HomeMy WebLinkAbout1980-03-04; City Council; Resolution 6094-A1
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RESOLUTION NO. 6094-A
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, SUPPLEMENT- ING RESOLUTION NO. 6094 APPROVING THE FORM OF AGREEMENTS FOR THE PAYMENT OF PUBLIC FACILITIES FEES, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THEM ON BEHALF OF THE CITY IN ACCORDANCE WITH COUNCIL POLICY NO. 17.
WHEREAS, the City Council has adopted Resolution No.
6094; and
WHEREAS, there is a need to amend the agreements approved
by Resolution No. 6094; and
WHEREAS, the recitations of Resolution No. 6094 are still
true;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad, California as follows:
1. That the above recitations are true and correct.
2. That the City Council hereby approves the attached
agreements entitled, "Agreement Between Developer-Owner and
the City of Carlsbad for the Payment of Public Facilities
Fees" and "Agreement Between Owner, Developer and the City of
Carlsbad for the Payment of Public Facilities Fees".
3. That the provisions of Resolution No. 6094 shall
remain in effect except that the approval of the agreements
attached to Resolution No. 6094 is hereby rescinded.
4. That the City Manager is hereby authorized to execute
such agreements on behalf of the City of Carlsbad.
5. That notwithstanding Section 3, the City Manager may
continue to execute on behalf of the City of Carlsbad agreements
signed by Developers or Owners under Resolution No. 6094 prior
to the adoption of this resolution.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
lity Council of the City of Carlsbad, California held on the
4th day of March , 1980, by the following vote, to wit:
AYES:
NOES None
Councilmen Packard, Skotnicki, Anear, Lewis and Counci 1 woman Cas1 er
ITTEST :
QzL -e Rh*L YLETHA L. RAUTENKRANZ, City Cler
2.
ter recording return to:
ty of Carlsbad 00 Elm Ave.
rlsbad, CA 92008 AGREEMENT BETWEEN ONNER, DEVELOPER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this day of r
19 - I by and between
I (Name of Developer)
a r
(Corporation, partnership, etc.)
hereinafter referred to as "Developer" whose address is
r (Street)
r (City, state, zip code)
and I (Name of Legal. Owner)
-- I (Corporation , etc. )
hereinafter referred. to as "Owner" whose address is
I (Street)
1 (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.
RECITALS
WHEREAS, Owner is the owner of the real property described
on Exhibit "A", attached to and made a part of this agreement, and
- 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:
on said Property, which development carries the proposed name of
and is
hereinafter referred to as "Development"; and
WHEREAS, Developer filed on the day of r
19 , 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 piblic 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 incorporated by this reference); and
WHEREAS, Developer, Owner 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 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
2.
Developer and Owner are aware that the City cannot and will not be
able to make any such findings without financial assistance to 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
* 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 2% of the building
permit valuation of the buildings or structures to be constructed
in the Development pursuant to the Request.
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.
The fee shall be paid
required pursuant to Titles 18, 20 or 21 of the Carlsbad Municipal
Code. A credit toward such fee shall be given for land which has
been dedicated for park purposes or for any fees paid in lieu
thereof pursuant to Chapter 20.44 of the Carlsbad Municipal Code.
Developer and Owner shall pay a fee for conversion of existing
buildings or structures into condominiums in an amount not to
exceed 2% of the building permit valuation at the time of conversion.
*i'he fee for a condominium conversion shall be paid prior to the
i'ssuance of a condominium conversion permit as provided in Chapter
21.47 of the Carlsbad Municipal Code.
community apartment or stock cooperative.
permits'', "other construction permit" and entitlement for use" as
Condominium shall include
The terms "other construction
3.
.. . . ,. . .... - . .. .. ..... . -.-.I
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 underground or street improvements unless na
other permit is necessary prior to the use or occupancy for which
the development is intended.
City a public facilities fee in the sum of $1,150 for each mobile-
Developer and Owner shall pay to
a
home space to be constructed pursuant to the Request.
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.
fee shall be given for land which has been dedicated for park
purposes or for any fees paid in lieu thereof pursuant to Chapter
The fee
A credit toward such
20.44 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.
Owner offer to donate a site or sites for public facilities, the
City shall consider, but is not obligated to accept the offer.
time for donation and amount of credit against the fee shall be
k-termined by City prior to the issuance of any building or other
permits.
this agreement.
include improvements required pursuant to Titles 18 or 20 of the
Carlsbad Municipal Code.
