HomeMy WebLinkAbout1982-12-07; City Council; 7069-2; Park-In-Lieu feest 4-
CIT IF CARLSBAD - AGENDA. 3ILL
AB#<* '
MTG.
TITLE
PARK-IN-LIEU FEES
DEPT. CA I
DEPT. HD.
CITY ATWW
CITY MOR.*
RECOMMENDED ACTION:
If the City Council concurs your action is to introduce Ordinance
NO. 944-q
ITEM EXPLANATION
The City Council at your meeting of November 16, 1982 directed the City Attorney to prepare documents to allow payment of park-in-lieu fees when building permits are taken out or when the property is
sold. Attached is Ordinance No. q&,a-j( which does that. It also
provides that the obligation to pay fees will be treated as any other subdivision improvement requirement. That is, in order to final the map, it will be necessary for the subdivider to give the City a secured agreement for the fees. A copy of the agreement,
which we proposed to use, is attached. The ordinance gives the City Manager the authority to sign such agreements on behalf of the City.The ordinance also provides that the fee obligation shall be noted on the final map.
At the Council meeting some questions were raised about the workability of using the sale of the property to trigger the fee.
We have recommended that the Assistant City Manager for Development actively monitor the effects of the ordinance and consider recommending any necessary additional amendments to the City Council. -
1 - FISCAL IMPACT \
Fiscal impact has been previously reported to the City Council.
EXHIBIT
Ordinance No. 9b54
(Security Bond - Park-in-Lieu Fee and Subdivision Park-in-Lieu
Fee Agreement are attached for information only. No Council action is necessary)
i
NAME OF
SECURITY BOND - PARK-IN-LIEU FEE
DEVELOPER:
DATE OF AGREEMENT:
TITLE OF AGREEMENT: SUBDIVISION PARK-IN-LIEU FEE AGREEMENT
NAME OF SUBDIVISION:
NAME OF SURETY:
AMOUNT OF BOND:
BOND NUMBER: EFFECTIVE DATE:
PREMIUM:
WHEREAS, the City of Carlsbad, State of California,
hereinafter referred to as CITY, and the Developer names on Line
1 of Page 1 hereof, hereinafter referred to as DEVELOPER, have
entered into an agreement whereby developer agrees to pay a fee
in lieu of park land dedication, which agreement, dated as shown
on Line 2 of Page 1 hereof and entitled as shown on Line 3 of
Page 1 hereof, for
is hereby
incorporated in this agreement by this reference; and
WHEREAS, DEVELOPER is required under the terms of the
park-in-lieu fee agreement to furnish a bond for the faithful
performance of said agreement;
NOW, THEREFORE, WE, the DEVELOPER and the Surety named
on Line 5 of Page 1 hereof, hereinafter referred to as SURETY,
are held and firmly bound unto CITY in the penal sum of the
amount stated on Line 6 of Page 1 hereof, lawful money of the
United States, for the payment of which sum well and truly to be
made, we bind ourselves, our heirs, successors, executors and
administrators, jointly and severally, firmly by these presents.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
The condition of this obligation is such that if the
above bounden DEVELOPER, his/her or its heirs, executors,
administrators, successors or assigns, shall in all things stand
to and abide by, and well and truly keep and perform the
covenants, conditions and provisions in the said agreement and
any alteration thereof made as therein provided, on his/her or
their part, to be kept and performed at the time and in the
manner therein specified, and in all respects according to their
true intent and meaning, and shall indemnify and save harmless
the CITY, its officers, agents and employees, as therein
stipulated, then this obligation shall become null and void;
otherwise, it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in
addition to the face amount specified therefore, there shall be
included costs and reasonable expenses and fees, including
reasonable attorney's fees, incurred by the CITY in successfully
enforcing such obligation, all to be taxed as costs and included
in any judgment rendered.
The SURETY hereby stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the
agreement shall in any way affect its obligations on this bond,
and it does hereby waive notice of any such change, extension of
time, alteration or addition to the terms of the agreement.
///
///
///
///
2.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
IN WITNESS WHEREOF, this instrument has been duly
executed by the DEVELOPER and SURETY above named on
DEVELOPER
DEVELOPER
19 .
SURETY
SURETY
APPROVED AS TO FORM:
VINCENT F. BIONDO, JR.
City Attorney
(Notarial acknowledgement of execution by DEVELOPER and SURETY
must be attached.)
3.
1
2
3
4
5
6
7
8
9
10
11
12 cl 6
19
20
21
22
23
24
25
26
27
28
c
SUBDIVISION PARK-IN-LIEU FEE AGREEMENT
DATE OF AGREEMENT:
NAME OF SUBDIVIDER:
NAME OF SUBDIVISION:
RESOLUTION NO. OF APPROVAL: ADOPTED :
AMOUNT OF FEE:
SURETY AND BOND NO.:
This agreement is made and entered into by and between
the City of Carlsbad, California, a Municipal Corporation of the
State of California, hereinafter referred to as City; and the
Subdivider named on Line 2 of Page 1 hereof, hereinafter
referred to as Subdivider.
RECITALS
A. Subdivider has presented to City for approval and
recordation, a final subdivision map of a proposed subdivision
as stated in Line 3 of Page 1 hereof pursuant to provisions of
the Subdivision Map Act of the State of California, and in
compliance with the provisions of Title 20 of the Carlsbad
Municipal Code, hereinafter referred to as Code, relating to the
filing, approval and recordation of subdivision maps.
B. A tentative map of the subdivision has been
approved, subject to the requirements and conditions contained
in the resolution listed on Line 4 of Page 1 hereof. Said
resolution is on file in the office of the City Clerk and is
incorporated herein by reference and made a part hereof.
