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HomeMy WebLinkAbout1985-11-05; City Council; 7777-2; Amend Park-in-Lieu fee ordinanceI_ r7 3 IQ C17 IF CARLSBAD - AGEND. JILL (-g TO AMEND THE PARK-IN-LIEU FEE ORDINAWE TO ESTABLISH THAT THE AMOUNT OF THE LIEU FEES SHALL BE DETERMINED AT THE IEPT. FEES ARE PAID DEPT.HD. CITY ATTYm CITY MGR.X RECOMMENDED ACTION: Introduce Ordinance No. 9dp) . Adopt a minute motion approving the revised park-in-lieu fee agreement and direct the City Engineer to immediately begin using the new agreement. ITEM EXPLANATION Under existing City subdivision law, the park-in-lieu fee is paid at the time the subdivider obtains the building permits, however, the amount of the fee is determined based on the value of park land at the time that the final map is filed. This arrangement costs the City money since the building permit may not be obtained until several years after the subdivision map is finaled. When land is dedicated it is dedicated at the time of the final map and because the City owns the land from that time forward it obtains the benefits of any fluctuations in the land price. Because park-in-lieu fees reflect the cost of park land which would otherwise be dedicated it is necessary that the value of the land and, thus, the amount of the fee be determined at the time the fees are paid. Ordinance No. 9%/ will amend Section 20.44.080(a) of the Carlsbad Municipal Code to provide that the amount of the park-in-lieu fee owed will be determined at the time the fees are in fact paid. Also attached to this agenda bill is a copy of a new Subdivision Park-in-Lieu Fee Agreement. This agreement has been modified to implement the provisions of Section 20.44.080 as amended. We recommend that the City Council approve the new park-in-lieu fee agreement and bond by minute motion and direct the City Engineer to immediately commence utilization of the new agreement. FISCAL IMPACT Because the price of land within Carlsbad continues to escalate, adoption of an ordinance which will establish the amount of the park-in-lieu fee at the time the fees are paid should result in significant additional revenues available for development of parks within the City. EXHIBITS Ordinance No. zyf/ . Subdivision Par -in-Lieu Fee Aqreement I Security Bond Park-in-Lieu Fee SUBDIVISION PARK-IN-LIEU FEE AGREEMENT DATE OF AGREEMENT: NAME OF SUBDIVIDER: NAME OF SUBDIVISION: RESOLUTION NO. OF APPROVAL: ADOPTED : AMOUNT OF LAND REQUIRED: ESTIMATED 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. 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 in lieu of dedication of the amount of land stated on Line 5 of Page 1 hereof that payment of a fee in lieu of park land dedication in an estimated amount stated on Line 6 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 equal to the fair market value of the land 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 a fee equal to the market of the land stated on Line 5 of Page 1 hereof at the time subdivider obtains, or causes to be obtained, bu lding perm for structures, other than public improvements, in the subdivision; or sells or causes to be sold lots in the 2. value ts .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 sold the fee may be paid in increments corresponding to the portion of the permits obtained or lots sold. The fair market value of the land shall be determined at the time the fees are paid, and shall be based upon the average estimated fair market value for the park area of the City in which the subdivision is located. If the fees are paid in increments the subdivider shall remain obligated to pay the fees for the remainder of the subdivision, the amount of said remaining fees shall be based on the fair market value at the time of the payment of the fees. 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 6 of Page 1, hereof, to assure performance of this agreement. Subdivider agrees that the amount stated is an estimate based on the fair market value of the land at the time of the execution of this agreement and notwithstand- ing this estimate, the subdivider shall be obligated to pay the fee determined at the time of payment. 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 3. .obligations, including costs of suit and reasonable attorney's fees . 5. Failure of Subdivider to comply with the terms of this agreement 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. DATED this day of I 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 F. 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 FGank-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 SECURITY BOND - PARK IN LIEU FEE NAME OF DEVELOPER: DATE OF AGREEMENT: TITLE OF AGREEMENT: NAME OF SUBDIVISION: NAME OF SURETY: AMOUNT OF BOND: BOND NUMBER: EFFECTIVE DATE : 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 2 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 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. 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. Further, in addition to the face amount specified herein, it is agreed that surety shall be responsible for any increases in the amount of the obligation secured hereby resulting from proper adjustments to the fee in lieu of park land dedication made pursuant to the agreement which is incorporated herein. 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. IN WITNESS WHEREOF, this instrument has been duly executed by the DEVELOPER and SURETY above named on DEVELOPER DEVELOPER APPROVED AS TO FORM: VINCENT F. BIONDO, JR. City Attorney SURETY SURETY (Notarial acknowledgement of execution by DEVELOPER and SURETY must be attached.) c 2 3 4 5 6 7 a 9 10 11 12 1E 1s 2c 21 22 22 24 25 26 27 2E ORDINANCE NO. 9781 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 20.44.080(a) TO ESTABLISH THAT THE AMOUNT OF THE PARK IN LIEU FEE SHALL BE DETERMINED AT THE TIME THE FEES ARE PAID. The City Council of the City of Carlsbad, California does ordain as follows: SECTION 1: That Title 20, Chapter 20.44 of the Carlsbad Municipal Code is amended by the amendment of Section 20.44.080(a) to read as follows: "(a) Where a fee is required to be paid in lieu of land dedication, the amount of such fee shall be paid upon the fair market value of the amount of land which would otherwise be required to be dedicated pursuant to Section 20.44.040. The fair market value shall be determined at the time the fees are paid based upon the average estimated fair market value for the park area of the city within which the subdivision is located. The City Council may establish park areas and the average estimated fair market value of land within each such park area by resolution. This average estimated fair market value shall be adjusted annually by the City to reflect any changes in property value within the park areas." 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 I day of November Carlsbad City Council on the 5th 1985, and thereafter /// /// /// /// 1 2 3 4 5 6 7 a 9 10 11 12 18 19 20 21 22 23 24 25 26 27 20 L PASSED AND ADOPTED at a regular meeting of said City Council held on the 19th day of November I 1985 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Chick and Pettein NOES : None ABSENT : Council Member Casler APPROVED AS TO FORM AND LEGALITY VINCENT F. ATTEST: L!k&d ALETHA L. RAUTENKRANZ, City C qk