Loading...
HomeMy WebLinkAboutCT 79-25A; Daon Corporation; 81-286838; Public Facilities Fee Agreement/Release.__ _.. . _ .._ .._ .t. , - <- . - . &+ter kdording rktur~ to: - . 4 636 . Cit; oi. Larkbad . . . . . c . 1200 Elm Ave. Carlsbad, CA 92008 AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CAtiSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES. FEE THIk AGREEMENT is 19 81, by and between entered into this 8 day of July I ., Daon Corporation '(name of developer-owner) 8 ..a' Corporation ,hereinafter referred to as (Corporation , partnership, etc.) . . "Developer", whose address is 4041 MacArthur Blvd. 8 (street) Newport Beach, CA 92660 ' (City, state, zip .code) . , and THE CITY OF . CARLSBAD, a municipal corporation of the State of California, -hereinafter referred to as."City", whose -. . Avenue, Carlsbad, California, 92008. . . WITNESSETH: WHEREAS, Developer 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 WHFZEAS- t;;le Property lies within the boundaries of City; r-A xc! . WHEREAS, Developer proposes a development'project as follows: Revised Tentative Trw NO- 79-35~ . . ~----A~~~&~ . . ’ . . . I -. _ * . - . . , 8 . l . *: 637 ’ ’ - .* ‘,’ , . . . on said Property, which development carries the proposed name . of Rancheros De La Costa and is hereafter referred to as "Developm&t"; and WHEREAS, Developer filed on the 8 day of V8 . 19 81 , with the City a request for Revision of T@-vP . .Tract Map No. 79-25A . . "(hereinafter referred to as "Request"; and . . . WHEREAS, the Public Facilities Element of. the City G&erdl Plan requires that the City Council find that all public c . , 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 August 29, 1979, on file with the City Clerk and . ' incorporated by this reference; and that the.City% public facilities and services are at capacity and will not be,avai.ldble to accommodate the . a .additional need for public facilities ana 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 1 needs of the Development as it is presently proposed; but the . Developer is aware that the City cannot and will not be able to a' make any such finding without financiai assistance to.pay for such services and facilities: and., therefore, Developer proposes 2. .: . & 7+;u Ql:., : . . . . l ’ . . . . , , *. 6.38 ’ - 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 I . - required-pursuant to Titles 18,' 20.or 21 of the Carlebad Municipal . .-Code. A credit towaird such fee shail 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'cL- stock cooperative. The terms "other construction permits", ‘"other construction permit" and "entitlement for use" &s . - . 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. .',.: . . . l . ,,, .’ , . ‘. . 639. . . ’ I . . _ 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 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. . c 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.:: ': I 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. 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 required to ensure the consistency of the . pursuant hereto are . Development with the _ City's General Plan. . If the fee is not paid as provided herein, the City will not have the fundsto 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 * 4. .. : . . . . l . . . , * ,., .I , . * , 640. ’ - . . . 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 Coukil 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 V . -agencies as evidence of adequate public facilities and services *sufficient to accommodate the needs of the Deve.lopment herein described. I . . : 6. All obligations hereunder shall terminate in the event the Requests made by Developer are not approved. ’ . . 8 7. Any notice from one party to the other shall be in writing, and shall be dated and signed by the party giving such notick 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 . Ma'il, 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. * . . . . . -- ._- --__-.-... . -- .- ._ . , * l - .I l 1 ,. . . . * 6.4 1 ‘ . . . , ’ Mail, enclosed in a'sealed envelope, addressed to Developer at the . ' address as may have been designated, postage prepaid and certified. a. 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 mentionof 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 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. . /// .:-. /// , ///: . . /// . . 6, . . . - . _. . - *’ h sp ’ . - . - , I * . . 642 . . . , . . IN'WITNESS WHEFZOF,' this agreement is executed in San Diego County, California as of the date first written above. EK-OWNER: ;P I li . t . , . l . . . . by .Michaei K. Ryan Vice President, Land Development . D.aon Corporation (Title! CITY OF CARLSBAD, a municipal corporation. of the State of California City Manager BY (Title) . . ATTEST: . City Attorney . . (Notarial acknowledgement of execution by DEVELOPER-OWNER must . be attached.) . . . . STATE OF CALIFORNIA ORANGE > ,I. COUNTY OF s 643 On July 8. 1981 , before me, the undersigned, a Notary Public in and for said State, personally appeared Michael K. Ryan known to me to be the Vice President, 4 Land Development known to me to be the Secretary of the corporation that executed the within instrument, and known to me to be the persons who executed the within instrument on behalf of the corporation therein named, and ac- knowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of OFFICIAL SEAL directors. BETTY ANN POLLACCIA / NOTARY PUBLIC - CALlFORNlA ORANGE COUNlY Betty Ann Pofiaccia Name (Typed or Printed) My comm. expires DEG 21, 1984 (This area for official notarial seal) 4 644 4. 81+86838 PILEIPAOE EJO; --' BOOK l9r EXHIBIT "A" LEGAL DESCRIPTION ~;~~~~~~~~~~~ 9 OFFICIAL RECORDS e SAN MC0 C0UHT7,~C&‘ XRAL.LYLE ~,ECORI'I FR NO FEI A portion of Section 19, 30 and 31'Township 12 South, Range 3 West San Bernardino Meridian, in the City of . Carlsbad, County of San Diego, State of California, . according to official $at thereof. . . . . .