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Home My WebLink AboutCT 80-39; Kamar Construction Company; 81-234737; Public Facilities Fee Agreement/Release‘. _ . I . ‘, . : , : -. ’ . . *- : .I .- , . .-. 9. . . . . After recording r&m to: %' . City-~;:. &sbad 12Oci Elm Ave. Car'lsbad, CA 92QQ& W&,EMENi' BETWEEN DEWZOPER-3?U'NER - .‘ cg- Efo-sp/ . PiiD 23 zi?y; Rw.M3~~ AND THE CITY OF CARLSRAD FOR TIIE . . * PAYMENT C?F'A PUBLIC FACILITIES FEE . * . : THIS AGREEMENT is entered into thisah, day o2 SW c 198r3 I by and between . X&r Coqstruction~Co. . . I ' l ’ (name of developer-owner) . d Parknership * ,hereinafter' referred to as (Corporation , partnership, etc.) I . ?Devebper", whose address is 325 Elm Avenue c * (st33ze.t) . s . Carlshad, Ca. 92008 ' '(City, state, z&p code) . g -ina CARLSBAD, a municipal corporation of the'Stat@ of THE CtiY OF . California, . . . . hereinafter referred to. as "City", whose addres Avenue,' Car&bad,. California, 92008, * . . . '9 . * '.W 3: ‘i!N~E S S E'T H: 0 . . . 0 WHEREAS, Developer is the owner of the real, property described * on Exhibit ."A*', attached hereto and made a part of this agreemen$, -hereinafter referred to as "Property"; and . the boundaries of City; e WEEPEAS, the Property lies within *an& , . . .a . WHEREAS, Developer proposes a development project as follows:. . . , : * 7 Sing&e Family DWellirxs . , * * . . . VERiZ i* LYLE NO & an-*r:QQmn 3? i ,L,: .- .\ ’ . 1 , d . : ‘. - . . 1986 .. I i. on said Property, which development carries the proposed name of Lagma Bi.vi&a Unit 1? . and is hereafter referred to as "Developn;ent"; and ! WHEREA$, Developer filed on the _ 5thday of September.. . I . . lb0 t . with the City a request for PUD wv P (q-40 -39, pm- 2.3) . t : . \ / .' . (hereinafter referred to as "Request": and WHEREMt the Public Facilities Element of the City General Plan reqaires that the City Council 'find that a%1 public ,facilities neoessary to &e&e a development will be available . 9 concurrent with need or such development shall not be approved . (said element is on file with the City CL&k.and is incorporated by this reference: and *' . . . * * ~WHERE3:SB Developer ang City recognize the correctness of s - .Council Policy No. 17, dated August 29, 1979, on Pile with the City. Clerk and dncorporated by this reference, and that the Cit.y"s pub.ISc facilities and services . ' are at capacity and will not be available to accommodate the . additional need for publ5.c facilities and services resulting * . . e from the proposed Devekopment;' and . . . WHEREA§;'Developer has asked the City to find that pubTic l . facilities and services will be available to me&t the future . needs of the Development as it is presently proposed: but the . Developer is aware that the City cannot and will not be zlible to make any such finding without financial assistance to pay for such services and facilities; and, therefore, Devel.oper proposes . , * 2 . . . . . a . . * . . . I * . . * t. & . 1987’ 1 . . . . ’ , I , / , . . e # a . . . . . to help satisfy the General Plan as implemented by Council Policy No. 17 by payment of 4 public facilities fee. ' 'NOW,'THE~FOPE, in consideration of the recitals and the - covenants contained herein, the parties agree as foILLows: . 1. The Developer sha$l pay to the.City a public facilities fee in an amount not to' hxeeed '2% of, the bui3Dding permit valuation : of tha buildings or structures ko be contitructed in the Development pursuant to the Request. The feb shall be paid prior to th,e issuance of building or other constaruction permits for the develop- ment and.sha3.l be based on the valuation at that time, This fee shall be in addition.to any fees, dedications or improvements \ required pursuant to Titles 18, 28 or 21 of the Carlsbad Municipal . Code. A credit toward s&h fee shall be givenfar land which has been dedicated for park purp&es or for any fees paid in lieu . .' thereof pursuant to Chapter 20,44 of the Carlsbad Hunicipal Code. . Developer &al.+ pay a fee for conversion of existing buildings or stru&uxes into condominiums in an amount not to exceed 28 of the . building permit valuation at the time of con.version. 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 P&nicipal Code, _. Condominium shall include community . apartment or stock cooperative. The terms 'other construciion . pekmits", "other construction permit" 'and."entitlement for use" as 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 p&r to the use oroccupancy for which '3. .' . s * . . .I . ! I . . ‘. , . I . , 1988 . . * i . I . the development is intended, Developer shall ,pay to City a puhli& . . facilities fee in the sum of $l,l.50 for each'mobilehome space,to be / . . . ; . * . . . . * Constructed pursuant to 't&e Request, The fee sha?H, be paid prior to the issuance of building or &her: construction permits for the . development. This fee shall be in addition to any fees# dedications or 5mprovcme.nt.s required according to Titles 18, 20 or %f of the Carlsbad Nunicipal Code, A credit toward such fee- shall be given . for land'which ha$ been dedicated for park purposes or for-any fees paid.in lieu thereof pursuant to Chapter 20-44 of the CarEsbad Municipal Code. " 2, The bgeveloper may offer to donate a site or sites for 'public agreed donate . facilities in lieu of aPI or part of the financial obligation upon in Paragraph I&. above. Xf Developer offers-to I~ : a site or sites for public facilities, the.City shall . consider, but is not oh3.igated to accept the offer. The time for donation and amount of credit against the fee shall be detemined by City prior to the issuanCe of any'huilding ar 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 CarEsbad Municipal. . Code. . . . 