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Home My WebLink AboutCP 216; Gerardo, Vito and Linda Lee; 82-242764; Public Facilities Fee Agreement/Release. ,.A. * l _ - : (. ’ ‘v - 95 3 ’ . . RFC’fiRDINC REDUESTKD .BY AND C ( WHEN RECORDED MAIL 'TO: 1 . . . CITY OF CARLSRAD . 1200 Elm Avenue ‘v’EC/, L 1 .v,. r. ’ Carlsbad, California 9200.8 ) . c C0Civ.i y f,~--[~~<~fiin --A NO- FEE Space above this lrne for Recorder’s u*e . , Documentary tranrfer tax: $ No fee . . \ lJ.L Signature of declarant determining tax-firm name City of Carlsbad Parcel No. &I5 - vu0 - /.9 AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CAkLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this d/-oLday of July , 1982 by and between Vita P. Gerard0 and Linda Lee Gerardo, husband and wife as joint tenants (name of developer-owner) as individuals , hereinaftet* referred to as (Corporation,, partnership, etc. 1 “Developer” whose address is 2748 Argonauta Street (rtreet) Carlsbad, CA 92008 (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, Carlabad, California, 92008. WITNES8ETH: . "'WHERBAS, Develdper is the owner of the real property described on Exhibit "A:, 'attached hereto and made a part of this agreement, . . hereinafter referred to as “Property”; and . WHEREAS, The Property' lies within the boutidaries of City; and WHEREAS, Developer proposes a.development project as follows: Create a condominium project REV 4-2-82 -. _ ._-. .._ 954 I , on said Property, whit., development carries the prop,osed name of . . not known at this time and is hereafter referred to as "Development'!; and / WHEREAS, Developer filed on the 26d day of July 19 82 , with the City a request for Tentative Parcel Map and Condominium Permit approval hereinafter referred to as "Request"; and WHEREAS, the Public Faciliti'es 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 April 2, 1982, in file with the. City Clerk and incorporated by this reference, and that the City's public facilities and services are st 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 s*uch finding without financial assistance to pay for such services and * facilities; and. therefore, Developer proposes to help satisfy the General Plan as implemented by Council Poli'cy No. 17 by payment of a public facilities fee. -2- REV 4-2-82 . -_--.. ..- ---____I.^___ _ . 95 p‘ - ;I - NOW, THEREFORE, An consideration of the recitals and the covenants contained herein, the parties agree as follows: 1. The Develdp.er shall pay to the City a public facilities fee in an amount not to exceed 2% of the building permit valuation of the building 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 development and shall be based on the valuation at ‘that tiie. 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. Developer shall pay a fee for conversion o f existing building 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 co.oper’at ive. The terms “other construct ion permits!’ , “other construction permit” and ,“entitlement for use” as 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 no other permit is necessary. prior to the use or occupancy for which the development is intended.- Developer shall pay to City -a public facilities fee in the sum of $1,150 for each mobilehome space to be co,nstructed 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. -3- . . REV 4-2-82 _ ._--pm.. -,---_- -. _ ._ ___ - *b 956 - L 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 permcts. ‘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 he-rein, 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 t,o deposit the. fees paid pursuant to this agreement in a public facilities fund for the financing of public -facilities when the Ci’ty 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 publiE agencies a$ evidence of adequate public facilities and. services sufficient. to accommodate the needs of the Development herein described. -4- ‘w 957 , . ,6.. All obligat ns 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: e 7.1 If notice is given to the City of 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 s&me in the IJnited States Mail, enclosed in a sealed envelope, addressed to De.veloper 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. 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. 9. This agrc?ement shall be recorded but shall not create a lien or security interest in the Property. When the obligationa of this agreement have been satisfied, City shall record a release. -5- REV 4-2-82 _- -T -_l__l-..-v--- . . . . * IJ 958 - , IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first writt-en above. ' DEVELOPER-OWNER: CITY OF CARLSRAD, a municipal corporation of the State of California . Vito P. Gerard0 and Linda Lee Gerard0 Owner-Developer (Title) City Manager (Title) ATTEST: ALETHA L. APPROV -VINCENT F. RIONDO, JR.; City Attorney 1 (Notarial acknowledgement of execution by DEVELOPER-OWNER must be aftached.) i -6- REV 4-2-82 r STATE OF CALIFORNIA COUNTY OF SAN OIEGO t 959 c. ss. Notary Public - California ON July d/o4 ,I982 before me, the undersigned, a Notary Public in and for said State, personally appeared ree I/ proved to me on the basis of et 1 s to be the persons whose I' name -subscribed to the within instrument, ” and acknowledged to me that -they_ executed the same. I / WITNESS my hand and official seal. ACNNOWLEDCMEN~-C~~M~~-W~~~~~ Fom~ 228-h. 3.64 /g&L &? Notary public in and for said SM. ..-..-.~~ .---__.- _. 1 96f - ‘.* L EXHIBIT "A" LEGAL DESCRIPTION Lot 589 of La Costa Meadows Unit No. 4, in the City of Carlsbad, County of San Diego, State of.California, according to Map thereof No. 7367 recorded in the Office of ;the County Recorder of San Diego County on July 19, 1972 gh