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Home My WebLink AboutCT 80-03; Fries, Harry; 81-234735; Public Facilities Fee Agreement/ReleaseT 1 Rdurn tdt w At;;> ‘rl-:j; CxTY i.1:: i’:3J~i,s~A”.jJ~ FO1{ TH.E Eti.J!T!:,:CIC1 l'.%ClI.,I*TilSS PEE --LI----- 5YSIS hG;:ELNENT i:; entered _'1 It0 ,L-his \ /s day of J$&MCA *.., ---. 1.9JL)-, , by and betvee11 &x d!!tuktx, - ---.-- r A -...___ - -=-- .----_ _. ,. .--- _.- ____- --__-^-_-c.-.--l_--I ------ -.r---. (name Or clCV.:L*.~ ijper--owner:) “a-? .~-~~-~ur”~~~~~~~~-~~~- - ,hereinafter rcferr:ed to as ! I-.:; .I. y-.,7 -,r : L .: ,.,-, \wc.!"~.k. L L... --.'-'. - , ,'?. etc.) “DeVelC.~pC?lY” , WkGSE! diZ6.TC?SS iS -sqsZJ&eh~-m ---I- 7 CARLSmD, 2 ::~~xi.c:i~~al. cortrporatioll of the State of California, - . ~]c~~~.-;.~~~f~~~l~~ -- . +L- ~@(y-,-<;d f-0 as "City" , whose fiddress is 1205 Eln: AVt3llX 7 c 2.1: 1. s b ii 3 , California, 9255R. .’ 0 s/-l . w I T N 2.3 s s E T I!: . p]!-~‘3!‘j;:J.s, Dev;?l.opr i 6 the c~vncr of the real p.xoperty cie:;cuibwi on Exhibi 1.: "A" I attached hereto and made a part of this agreement, hcrei!:.zfter referred to as "Pr@pei:ty"; 2nd lw3?~Z~S f the Property lies within the boundaries of City; and ky:f 1 -Lx :t;;&y\ ,5' D'..Vc!i.C)~(3r proposes to constr1ict -e-.--e...--- ._f*~s~o~!c~~~~A~ -----._--- -------.,-- . ..----.-- .--C-------. --- -s-e-- -- -.------ lll-.--l-.-.“-.“.l-_ -.--^-.I . ..- -. -*m-F --.--_ p-1 cmw-3 CP-tr , .) . a”. 19iv - * . . on s&d I’ropcrty , which dcve!.opment carries the proposed name of da/ .-.---. - . . . and is hereafter referred to ~1s "Development"; and * W~EI2mS, r-l Developer filed on the I 31 -dgy of ~drvorj~ I * lQg& with the City a requtist- for d tW+tc;P pclob -Al.td-cahJo~:a; - pevkf- /m30-3~ CP--5;! 0 (herci.na1k.e.r referred to as "Request"; and WHEREAS, the Public Facilities Element of the City General Plan requires that the City Council find that all public \ faci.l‘i.ties 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 3 are at capacity and will not be available to accommodate the ~:ddi-'~;onal nc?ei* - for public f.acilities aud services resulting from the prop0 scd Development; and WHERE AS p Developer has asked then Ciiy to find that public facilities and services will be aGailable to'meet the future needs of the Developmeat as it is presently proposed: but the Devcl.opcr i.s awxe that the City cannot and will not be able to make any such finding without financial assistance to pay for such services and facilities; and, therefore, Dcvel.oper proposes 2. . . . to help satisfy the General Plan as implemented by Council Policy No. 17 by paymcn t of a public facilities fee. NOW, THEI:EFORE, 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 the alt;lount of 2% of the building permit valuation of the buildings or structures to be constructed in the Development issuance of btiiiding or okher 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 pursnznt to Titles 18, 20 or 21 of.the Carlsbad Municipal , * . Code. A credit toward such fee shall be given fcr land which has been dedicated for park purposes or for any fees pf;.id in lieu thereof pursuant to Chapter 20.44 of the Carlsb& Municipal Code, Developer shall pay 2 fee for conversion of existing buildings or . . structures into condominiums in an amount equal to 2% of the building permit valuation at the time of conversion. The fee for a condominium conversion sha1.i. be'paid prier to the iss-ilance of a condominium conversion permit as provided in Chapter 21.47 of the Carlsbad Municipal Code. Condominium shall include community apartment or stock cooperative. . 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 shail be dctcrmined by City prior to the i ssuance of any building or other permits. Such . determination, when madc,shall become a part-of this ' Sites donated under this paragraph shall not include required pursuant to Titles 1& or 20 of the Carlsbad agreement. * improvements Municipal Code. ,3* This agreement and the fee paid l;i;~sziant h~re?:o are required to ensure the consistency of the Development with the City's General Plan. If the fee is not paid as provided herein, the, City will not have the funds to provide public facilities and services, and the Development will not be consistent with the . . Gcnernl,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 f'acilities 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. 4: . ‘- - . I, - _- :’ 1973 6. 211 obligations hereunder shall terminate in the event the Zequests 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. 7 . I. 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 ..z United States 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 finding 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 ~_r the City herein shall be deemed to be reference to and incl-,--2 their ~=--a ,ZY,ctive successors and assigns without specific x%_?tion ~5 i~c-3~ successors and assigns. If Developer should cease to hal;e. 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 5. . first assumed in-writing the Developer's obligations hereunder. 9. This agreement shall be recorded. When the obligations of this agreement have been satisfied, City shall record a release. m IN WITNESS XKEREOF, this agreement is executed in San- Diego County, California as of the date first LJritten above, CITY OF CARLSBfD, a municipal corpcration of the State 02 Californicl BY -_I_--- City Manager ---A * . ATTEST: APPROVED AS TO FO ;sist;m t (Notarial _ ec'Qy~.gl ~s<-,T-. -,-...ent of execution by DEVELOPER-OWNER must be attached.) 6. (Individual) I I STATE OF CALIFORNIA I I ss. COUNTY OF & - 1 :lt*d : ” w .I w : , known to me E to be the person Cm whose name to the within instrument and acknowledged that executed the same. WITNESS my hand and official seal. TERRY LYNN RODRIGUEZ NOTARY PUBLIC - CALIFORNIA 213 (This area for official notarial seal) 1618 .- EXlil6lJ- “A’ &i-234735 Lois 376 dHd 377 o-f b COSTA u/w NO. 5 Cwd / ih Ske v S+e 0-f CdI1’4ornie accerdl~~ to M ap hereof /do. 6600 ‘&.led (--h the O&“& O-C -he Cow& Y Ret--der J sdid Sub Ok 6 coc+# , PblrcC, 1 )O j970. I NO FEE