The URL can be used to link to this page

Home My WebLink AboutCT 81-03; Mola Development Corporation; 81-234734; Public Facilities Fee Agreement/Release. . . ( ‘v .- ’ . h&r rr‘&dlng return to: t:ty‘o:.'&lsbad 1200 Elm Ave. Carlslad, CA 92008 . . . . . . , . . . 196’3 AGREEMENl;r BETWEEN DE'~JZ.OPER-3WNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC PACILITIES FEE THIS AGREEMENT is entered into this 5th day of FEBRUARY . e . . 19 81 , by and between PITY OF.CARI SBAD R . MOLA DEVELOPMENT CORPORATION (name of developer-owner) # . a CAL I FORNIA C’ORPORATION * ,hereinafter referred to as (Corporation, partnership, etc.) Weveloper", whose address is 808 ADAHS AVE. I - (street) . . . . . INTTNGTflN RFACH _ [IAl TF. 92648 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. . ‘ . . WI!i!NESSSETH: . . . 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 &s "Property": and WHEREAS, the Property lies within the boundaries of City; . a and . WHEREAS, Developer proposes a development project as follows:. -‘AN 80 UNITS AIR SPACE ~CONDOMIiIUM DIVISION LOCATED ON THE EAST SIDE OF EL CAMIYO <REAL NORTH OF ALGA ROAD. . . . . ‘* . . . . . . I. 4. ~ . : - - a .~ ‘I. on said Property, which development carries the proposed name e of N/A AT THIS TIF4F. ' . and is hereafter referred to as :Development"; and WHEREAS, Developer filed on the 5th -day of FFBR~RY I 39 81 , with the.City a request for 80 UNIT CONDOMINIUM ’ . (hereinafter referred to as "Pequest": and . WEEREAS, the Public Facilities 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 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 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 th e City cannot and will not be dble to make any such finding without financial assistance to pay for . such services and facilities; and, . therefore, Developer proposes . . 2.’ . . . . .~ - a . , t L .; 1962 J- . 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 . required pursuant 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. -Developer shall pay a fee for conversion of existing buildings or i . structures into condominiums in an amount not to exceed 2% 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 coGversion permit as provided in Chapter 21.47 of the 'Carlsbad Municipal Code. Condominium shall include community . apartment or stock cooperative. 9he terms "other construction -permits*, "other construction permit" and "entitlement for use" as . used in this agreement, cxceptin reference to mobilehome sites or projects, shall not refer to grading permits or other permits for .the con&u&ion of underground or street improvements, unless no . other permit is necessary pri.& to the use or occupancy for which .3. . . ! . . * .* ‘. - .I 1963 - * . the development is intended. Developer shall pay to City a publii= '. . . 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. a 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 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 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 herein, the City will not have the funds to provide public facilities and services, and the Development yi.11 not be consistent with the- General Plan and any approval or permit for the Development shall . 4. . . . . *. . :. - . :: ‘.* 1964 . be void. No building or other construction permit or entitlement - foreuse shall be issued until the public facilities fee required by this agreement is paid. . 4. City agrees to deposit . agreement in a public facilities fadilities when the City Council . I the fees paid pursuant to this fund for the financing of public determines the need exists to provide the facilities-and sufficient funds from the payment of -is 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 bf the Development herein described. . 6. All obligations hereunder shall terminate in the. event 'the Requests made by Developer are not approved. . 