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HomeMy WebLinkAboutRP 85-17; Johnston, Jess and E.M.; 86-236290; Public Facilities Fee Agreement/Release‘_ - 1 \’ 8-=236290 . RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: 3 1836 y-- ~~~~i;~,:irr~,;*i,,: * Cf-i-if‘i,'.,:- f:E[:<.;".. , ! 1 i !?F $;,:; ':: 5:; :::.;!ti .> CITY OF CARLSRAD. [$$ JR’I 1 2 pbj 2: L;g 1200 Elm Aveaue - Carlsbad, California 92008 ) Space above thrs Signature of declarant determining tax-firm name City of Carlsbad Parcel No. 2-04 - OS2 - 0'2, AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE . PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 2-3 day of MJq , 1986 by and be.tween dfSS d E.M. Jo H’AIS Tbnj (name of developer-owner) a pA~rhlEIPS4~~ , hereinafter’ referred to aa (Corporation, partnership, etc.1 "Developer" whose address is 3)ZSO RAMof NhtlGOS R&I (street) BoAJ3Rcc l CJUL$. 9 7003 and TYE CITY OF (City, state, zip code) CARLSBAD, a municipal corporation of the State of California, hereinafter referred to ar "City", whose address Carlabad, California, 92008. 'WITYESSETH: WHEREAS, Developer is the owner of the real pro 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: i.dCTH REV 4-22-86 \ *” . . 1 . i: 1837 - on said Property’ which development carries the propored name of -- and is here&tar teferred to as “Development”; and WHEREAS, Developer filed on the day of 1 19 with the City a request for 5x Sd ? n ACF/GE Cc){74 I A rwlCC/Eb nPf3RRPcfAJTT hereinafter referred to as “Request”; and WHERFAS, 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 April 22, 1986,m file with the City C?erk 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. REV 4-22-86 . ’ . . 01 1838 - ROW, THEREFORE, in consideration of the recitals 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 2.5% 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 2.5% of the building permit valuation at. the time bf 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 mobil.ehome 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 intende,d. Developer shall pay to City a public facilities fee in the sum of $1,150 for each mobilehome space to be constructed pursuant to the Request. The fee shell 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 o<r 21 of the Carlsbad Municipal Code. REV 4/22/86 -3- 2. The Developer may offer to don’ate 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 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. Thim 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 agree8 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. REV 4/22/86 -40 - ,. . 1 - 1840 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 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, addrerned 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 Hail, 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 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 q/22/86 IN WITNESS WREREOF, thie agreement is executed in S@n Diego County, C8litornir aa of the date first written above. DEVELOPER-OWNER: J&r55 4 E.fl. 3Ofl~S7Od (name) CITY OF CARLSBAD, a municipal corporation of t'he State of California BY (Title) ATTEST: APPROVED AS TO FORM ._-- .s VINCENT F. BIONDO, JR., City Attorney (Notarial acknowledgement of execution by DEVELOPER-OWNER must be L attached.) REV 4/22/86 e TT- 16 Rev. 8.82 Partnership Acknowledgment STATE OF CALIFORNIA S-G COUNTY OF > ‘: 1842” ss.” On --- May 28 19 86 I- _, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Jess Johnston & E.M. Johnston personally known to me (or proved to me on the basis of satisfactory evidence) to be the personS that ex- ecuted this instrument on behalf of the partnership, and acknowledged to me that the partnership executed it. Notary Seal WITmmy hand and official seal Notary Public in and for said County and State EXHIBIT ‘(A” . LEGAL DESCRIPTION Lots 13 & 14 in Block 41 of the Town of Carlsbad, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 535 and 775, filed in the Office of the County Recorder of San Diego County, Hay 2, 1888 and February 15, 1894.