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HomeMy WebLinkAboutRP 82-11; Baker, Neal; 83-043862; Public Facilities Fee Agreement/Release. . w - * 1 r E4.,- 7!%$ ' RECOR.DING r;E-Q&TED BY .dD -+043862 I. WIIEN RECORDED MAIL TO: J *. ) r Ff:f:fi::[:i(~j I:: ---J OFFiCli~,t F:r.:‘i:r:I’??j ( CITY OF CARLSBAD 1, ',I OF 5b.H 'L':i; r;:; :::.!..:;{ y;::f,.i 1200 Elm Avenue 1 Carlsbad, California 92008 ) 193 FEB IO M Xl; I 5 Do‘cumentary transfer tax: J && ,$ No fee . Signs'ture of declarant determining tax-firm name City of Carlsbad . Parcel No. 203-355-4 AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THJ,S AGREEMENT is entered into this a day of by and between Neal T. Baker '. Kame of developer-owner) a (Corporation, partnership, etc.)' hereinafter referred to as i '. "Developer" whose address is 171 North "H" ktreet, San Bernard&o, Calif. 92410 *. (street) . and THE CITY OF JCity, state, zip code.) CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City", whose address is . . Carlsbad, CalifLrnia, 9 2008'. WITNESSETH: . : WHEREAS, Developer is the owner of the realwrty 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 bounderie's of City; and WHEREAS, Developer proposes a development project as follows: REV 4-2-02 . i r .r g -@id L 763 o;i said 'raperty, which -1evelopment carries the p -posed name of *F and is hereafter referred to as "Development"; and I WHEREAS, Developer filed on the 20th day of January 1983 3 19 -' with the City a request for Remodel and add dining area to existing drive-thru - revamp parking area and add landscaping hereinafter referred to as "Request"; and WHEREAS, the Public Faciliiies El'ement 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 April 2, 1982, in file with the City Clerk and incorporated by this reference, and that the City's public facilities and services are at capacity and wil.l not be'available to accommodate the additional need for public facilities and services resulting from . the proposed Development; and l WHEREAS, Devklop-er 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 ;o p'ay 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 pub'l'ic facilities fee. . -2-' , REV 4-2-82 . . . . l e ‘(.a ” ?%I NOW, ‘THERkFORE, ; consideration of the ret 11s 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 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, dedicatiins 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 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 apartment or stock cooperative, The terms, "oth'er construction permits", "other construction permit" 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 undergr.ound or street improvements unless no other permit is necessary prior,to the use or occupancy for which the development, is intended. Developer shall pay to City a public facilities fe,e in the sum of $l,lSO.for each mobilehome space to be , constructed pursuant to Jhe 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'litles 18, 20 or 21 of the , Carlsbad Municipal Code, -3- REV 4-2-82 L . F I ( 2. The Developer may. offer to donate a 61”Ee* AU ‘1 v++ es for public r 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 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 improvement,s 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 P.lan 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 a,nd services sufficient to accommodate the needs of the Development herein described. -4- REV 4-2-8; . ., . -~--- .,.. -_ ,.,,_ _ -._ --.. i 1 . . * , ’ ’ . I! “._ 766 6. Al.1 ob.1 igat ior- hereunder shall terminatl-<n 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 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 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 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 .’ l 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, al) obligations of Developer hereunder shall terminate; provided, however, that any sudcessor 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 satisf,ied, City shall record a release. -5- REV 4-2-82. - . . , . . , ’ - 1. . I!” L ’ . 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 Neal T. Baker -State of California (name) . BY ATTEST: ALETHA L. RRUTXNKRANZ, City Clerk , .APPROVED AS TO F l I - > VINCENT F. BIONQO, JR., City Attorney (1jotarial acknowledgement of executioi by DEVELOPER-OWNER must be attached.) . . . , -6- REV 4-2-82 . c’ : ^.. ., .“.. ._ On this the /may of 19a, before me, I the undersigned Notary Public, personally appeared 0 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 WITNESS my hand and official seal. Yxecuted it. “CI*C”r\LH~nlY”“YLCY”lYlClY 1 runlw f 1 I”“%! NA I IUNAL NU I AliY ASSOCIAl IUN l 23012 Ventura Blvd. l Woodland Hills, CA 91364 State of County 0 On this the sL’r&fay of +i&.A.u‘T- /‘/ l9&, before me, :. I_ the undersigned Notary Public, personally appeared Yf personally known to me 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) 2-J subscribed to the within instrument, and acknowledged that /G,executed it. WITNESS my hand and official seal. A,dLlAId Notary’sSignature GENERAL ACKNOWLEDGMENT FORM 7110052 NATIONAL NOTARY ASSOCIATION l 23012Ventura Blvd. l Woodland Hills, CA91364 . . * ; ,. * ,‘/ ” . L j !. - 769 r “,.I k. * EXHIBIT "A" LEGAL DESCRIPTION Lot‘s 5,6,7, and 8 in Block 67 of Townsite of Carlsbad, * in the city of Carlsbad, County ,of San Diego, State o& California, according to Map thereof No. 535, filed in the Office of the County Recorder of San Diego County, May 2, jssa . . . . _’ .’ i , . . . l . . . . . . . . .‘. .