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HomeMy WebLinkAboutMS 438; AUSMAN, FRANK; 80-092259; Public Facilities Fee Agreement/Releaseter reeorcing return to: - * *• ' '*" City of Carlsbad ELM AVENUE AGREEMENT BETWEEN DKv'ELOPER-OWffiH 0 AND TL'E CITY OF .CARLSBAD' FOR THE ° PAYMENT OF A PUBLIC FACILITIES. FEE-,. t. . t; «,i rJ 11! i~ r1"7 A • •• - •• ' , ^ O THIS AGREEMENT is entered into this £<£, '& day of NO v-? , by and between Frank Ausman (name of developer-owner) ctn individual ,hereinafter referred to as (Corporation, partnership, etc.) "Developer", whose address is 1131 Sunset Grove Road , (street) CA , and THE CITY OF (City, stc-.t.a, zip code) CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City", whose address is 1200 Elm Avenue, Carlsbad, California, 92008. WITNESSETH: WHEREAS, Developer is the owner of the real property described OTX Exhibit "A", attached hereto and made a part of this agreement, hereinafter referred to as "Property"; and V7HEREAS, the Property lies within, the boundaries of City; and WHEREAS, Developer proposes to construct Two (2) Single Family Dwellings • 1927 on said Property, which development carries the proposed name of _ Frank Ausman _ .- _ _ and is hereafter referred to as "Development" ; and WHEREAS, Developer filed on the $<~7 ^ day of 19 && , with the City a request for a 2 Parcel Minor Subdivision (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, attached to and made a part of this agreement, 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 2. 1928 to help satisfy the General Plan as implemented by Council Policy No. 17 by payment of a public facilities fee. NOW, THEJJSFORE, 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 the amount of 2% of the building permit valuation of the buildings or structures to be constructed in the Development i pursyant to the Request. The fee shall be paid prior to the issuance of building or other construction permits for the Develop- ment and shall be baaed 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. A cre3.it toward such fee shall be given for land which has been dedicated for park purposes or for any fees p&id in lieu thereof pursuant to Chapter 20.44 of the Carlsbad Municipal Code. Developer shall pay a fee for conversion of existing buildings or structures into condominiums in an amount equal to 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. 2. The Developer 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 offers to donate a site or sites for public facilities, the City shall consider, but 3." 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. 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. 4: ' k - 1930 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. 8. This agreement shall be finding 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 cr the City herein shall be deemed to be reference to and 'incluili- their respective successors and assigns without specific r.sntion of such successors and assigns. If Developer should cease to have any interest in the Property, all obligations of Developer hereur.der shall terminate; provided, however, that .. any successor of Developer's interest in the Property shall have 5. 1931 first assumed in writing the Developer's obligations hereunder. 9. This agreement shall be recorded. 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. DEVELOPER-OWNER: Frank Austrian CITY OF CARLSBAD, a municipal corporation of the State of California (Name) /-'T /d//, /-By /", 'V2 H.rrf /Muttf. 'i-L^ Owner -Developer (Title) By By-City Manager (Title) ATTEST: (J~~. - --- _ . - . . .••ARETHA L.RAUTENKRANZ, City Clerty ;ApPROStfEEhAS^TO FORM:> A^PROA^Et}^.VC...-:; / VINCENT ?., £*.. , City Attorney (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) 6. STATE OF CALIFORNIA COUNTY OF San Diego ss. On February 26,1Q«n State, personally appeared Frank 1932 before me, the undersigned, a Notary Public in and for said to be the person whose name_ that he executed the same. WITNESS my hand and official seal. .Signature L^L&rL&^-C'l'^. C- --'t. (I Name (Typed or Printed) IS subscribed to the withi , known to me ged S X'--"'..^ OFFICIAL SEAL § Ji-J'^% CATHERINE E. KAZEBEE '| ' •'-'; •,;H NOTftrO t'UHLlC CALIFORNIA *! PRINCIPAI OFFICE IM --?f ' :ir» '' SAM DIEGO COUNTY U My Commission Expires April 4, 1981 ^ (This area for official notarial Mai) 7 " " i'-V ' 1.933 EXHIBIT A AUSMAN PROPERTY AP # 270-360-19 That portion of Lot 5, in Block "F" of Bella Vista, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 2152, filed in the Office of the County Recorder of San Diego County, March 7, 1929, described as follows: BEGINNING at a point in the Northeasterly line of said Lot 5 that bears South 26058'00" East a distance of 127.05 feet from the most Northerly corner thereof; thence South 43°51'33" West along a line parallel with and 120.00 feet Southeasterly, measured at right angles from the Northwesterly line of said Lot 5, a distance of 220.58 feet to a point in the Northeasterly line of that certain 8.00 foot wide dedication for Park Drive as granted to the City of Carlsbad by Deed recorded , 1979, as File No. of Official Records of said County; thence South 46°08'27" East along said Northeasterly line a distance of 235.85 feet to a point in the Southeasterly line of said Lot 5; thence North 15°10'30" East along said South- easterly line a distance of 166.91 feet to the most Easterly corner thereof; thence North 26°58'00" West along said Northeasterly line of Lot 5 a distance of 164.87 feet to the POINT OF BE- GINNING.