or 21 of the Carlsbad Municipal Code. 2. The Developer and Owner may offer to donate a site or sites for public facilities in lieu of all or part of the financial . obligation agreed upon in Paragraph 1 above. If Developer and Owner 8. offets to donate a site or sites for public facilities, the City shall . consider, but is not obligated to accept the offer. The time for . donation and amount of credit against the. fee shal1.b; determined by ’ City prior to the issuance of any buildiag or other permits. Such determination, .when made, shal‘l become a part of this agreement. Sites donated under this paragraph shal.1 not include improvements required pursuant to Titles 18 or 20 of the Carlsbad Municipal Code. 3. This agreement and the fee paid pursuant hereto are required to ensure the consistency of the Development with the City’s General . Plan. If the fee is not paid as provided herein, the City will not have the funds to provide public facilities and services, and the (r> - . development will not be consi$‘-ent with t.he General Plan and any approval or permit fo’r 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- ” n -7 I.-@l-Q* ?’ 2 132 4- 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 ar’e available. \ 5. City agrees to provide upon request. reasonable assurances to . enable Developer and Owner 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. . 7. * Any notice from one party to the other shall be in writing, and shall ,be dated,. an-d 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 pur,pose whatsoever unless served in one of _ the following’ manners: I . > - 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 her-ein, 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, q-- - ._ addressed to Developer + the address as may have been designated, po.stage prepaid and certified. -5- REV 4-2-82 8. This’agreement shall be binding upon and shall inure to the benefit %f, and shall apply to, the respective successurs and assigns of Developer, *Owner and the City, and references to Developer, Owner 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 he’reuhder 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. At such time as Owner ceases to have any interest in the.* Property, all obligations of Owner hereunder shall terminate; provided, however, that if any success.or to the Owner’s interest in . the Property is a stranger tocthis. agreement, such successor has first - . . a’ssumed the obl’igations of owner in writing in a form acceptable t.o * City. 9. This agreement shall’ be recorded but shali not create a lien or security interest on the Property. When the obligations of this agreement have been satisfied, City shall record a release. -6- REV 4-2-82 ‘. .i - 13Z6 - IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. I . STRASMANI'PROPERTIES DEVELOPER: TA *&rJ L. HyJ-A OWNER: Fred W. Strasmann, Geril. Partner- /I &@..#%A I (Name) (Sigiatuie ) BY TITLE BY (Name > (Signature) TITLE . ATTEST: CITY OF CARLSBAD, a municipal corporation of the ALETHA L. . State of California L ,_ BY .City Clerk J . * I. . *. . 1 4 f l (Notarial acknowledgement of execution by DEVELOPER and OWNER must be . attached.) . I , -7- REV 4-2-82 $ 1 oil B .s P ul personally known to me (Or Droved to me on the basis 3 t Satlsfactorv) to be the-s) whose-(s) B &/are subscribed to the within instrument and IL 0 5 acknowledged to me that&/she/they executed the same. 2 WITNESS my hand and official seal. a (This area for official notarial seal) CAT. NO. NN00633 TO 1949 CA (7-82) (Agent of Partnership) P i!iixETANCE Ancon COMPANY STATE OF CALIFORNIA SAN DIEGO ss. t COUNTY OF > On June 7th, 1984 before me, the undersigned, a Notary Public in and for Y said State, personally appeared Fred W. Strasmann personally known to me or proved to me on the basis of - ! 2 satisfactory evidence to be the person who executed the within instrument as the agent of the partnership v+2=ac-~-~ 5 that executed the within instrument and acknowledged k-LAz+s~ * to me that he executed the same for and on QFiW-gk~~ SF 4j.:+ 1 behalf of saidpartn=hip and that said partnership BARRARA DUCHARME executed the same. NOTARY PUBLIC 2 Q4WN3PM WITNESS my hand and official seal. SAN DIEQQ OIXINIY My comm. oxplrqs API4 $1, 18% _ -T:N_ w *sy- “.-A.. ..:- Signature U-&L (This area for official notarial seal) . I,, 4 ‘- 1328 EXHIBIT "A" LEGAL DESCRIPTION The Southwesterly 60.00 feet of Lot 1, Block "S" of Palisades No. 2 in the City of Carl&ad,, County of San Dieqo, State of California, according to Map No. 1803, filed in t'he office of the County, Recorder of San Diego County, August 25, 1924. . .