3.. This'agreement and the fee pa'id pursuant hereto are required t6 ensure the consistency of the Development with the City's General Plan, Xf the fee is not paid as provided herein,. - the City will not have the funds to provide public facilities and . services, and the Development $11 n6t he consistent with the. Generai Plan and any approval or permit for ihe Development-shall . . . . . , . , ; i I IO ’ 12 c * . . * ‘. 1989 ’ I . i be void. No building or other construction 'permit or entitlement foruse sha.32. be issued vntil the public facilities fee require'd by ' , this agreement 4, city . agreement in a is paid. agre&s'to deposit the fees . pub%ic facilities fund for P paid pursuant to this the financirig of public facilities when the City Council determines the need exists to Grovide the facikitiek and sugficient funds from the payment,of l . this and similar public facilities fees are available. 5. City agrees to provide upon reqliest reasonable assurances to enable Developer to comply with any r:equirements,of other public _ ! . - agencies as evidence of adequate DubLic'facilities~and services sufficient to accommodate the needs bf the Development herein . described. All obligations hereunder shhli terminate in the event . . 6. '. . the Requests made by Developer are not a&roved. , * 70 Any notice-from one party to the other shall be in . . writins, and shall be dated and signed by the party giving such * notice or by a duly authorized representative of such party. Any e . such notice shall not be effective for any purpose wha-t;soevei ,-,-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 Le .l “Mail, .addressed to the City at the address set forth-here+n, enclosed in a sealed envelope, addressed to the City for attention of the City Maniger, postage prepaid and certified.. * 7.2 If notice is gi\en to Developer by personal delivery thereof to Developer or by depositing the same in the United States 5, - . * * . I * * . 1990 . Mail, enclosed in a sealed envelope, addressed to Developer at the .add&ess as may have been designated, postage prepaid and certified, ' 8, This agreement shall bH binding upon and shall inure to . the,benefit of, and sha1.l 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 kuccessors 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 ,.I 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. . /// . . . . /I/ . . . ///’ . . . . /// . . . . . ‘/// . :. /If . . . /// . . /// ‘/// . . . I “* 16~ . . . . . . * * . ’ l : ^ . . , fN WIVESS WHEPSOF, County, California as of ' DEVELOPER-OWNER: . . - 1991 i . this agreement is,executed in San'Diego the date first written above, /glA$+&/ (Title) 0. CJTY QP CARLSBAD, a municipal corporation of the State of California . BY - City Manager , "(Title) . ATTEST; . . . ,’ I - , . , APPROVED City Attorney . I * . (r . . e . . (Notarial acknowledgement 03 execution by DEVELOPER-OWNEk'kust be attached.) . ‘: 7. . STATE OF CALIFOR A COUNTY OF- !! an Diego ss. On September 9, 1980 before me, the undersigned, a Notary Public in and for said County and State, fxrero;~aa tpper6iBoTIs 1992 SAFECO FOR NOTARY SEAL OR STAMp known to me to be one of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. Signat OFFICIAL SEAL PAMELA A. JONES i NOTARY PUBLIC-CALIF. PRINCIPAL OFFICE IN SAN DIE60 CWllTy mmksian Expires Jan. 21,1983 1 ’ ‘MU’NltlPtU CNGlNLtP1NG , V~ru~TpNs. SUWEYS OtflGN. SUPLPVISIOW . 1993 MEMBLI RAVMOND R. RlBiL AMEWCAN SOCtETf CIYIL CHGINELRS , CIVIL AND SANITARY ENGINEER 770 SO. 8REA BLVD.. SUITE 293 BAEA. CALIFORNIA 92621 529.4991 &><N ISIT’ ‘A” Boundary-Description Laguna Riviera NO. II, CT 80-a - ,That portion of Lot I o'f Ranch0 Agua Hedionda, in. the City'of Carlsbad, County of San Diego, State of California, according to Map No 823 filed in the office of the County Recorder of San Diego County December 16, 1896 described as follows: , Beginning at the most southerly corner of ta8una Riviera Ikit No. -5 according to Map No. 7260 filed in the office of the County Recorder of San ZDiego County April 18, 1972, said poi-nt being in the, arc of a 520 foot radius curve concave Westerly, a radial line through said ps'int of beginning bears South 69051'13" West; thence South 69O51'13" West& 150.00 feet; thence South 12°26'OO" East, GO.OCI feet; thence South 3 33'36" West, 120.00 feet; thence South 7o33'36" West 294.00 feet to a point in the Northerly boundary line of Park Drive; 1 thence South 82Oy6'24" East along said Northerly' line of Paxk Drive to the beginning of a circular curve concave WestewS.y, having a radius of 20.00 feet; said point also being a point in the boundary line of Laguna Riviera Unit No. 4 according to Map No. 6529 filed in the office of the County Recorder of San Diego County on April 20, 1967; thence along the Westerly boundary of said Laguna Riviera Unit No, 4 th-e following bearings and distances: Northerly along t,he arc of last said curue, through a central angle- of 90°00'OO" a distance of 31-42 feet; North 7O33'36" East 263.68 feet to the beginning of circular curve concave Westerly and having a radius of 520.00 feet; Northerly along the arc of last said curve through a central angle. of 27'42'23" a distance of 251.46 feet to the point bf be&iningk- '.. 'Z ': .: .:... . . : Qa~!W.’ Raymond Rc Ribal RCE 1136