2.7. Any notice from one party to the other shall be in writing, and shall be dated and signed by the party giving such - 4 notice or by a duly authorized representative of such party. Any m 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 Mail, addressed to the City at the address set forthsherejn, , enclosed in a sealed envelope, addressed to the City for attention of the City-Manager , postage prepaid and certified. . 7.2 If notice is gi'ven td Developer by personal delivery thereof to Developer or by depositing <he same 5. : in the United States . . *. * ,: .’ ,>.. . a. 196’5 1 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- bi 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 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 r&ease. //I ’ /// . . //I‘ - /// * . . /// /// . . , .’ 1. . /‘: ~ .II_, l ‘ . ‘. - , . . IN WITNESS WHEREOF, Courity, California as of ' DEVELOPER-OWNER: this agreement the date first . CITY OF CARLSBAD, a municipal corporation of the State of California is executed in San'Diego . written above. . City Manager I * I * , ‘* * . ITitle) . ATTEST: . - APPROPD AS TO FORM: . . (Notarial acknowledgement o‘f execution by DEVELOPER-OWNER Aust be attachdd.) . f 7. . . STATE OF CALIFORNIA Or-e > ss. 2 COUNTY OF- : E s on Febryary 9, 1981 -, before me, the undersigned, a Notary Public in and for al Z said State, personally appeared~~.T~~ i= . 5 known to me to be th&+-eS -President, and 2 ‘u known to me to be the- ecretary of the corporation that executed the within instrument, d and known to me to be the persons who executed the within instrument on behalf of the corporation therein named, and ac. directors. knowledged to me that such corporation executed the ‘~\~\---~...\\\~\\\.~~.~ wit$n :,I- - - I instrument pursuant to its by-laws or a resolution of its boarc J 1; j ,y+@$ OFFICIAL SEAL: ; LILASHARON KAYLOR I WITNESS 0 : , ,,“’ : ;i .y Notary-Public Cahfornia ; Principal Office In , I i ORANGE COUNTY ; * My comtn mission expires 12.i6-54 : . . . . . ....-*.v Signature Name (Typed or Printed) (This area for ofMa1 notarial seal) I, . _e . ‘ *, . v c L2XA.L D8SCICIPTXON 1968 81-234734 FILE/PACE HO.,-a.,em OFFlClAL FXCOt’;DS SAi$ OLECO CWHTY. CA\ That portion of the West Half of the lortheaut Quirtk'of Section 26 Township I2 South, Range 4 West, San Berzmrdino Meridian, in the County of San Diego, Gtate ofkalffornfa, according to Official Plat thereof, Ue8cribed a8 followm Beglntling at a point in the Easterly lfne of 8ald We8t Eialf of the l?orthmast Quartw of Section 26# dirrtant South 0n14814m west, 864.60 feet from the Northeast cornel: thereof, being a point Aa th0 Smthwesterly line of that outah 200 foot emwtdeocribed in deed to San Diego -8 C BleMric CSxtqany, reCOrded December 9, 1953 a8 tiCOrbst'8 Fib NO. 165ll6 of Official Record8 of 8iaid Ceuaty# thence leaving said Easterly line of the We8t Half of the Northeast Quarter of section 26, South 64*3Sm1Sa Werrt, 513.21 feet to a point An the arc of an 1863.00 foot radiU8 ourvm, conaave southweleterly a radial lhm to Paid point bars North 64*33*1Sm East sa%d Point being in the Soutbw8eterly l&m of that certain Pareel of land described in Quit-Cl&a deed by the county of San Diego, reroorded hly 15, 1970 a8 ReCOrderg File No, 123913 of OffScial R&cords, odd Southwe8terly lhe bhg Urawn canlmntri~ with and di&ant 63.00 fe& Morthea8terly measured radially from the center line of El Clrmino Zeal a8 shown on San Dfego County Road Surpey No. 1800-l aad a8 &mx5bed in deed to the County of San Diego recorded July 10, 1970 a% Re~orde~'8 File No. 1211841 theme Northwertcrrly alapng saiU 1863.00 foot ratllue curye thsougb a central angle of 7*36*23' a distance of 247.33 fecrtt thume tangeat to 8aid Qurve North 33°01s08m We8t - deed - North 33*00'41° .We8t - 626.59 feet to an iateraectkon with the aforementioned southwesterly line of the 240 foot San Dhgo Ga8 C Eleutric company 8aoexneatt thence along aaid Soaathwe8terly liner 6outh 6CP37~59" East 1062.10 feet to the point of beghhg. NO FE6