///
///
1
2
3
4
5
6
7
a
9
10
11
12 D
19
20
21
22
23
24
25
26
27
28
C. The Code provides that before the final map or
parcel map is approved by the City Council, Subdivider must
dedicate land, pay a fee in lieu thereof, or both. City has
determined that payment of a fee in lieu of park land dedication
in an amount stated on Line 5 of Page 1 hereof is required. The
Code further provides that payment of said fee may be made at
the time that building permits for construction of units in the
subdivision or upon the sale of the first lot on the subdivision
whichever occurs first, provided that subdivider enters into an
agreement secured by an approved security to insure payment of
said fee.
D. Subdivider, in consideration of the approval and
recordation of the final or parcel map by the City, desires to
enter into this agreement wherein it is provided that Subdivider
will pay the fee stated on Line 5 of Page 1 hereof and will
deliver to City an improvement security as approved by the City
Attorney.
NOW, THEREFORE, in consideration of the approval and
recordation by the City of the final map, or parcel map, of this
subdivision, and other valuable considerations, Subdivider and
Ciy agree as follows:
1. Subdivider shall pay the fee stated on Line 5 of
Page 1 hereof at the time subdivider obtains, or causes to be
obtained, building permits for structures, other than public
improvements, in the subdivision; or sells or causes to be sold
lots in the subdivision, whichever occurs first; provided,
however that if building permits are obtained for a portion of
the subdivision or a portion of the lots in the subdivision are
2.
E
7
E
9
1c
11
12 0
19
20
21
22
23
24
25
26
27
28
sold the fee may be paid in increments corresponding to the
portion of the permits obtained or lots sold. If the fees are
paid in increments the subdivider shall remain obligated to pay
the fees for the remainder of the subdivision.
2. Subdivider shall furnish to City good and
sufficient security on forms approved by City, in the amount of
100 percent of the fee stated on Line 5 of Page 1, hereof, to
assure performance of this aqreement.
3. The securities required by this agreement shall be
released upon the payment in full by subdivider of the fee
described herein. If a portion of the fee, described herein is
paid as provided in paragraph 1 of this agreement the security
shall be released in a corresponding amount.
4. In the event that Subdivider fails to perform any
obligation hereunder, Subdivider agrees to pay all costs and
expenses incurred by City in securing performance of such
obligations, including costs of suit and reasonable attorney's
fees.
5, Failure of Subdivider to comply with the terms of
this aqreement shall constitute consent to the filing by City of
a Notice of Violation against all the lots in the Subdivision.
IN WITNESS WHEREOF, this agreement is executed by the
City of Carlsbad, acting by and through its City Manager,
pursuant to Section 20.44,050 of the Carlsbad Municipal Code
authorizing such execution, and by Subdivider.
///
///
///
3.
19
20
21
22
23
24
25
26
27
28
c
DATED this day of f - 19
SUBDIVIDER
SUBDIVIDER
(Notarial acknowledgement of execution of Subdivider must be
attached.)
APPROVED AS TO FORM: CITY OF CARLSBAD, A Municipal Corporation of the State of California
VINCENT F. BIONDO, JR. City Attorney FRANK D. ALESHIRE
City Manager
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
) ss.
On this day of , in the year before me the undersiqned, a Notary Public in and for said State personally appeared Frank D. Aleshire, known to me to be the City Manager of the City of Carlsbad, a municipal corporation of the State of California known to me to be the person who executed the within instrument on behalf of said municipal corporation, and acknowleged to me that such City of Carlsbad, California, executed the same.
WITNESS my hand and official seal.
NOTARY PUBLIC
4.
1s
2c
21
2%
23
24
25
26
27
20
_- A
ORDINANCE NO. 9654
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 20, CHAPTER
20.44 OF THE CARLSBAD MUNICIPAL CODE BY THE
AMENDMENT OF SECTION 20.44.050(d) TO PROVIDE FOR
PAYMENT OF PARK-IN-LIEU FEES UPON THE SALE OF THE PROPERTY OR THE ISSUANCE OF BUILDING PERMITS.
The City Council of the City of Carlsbad, California
does ordain as follows:
SECTION 1: Thit Title 20 of the Carlsbad Municipal
Code is amended by the amendment of Section 20.44.050(d) to read
as follows:
"(a) If fees are required they shall be paid by the
subdivider prior to the issuance of building permits for the
subdivision or prior to the sale of the subdivided property whichever occurs first. If building permits are issued for a portion of the subdivision or if a portion of the subdivision is
sold only the corresponding portion of the fees shall be paid.
The subdivider's obligation to pay the fees shall be noted on
the final map. If fees are required the subdivider shall agree to pay them in accordance with this chapter. The agreement
shall be secured in accordance with Section 20.16.070 of this code. The City Manager is authorized to sign such agreements on
behalf of the City."
EFFECTIVE DATE: This ordinance shall be effective
thirty days after its adoption, and the City Clerk shall certify
to the adoption of this ordinance and cause it to be published
at least once in.the Carlsbad Journal within fifteen days after
its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council held on the 7th day of December I
1982, and thereafker
///
///
///
/// I
.
0
1
2
3
4
5
6
7
a
9
10
11
12
13
14
15
16
17
18
19
2o
21
22
23
24
25
26
27
28
I I
c
PASSED AND ADOPTED at a regular meeting of said City
Council held on the 21st day of De-r , 1982, by
the following vote, to wit:
AYES:
NOES : N0I-E
ABSENT : me
Council J!lembers Casler, Lewis, Kulchin, chick and Prescott
ra,,,d LA+/
MARY H. &ASLEI?, Mayor
ATTEST:
(SEAL)
I
3
.
t 2.
b