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HomeMy WebLinkAboutCT 81-18; GR Capital Inc; 81-218051; Public Facilities Fee Agreement/ReleaseAfGr xcl;:*dir.g ieh?n' to: City'36 &rl,s bad 1200 Elm Ave. Carlsbad, CA 92008 603 .- P AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE Sl-&@5~- PILE/PA6L woi BOOK 198J ~~0~~~~~ QFFJCIAL RE~WtDS 8AW DtEOO COUNTY 'VERA L. LYLk OA THIS AGREEMENT is entered into this 87# day of 6, R a GA~AW .'zic..< ,%yEo*RDER f NO Fa 19 81 , by and between (name of developer-owner) a c WPoR~7,o#d ,hereinafter referred (Corporation, partnership, etc.) to as "Developer", whose address is ?, /Y/&EL. Lk .shi loa t (street) pEWpol?l- B&ff , Cd ‘ q&A?c> . , and THE CITY OF (City,' state, zip code) CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City", whose address is 1200 Elm Avenue, Carlsbad, California, 92008. -. , WITNES'SETH: 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: 8 Ud,i Rtww&T~~L L!&JDo#/&‘~-sr~7 . ’ =8f-18 CQ /w . _- . 4MAR 80 .-. I.’ - 610 - . I . . .I- . , on said Property, which development carries the proposed name . of m c/ye v and is hereafter referred'to as "Development"; and WHEREAS, Developer filed on the 7-t-U day of - 19 81 , with the City a request ford 'T&.~.fffrl;f /Y&p . 4uo , . A fb?m, 'T ct" a- h3/cP WV . (hereinafter referred to as "Request"; 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 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 Cler'k 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 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, Devel.oper proposes 2. . . ,. *.’ -. : ’ ‘. * , 618 -I to help satisfy the General Plan as implemented by Council Policy No. 17 by NOW, covenants 1. fee in an payment of a public facilities fee. THEREFORE, in consideration of the recitals and the contained herein, the parties agree as follows: The Developer shall pay to the City a public facilities . 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. f Developer shall pay a fee for conversion of existing buildings or structures into condominiums building permit valuation at condominium conversion shall . in an amount not to exceed 2% of the the time of conversion. The fee for a 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 construction permits", "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 prior to the use or occupancy for which 3. . * ,.* . . -. . 612 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 s . 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. 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 con,sider, 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 will not be consistent with the General Plan and any approval or permit for the Development shall . 4. I . I 1, ,.- . . . *,.a’, 613 - be void6 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 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. 6. All obligations hereunder shall termin&te in--the event 1 the Requests 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: 7.1 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 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. . . I. * . . . ‘, .’ . *’ . -. . -8 . ‘, 1 614 - . . 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 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 agreei,\ent have been satisfied, City shall record a release. I// /I/ /// /I/ /// /// /I/ /// - I I// /// 6. 615 -’ . -@IN .WITNESS WBEPEOF, this agreement is executed in San Diego as of the date first written above. CITY OF CARLSBAD, a municipal . corporation of the State of California ' 6, R. c /+Plhu, T-h-, (Name) . BY BY I/ I/ City Manager h-k - PResloE~ -i- fECIfqiiRJ (Title) / / BY (Title)- ‘F 3 “ ATTEST: 1 1 APPROVED AS TO FO , . City Attorney (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) -, i - Q,i I ‘. : . . I L’v ‘. -.J .+” ’ ., __, v? da :. ,:. “I) i; , ” 2 i.:. I I ‘. “1 7 ‘, ,b: ._I . . J,” ‘“G>C.. ‘/. I 7. . . STATE OF CALIFORNIA, COUNTY OF Orange 1 , ss. -\ ON- April 8, ,198' -, before me, the undersigned, a Notary Public in and for said State, personally appeared PUBLIC - CALIFORNIA 03WGE COUNTY MY mm. expIrea APR 15 James L. Kesney V i cf+ Ees i dent/Secretarv ..-- , known to me to be the of the G. R. Capital, Inc. - the Corporation that executed the within Instrument, known to me to be the person who executed the within instrument, on behalf of the Corporation, therein named, and acknowledged to me that such Corporation executed the same. WITNESS my hand and official seal. y/ &+-J y Public in and for said State. ACKNOWLEDGMENT-Corporation-Wolcotts Form m--Rev. 364 . ’ ,I ’ . ” . l L * 1 : EXHIBIT "A" LEGAL DESCRIPTION .