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Home My WebLink AboutRP 87-08; Calvert, Gene and Hill, Richard & Sara; 87-532308; Public Facilities Fee Agreement/Release, 3 978 - RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: 1 CITY OF CARLSBAD ; 1200 Elm Avenue r”:;; yy 2 1 ;2y i?: 1 15 Carlsbad, California 92008 1 \‘E!i;; i*. !_‘:“i, F [;s;,)h] *f iii-i:,, 1,‘ ! i; -Me . ..-I Space above this line for Recorder’s use A&&&s%% Signature of declarant determining tax-firm name City of Carlsbad Parcel No. 203-054-07 AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 12th day of August , 1987 by and between GENE CALVERT (Name of Developer) an INDIVIDUAL , hereinafter referred to as (Corporation, partnership, etc. ) “Developer” whose address is 512 W. California Ave. #113 (Street) Vista, Ca. 92083 (City, State, Zip Code) and RICHARD L. HILL & SARA M. HILL (Name of Legal Owner) a INDIVIDUALS , hereinafter referred to as (Individual, Corporation, etc. ) “Owner” whose address is P. 0. Box 1935 (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. &?? f-;y 7-28-87 *+ . . . RECITALS WHEREAS, Owner is the owner of the real property described on Exhibit “A” : , attached to 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 has contracted with Owner to purchase the Property and proposes a development project as follOwS: Three one bedroom apwtments zud 1800 sa. ft. csce. on said Property, which development carries the proposed name of and is hereinafter referred to as “Development”; and WHEREAS, Developer filed on the 19 97 , with the City a request for hereinafter referred to as “Request”; 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 August 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 -2- REV 7-28-87 ,. : . . . . . ’ WHEREAS, Developer an public facilities and services will Development as it is presently aware that the City cannot and without financial assistance to I ‘3 980 d Owner have asked the City to find that be available to meet the future needs of the proposed ; but the Developer and Owner are will not be able to make any such findings pay for such services and facilities; and therefore, Developer and Owner propose 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: 1. The Developer and Owner 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 and Owner 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. -3- REV 7-28-87 . . . . J cl - 981 Developer and Owner 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 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 offer 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. 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. -4- REV 7-28-87 : - 4 . . ; ,. . 982 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 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. a. This agreement shall be binding upon and shall ensure to the benefit of, and shall apply to, the respective successors and assigns of Developer, Owner and the City, and references to Developer, Owner or City herein shall be deemed to be references 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. -5- REV 7-28-87 ’ , * . . . I i l / *- Jj 983 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 successor to the Owner’s interest in the Property is a stranger to this agreement, such successor has first assumed the obligations of owner in writing in a form acceptable to City. 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. IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. OWNER: DEVELOPER: RICHARD L. HILL (Name) (Signature) ATTEST : ALETHA L. RAUTENKRANZ, City jClerk APPROVED AS TO FORM: VINCENT F. BlbNDO. JR.. 8*aO*&?. City Attorney GENE CALVERT I A BY _ QLQ TITLE BY TITLE CITY OF CARLSBAD, a municipal corporation of the State of California BY For City Manager (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) -6- REV 7-28-87 . *. - ; \- i .S*’ *,,c. 4 .* I . ..’ -1 3 984 5 EXHIBIT "A" LEGAL DESCRIPTION APN# 203-054-07. The southerly 51 feet of Lot 6 of Seaside Lands, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1722, filed in the office of the County Recorder of San Diego County,July 28, 1921 The northerly line of the said 51 feet being parallel with the dividing line between Lots 5 and 6 in said Seaside Lands. \ STATE OF CALIFBRNIA \ . /f ( iJ ‘I id State, personally appeared OFFICIAL SEA’ JUDY MC COWAN NOTARY PUBLIC - CALIF@RNIA !W DIEGO COUW’Y Mv wmm. exhres OCT 13. executed it. WliNESS my hand and official ACKNOWLEDGMENT-General-Wolca~ls Form 233CA-Rev 5-02 01982 WOLCOTTS, INC. (price class 8-Z)