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HomeMy WebLinkAboutCT 81-15; Russell, Paul; 81-274342; Public Facilities Fee Agreement/Release! . :._ _ .-.. ^ _ . ** . 287 ) i. ’ ., -* 1 8 J .-. :. L -I --.. - - .--c- .’ - Aftewecording return . Ci& oi.&rl*sbad 1200' Elm Ave. Carlsbad, CA 92008 - to: AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FO.R THE .~Y~NT 0F A PUBLIC FACILITIES. FEE . 0FFlCii'\~ II;;; ,;~a5 73 SAW DlEC;O COU;i-ry,CA, THIS AGREEMENT is entered into this 24 day of . 19 8 , by and between PAUL A. RUSSELL :(name of developer-owner) I . . an Individual ,hereinafter referred to as (Corporation , partnership, etc.) . . "Developer", whose address is 2525-K Jefferson'St-eet I (street) . Carlsbad, CA. 92008 * , and THE CITY OF (City,.state, zip code) . . c CARLSBAD, a municipal . corporation of the State of California, 'hereinafter referred to as."City", whose address is 12 . -. . Avenue, Carlsbad, California, 92008. . . 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 WHEREAS, the Property lies within the boundaries of City; and . . . WHEREAS, Developer proposes a development project as follows: . (- -. ) 1 L * ? .’ . l . ‘: 28-8 . ‘1 ’ . ‘,; .f. . . . c . on said Property, which development carries the'proposed name . . - of and is hereafter referred to as "Development"; and WHEREAS, Developer filed on the day of 19 8 with the City a request for_ Tentative &XI & a major condominiwn permit. c-rt?t -KKX~~>~bP l-61 ) 8 . / . (hereindfter referred to as "Req'uest"; and . WHEREAS, 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 'L . . . . . concurrent with need or svch development shall not be approved '(said element is on file with the City Clerk at;h 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 (Zity Clerk and incorporated by this reference; and that the City's 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 b;? able to *. B, make any such finding without financial assistance to pay for - . such services and facilities; and., therefore, Developer proposes ' I 2. * . .- “. w-v. _.-. -...-.. f .,^^. I . . . . . . l . . * * . . 4. !I . ,. d ,.‘1 ,‘, 289 l * ., . . . 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 amouliL not to exceed 2% of the building permit valuation . of the buildgngs or structu.res to be constructed in the Devel+pment -* . pursuant'to the Request. The fee shall be paid prior to the i_ issuance of building or other construction permits for the develop- - ment and shall be based on the valuation at that'.time. This fee shqll be in addition to any fees, dedications'or improvements 'A . 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 * structures into condominiums in an amount not to e'xceed 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 cooperative. The terms "other cbnstruction permits", ‘"other construction permit" and *'entitlement for.use“ &s uSed in this agreement, exceptin reference to mobiiehome sites or - .- .- , projects ,.shall not refer to grading perGts or other permits for the construction of'underground.or street improvements unless no . . other permit is necessary prior to the use br occupancy for which . 3. .".'. ' . . _ __- -_ _..- --_.... . --..- -- .___ .., ,_.. I ._ a.._... ,,., r ._-. .1 _,... . . . -’ - -’ ‘. ‘. .._ .’ ‘. i ( 1 . - . * ’ . rt . 290 ,- . . * . 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 ,011 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'dedicatkd for park purposes or for any fees - paid in lieu thereof pursuant to Chapter 20.44 of the Carlsbad Municipal Code; 'e 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 of.fers_tO.l. ': 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 pursuant hereto are I . required to ensure the consistency of the Develqpment with the . - .-., . - City's General Plan. If the fee is not paid as provided herein, . the City will ndt 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 ’ 4. -..*" ' ,' l . , I _ ..’ * * t - .’ . -. ‘. 0 h . *. l . ’ . ’ 291 . * 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 Council determines the need,exists to . . .- provide the facilities and sufficient funds from the payment of .- this and similar public facilities fees are av+.lable. *. . .- 5. City agrees to provide upon request reasonable assurances to enable Developer to comply with any,requ.irements of other public _ .' .* agencies as evidence of adequate public facilities and servi6es : _. -sufficient to accommodate the+needs of the Development herein described. ; : : '. . : 6. All obligations hereunder shall terminate in the event ' ; . - the Requests made by.Developer are not approved. . 1 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 no't 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 ' .* . Mdj.1, addressed to the City at the address set forth herein, -, _ -1 . en.closed.in a sealed envelope, addressed to the City for attention . of the City 14anager;postage prepaid and certified. 7.2 If notice is given to Develo@er by personal delivery .' thereof .to Developer or by depositing the same in the United States ' 5. : . . . ‘. . . *. . . . Mail, enclosed in a'seaLJ envelope, addressed to Developer 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 by deetied 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, ali obligations of Developer hereunder shall terminate; provided, however, that any successor of Developer's int'erest in the Property shall have first assumed in writing-the : . . Developer's cbligations hereunder. I 4. 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 . ///: . . . /I/ //I . . //I /I/ /iv /// . ’ N/ * * * 6? . . . -+ . . . . . ” ‘.,._’ (_I 0 ,. ; ,* ,.“I I . . 293 l , - ! . - : : 9, . . . , . IN'WITNESS WHEfl%'OF,' this agreement is executed in San Diego . County, Califorriia as of the date first wzitten above. DEVELOPER-OWNER: CITY OF CARLSBAD, a municipal eorporation of the State of California City Manager , , 1, I ’ -Owner ' - (Title) . . . 1 , , . 0 BY (Title) ' - .* ATTEST: .ud ALETHA L. RAUTENk . . . . . . City Attornek . . - . -. - - \ (Notarial acknowledgement of execution by DEVELOPER-OWNER must . be attached.) .. . . 7. . -* . .’ ‘. 1 STATE OF CALIFORNIA, i t ‘, SANDEGO ss. 294 COUNTY OF II ON APFUL 24 ,lg 81, before me, the undersigned a Notar Public in and for said State, personally appeared PAUL, A. kussd to be the person- whose name-is and acknowledged to me that -he- WITNESS my hand and official seal. , known to me, subscribed to the within Instrument, executed the same. ACKNOWLEOGMENT-Gemral-Wokottr Form 233-Rev. 2-M _. -. ._- - .. ’ t* ~. I t All of lot 9 together with the most southwesterly foilr feet of lot 10 all of Schell and Sites addition to Carlsbad, in the City of Carlsbad, County of San Diego, State of California, according to the map thereof No. 2145, filed in the office of txe County Recorder of San Diego County, February 20, 1929.