If Developer and
The
Such determination, when made, shall become a part of
Sites donated under this paragraph shall not
3. This agreement and the fee paid pursuant hereto are
required to ensure the consistency of the Development with the
4.
i
t
City's General Plan.
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.
or other construction permit or .entitlement for use shall be issued
until the public facilities fee required by this agreement is paid.
If the fee is not paid as provided herein, the
No building
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 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 and Owner 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
n_otice or by a duly authorized representative of such party.
such notice shall not be effective for any purpose whatsoever
unless served in one of the following manners:
Any
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,
5.
enclosed in a sealed envelope, addressed to the City for attention P
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.
" 7.3 If notice is given to Owner by personal delivery
thereof to Owner or by depositing same in the United States Mail,
enclosed in a sealed envelope addressed to Owner at the address set
forth herein or at such other 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, 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 Developer's
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 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
6.
acceptable to City.
9. This agreement shall be recorded but shall not create a
lien or security interest on the property.
this agreement have been satisfied, City shall record a release.
IN WITNESS WHEREOF, this agreement is executed in San Diego
When the obligations of
County, California as of the date first written above.
OWNER: DEVELOPER:
ATTEST :
ALETHA L. RAUTENKRANZ,
City Clerk
Title
Title
CITY OF CARLSBAD, a municipal
corporation of the State of California
BY City Manager
APPROVED AS TO FORM:
VINCENT F. BIONDO, JR.,
City Attorney
(Notarial acknowledgement of execution by DEVELOPER and OWNER must be attached. )
7.
jfter recording return to:
3ty of Carlsbad 200 Elm Ave. Zarlsbad, CA 92008
1
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this day of 1
19 , by and between
f (name of developer-owner)
a ,hereinafter referred to as
(Corporation, partnership, etc.)
"Developer", whose address is I (street)
, and THE CITY OF
(City, state, 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.
W I T N E S S E T H:
WHEREAS, Developer is the owner of the real property described
on Exhibit "A", attached hereto and made a part of this agreement,
hereinafter ref erred to as "Property" ; and
WHEREAS, the Property lies within the boundaries of City;
and
WHEREAS, Developer proposes a development project as follows:
on said Property, which development carries the proposed name
of .
and is hereafter referred to as "Development"; and
WHEREAS, Developer filed on the day of ?
19 , 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, 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 awzre that the City cannot and will not be able to
make any such finding withou? financial assistance to pay for
such services and facilities; and, therefore, Developer proposes
2.
e
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 shall pay to the City a public facilities
fee in an amount not to exceed 2% of the building permit valuation
of the buildings 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 develop-
ment 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. A credit toward such fee shall be given for land which has
been dedicated for park purposes or for any fees paid 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 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 "other construction
~srmits'~, "other construction permit'' and "entitlement for use" as
used in this agreement, exceptin reference to mobilehome 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
3.
the development is intended.
facilities fee in the sum of $1,150 for each mobilehome 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. A credit toward such fee shall be given
for land which has been dedicated for park purposes or for any fees
paid in lieu thereof pursuant to Chapter 20.44 of the Carlsbad
Municipal Code.
Developer shall pay to City a public
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 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 agree-
ment.
required pursuant to Titles 18 or 20 of the Carlsbad Municipal
Sites donated under this paragraph shall not include improvements
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.
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
If the fee is not paid as provided herein,
4.
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.
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.
such notice shall not be effective for any purpose whatsoever
unless served in one of the following manners:
' Any
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
5.
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 shall be deemed to be reference to and include their
respective successors and assigns without specific mention of such
successors and assigns.
interest in the Property, all obligations of Developer hereunder .
shall terminate; provided, however, that any successor of Developer's
If Developer should cease to have any
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 on the Property. When the obligations
of this agreement have been satisfied, City shall record a release.
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: . e
IN WITNESS WHEREOF, this agreement is executed in San Diego
County, California as of the date first written above.
DEVELOPE R-OWE R : CITY OF CARLSBAD, a municipal
corporation of the State of California
(Name)
BY BY City Manager
(Title)
(Title)
ATTEST :
ALETHA L. RAUTENKRANZ, City Clerk
APPROVED AS TO FORM:
VINCENT F. BIONDO, JR..#
City Attorney
(Notarial acknowledgement of execution by DEVELOPER-OWNER must
be attached.)
7.