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HomeMy WebLinkAboutUP 92-04; Rollins, Charles; 1992-0264475; Public Facilities Fee Agreement/Release, 3c # 1992-0264475 04-llAY-1992 01348 PO I;Ecorn*~G REQUESTED BY AND ) WHEN RECORDED MAIL TO: C if- C/erk CITy %F CARLSBAD ; ; ,<’ 1200 CarIsbad Village Drive CarIsbad, California 92008 > OFFICIRt RECORDS SAN DIEGO COUNTY RECORDER’S OFFICE ANNETTE E’l;Nb COUNUEECORDER RF: : 26.00 15:OO fr 1.00 Space above this line for Recordeis use Parcel No. AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE (Name of Developer) is and , hereinafter referred to as “Developer” whose address 9267C (Name of Legal Owner) a “Owner” whose address is (Street) J hereinafter referred to as Bceid &h-E+ ,e#&* &&q (City, State/Zip Code) AND the CFIY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as “Cityn, whose address is 1200 CarIsbad Village Drive, Carlsbad, California, 92008. F-Approved 1 ByCiCyCOUndlApri122,1986 lIeso. No. 9169 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 a development project as fotiows: .Gb wh! 1 / TEA//3 on said Property, which development carries the proposed name of #kkce $-&: I z-by and is he I U WHEREAS, Developer filed on the d einafter referred to as “Developer”; and 26 day of &X&# ,19&&h the City a . request for .d:atu+! 0 SC vhrm- 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 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 Mlities and services resulting from the proposed Development; and 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 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 and Fm Approvrd BycitycaxmcilApri122,1986 Reso. No. 9169 2 ,, * ,- A3 .9 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 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 3.5% of the building permit valuation of the building or stntctures 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 shah 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 Car&bad Municipal Code. Condominium shall include community apartment or stock cooperative. The terms “other construction permits”, ” other construction permit” and entitlement of 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 of occupancy for which the development is intended. 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 I above. If Developer and F-W By city council April 22#1986 ho. No. 9169 3 Owner offers to donate a site or sites for public facilities, the City shall consider, but is not A 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 shah 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 service sufficient to accommodate the needs to the Development herein described. 6. All obligations hereunder shall terminate in the event the Requests made by Developers 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 F-Approved ~CicityCbUndlApril22,1986 Rem. No. 9169 4 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 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, 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 hereunder shall terminate; provided, however, that any successor of Developeis 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 successor to the Owner3 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. F=Apprwed ByCi~coUllCilApril21,1986 Rem. No. 9169 IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. OWNER: -- (Signature) / (Signature) ATTEST: ALETHA L. RA DEVELOPER: BY: TITLE: CITY OF CARLSBAD, a municipal corporation of the State of California s&e For City Manager VINCENT F. BIONDO, JR. City Attorney (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) Form Approval ~CitycoundlApril221986 Rae. No. 9169 6 . . +. 423 hl,lA’Clltl’w1S ~.:lSlt’i’li’1~1/\‘1’15 f Slalc of Calilorrlia (licrc iiiscrt IK1IllC illld title Of . pcrsonnlly kriowri lo iiic (of pro IlilIlIC(S) is/arc subscribed to lhc williill ilWuli~cl~1 ;illd nck~iowlcdgcd lo mc Ihal I~c/slic/llicy cxcculcd 11112 smic in I~is/hcr/llicir nutl~orizcd capady(ics), and Ihal by i~is/iicr/ll~cir sip;llurc(s) 011 Ihi: inslrtmcnl Ihc pcrsot$s), or lhc ciitily upoil bciialf of which llic pcrsoii(s) aclctl, cxccutcrl llic instrum3d. (Seal) AI,lA’UlwoSK Cl;lt’l’ll;lCIh’l’lS Slirlc 01’ Cnii~orlliil coullly of 0 011 3/&b /O L bcforc tiic, 5iL-6 c a@ H9#ey (h-c inscrl 11;1n1c d lillc ol the ofliccr), pcrsonslly appcarcd md in W. * 3, F,dM rT .E kl . - pcrsondly known to iiic (or provcii lo n~c on lhc basis ol s;l[isl;r<:[()ry c.v irlcncc) to 1~ ixrs(N4 whc ~~;~inc(s)~larc subscribccl lo Ihc within inslrunmll ;)I)11 iI~~kll()Wlcll~~cll 10 ll1(’ lllill I4&k/lllCy CACC:IIIC~I Ill<y S;III)C ill I&b/[lxir aullmrizccf GlpiKily(iCS), and lililt by hdkdll~cir siglli1lLlrC(s) 011 Ilk - inslrun\cul lhc pcrsol\(S). or lhc cnlily upon [XllillT of which lllc person(s) iKlccl, CxCclllCd lllC iI W I’I’N I SS 1 4 24 EXHIBIT "A" 4 Legal Description THAT PORTION OF GOVERNMENT LOT 2, IN SECTION 32, TOWNSHIP 11 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THB UNITED STATED GOVERNMENT SURVEY APPROVED DECEMBER 27, 1870, LYING SOUTHERLY OF A LINE DESCRIBED AS FOLLOWS: t BEGINNING AT A POINT ON THE EASTERLY LINE OF SAID LOT 2, DISTANT ALONG SAID EASTERLY LINE NORTH 32'19'48' EAST 568.54 FEET FROM THE SOUTHEASTERLY CORNER OF SAID LOT 2; THENCE ALONG SAID , EASTERLY LINE SOUTH 32'19'48' WEST, 34.27 FEET; THENCE LEAVING SAID EASTERLY LINE, NORTH 69'08'09' WEST, 299.41 FEET; THENCE NORTH 83'11'46' WEST, TO POINT "A", 166.57 FEET: THENCE SOUTH 83"22'43" WEST, 199.45 FEET; THENCE SOUTH 24'42'44' WEST, 109.03 FEET; THENCE SOUTH 77'31'24' WEST, 88.55 FEET: THENCE NORTH 64'41'12' WEST, 84.09 FEET: THENCE NORTH 6'32'16' WEST, 120.10 FEET; THENCE NORTH 72'52'25" WEST, 102.55 FEET; THENCE ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 750.00 FEET THROUGH A CENTRAL ANGLE OF 16'58'33", A DISTANCE OF 222.21 FEET TO A POINT WHICH IS RADIALLY SOUTH 1'23'38' WEST, 298.74 FEET FROM ENGINEER'S STATION 121+49.97 ON THE 'A' LINE OF THE FREEWAY IN SAID COUNTY, ROAD 11-SD-78, BASED ON 1962 SURVEY OF THE DEPARTMENT OF PUBLIC WORKS BETWEEN INTERSTATE ROUTE 5 IN OCEANSIDE AND 1 MILE WEST OF VISTA.