HomeMy WebLinkAboutCT 81-21; L & M Professional Consultants; 81-274340; Public Facilities Fee Agreement/ReleaseAf,tcr ++?rdit:g return to: .%
Ci,ty. of'car'lsbad
1296 Elm Ave.
Carlsbad, CA 92008
L 267 81-274340
FILE/PACE-MI
AGREEMENT BETWEEN OWNER, DEVELOPER L!CIgK Ifj-47 AND THE CITY OF CARLSBAD FOR THE RECoECEij F:LIQ'JEsT OF
PAYMENT OF A PUBLIC FACILITIES FEE %W to 06 A/! ‘fj!
THIS AGREEMENT is entered into this 1 day of
19&, by and between
1,iM t?w~&~s/urvAi ChkWiTAN7S, hk . (Name of,Develop&r)
NO FE6 I
a CoPPoR4T/oEJ I (Corporation, partnership, etc.)
hereinafter referred to as "Developer'* whose address is
/224 P~osP~c7 SnzEG7 ' 8 (Street)
LA &LLA , CAL/FoRhllA 92036 I (City, state, zip code) .
and 64‘R//dG4 /A/VEST;NISN-P i /A&J
(Name of Legal Owner) I
CZ.URfUKAT/QN (Corporation, etc.) I
-, A
hereinafter referred to as “Owner” whose address is
/2a+ PUCSPECT STREET I (Street)
LA &LLA 1 ~AL/FORN/A ~9a7336 I . (City, state, zip code)
AND
the CITY OF CARLSBAD, a municipal corporation of the State of California,
hereinafter referred to as "City", whose address is 1200 Elm Avenue,
Carlsbad, California, .92008.
RECITALS -
* WHEREAS, Owner is the owner of the real property described
on 'Exhibit '!A", attached to and made a part of this agreement, and
hereinafter referred to as "Property"; and
.
WHEREAS, the Property lies within the boundaries of City; and
WHEREAS, Developer has contracted with Owner to purchase the
Property and proposes a development pro,ject as follows:
70 tPAl/ 7. CoNOOM/ NIL/M i% C/ELOt??tiEtiT
on said Property, which development carries the proposed name of
. F?R/AeE ki2zwv~~ ihLL4-5 c-r 81-21 /cf-/67 and is /
hereinafter referred to as "Development"; and . WHEREAS, Developer filed on the 3 day of AM5 8
19 gi, with the City a request for APPRo VAL 0' 7&li'TA 7-l vfz MA P
f%R 4 70 Unl17- ~AMhM&‘NiLiM !?&dEc?-.
(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 incorporated by this reference); and
WHEREAS, Developer, Owner and City recognize the correctness
of Council Policy No. 17, dated August 29, 1979, pn file with the City Clerk
and incorporated by this reference, and that the C'ity'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 and Owner have 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
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Developer and Owner are aware that the City cannot and will not be
able to make any such findings without financial assistance to pay
for such services and facilities; and, therefore, Developer and
Owner propose 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 and Owner 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 constructi.on permits for
the development and shall be based on the valuation at that.time.
This fee
required
Code. A
shall be in addition to any fees., dedications or improvements
pursuant to Titles 18, 20 or 21 of the Carl&ad Municipal ,
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 and Owner shall pay a fee for conversion of existing
buildings or structures into condominiums in an amount not to
exceed 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 construction
permits", "other construction permit" and entitlement for use' as
3.
.;, ,(
. .
. ‘_ ‘I 270 -
used in this agreement, except in 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
. the development is intended. Developer and Owner shall pay to .
City a public facilities fee in the sum of $1,150 for each mobile-
home 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. -,
* 2. The Developer and Owner 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 and
Owner offer 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 agreement. 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 .
4. .
4 ~
: ; :-
. . : .
. .
i
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 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 available.
5. City agrees to provide upon request reasonable assurances
.to enable Developer and Owner 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 terminate in the event
the Requests made by Developer and Owner are not approved.
.- 7. Any notice from one party to the other shall be in
writing, and shall he 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,
5.
. .
. . . ._ ‘, ;.* . . . . I’-
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
Mail, enclosed in a sealed envelope, addressed to Developer at the
'address as may have been designated, postage prepaid and certified.
7.3 If notice is given to Owner by personal delivery
thereof to Owner or by depositing same in the United States Mail,
enclosed in a sealed envelope addressed to Owner at the address set
forth herein or at such other 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, Owner and the City, and reference.s to Developer, ,
Owner or City llerein 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.
At such time as Owner ceases to have any interest in the
Property, all obligations of Owner hereunder shall terminate; *
provided, however, that if any successor to the Owner's interest in
the Property is'a stranger to this agreement, such successor has
first assumed the obligations of Owner in writing in a form
.
. 6.
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acceptable to City. c
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.
IN WITNESS WHEREOF, this agreement is executed in San Diego
County, California as of the date first written above.
.(&%-z!&!.%%-/
S/AEW-
BY
Title
ATTEST: CITY OF CARLSBAD, a.,municipal corporation of the,State of California
BY ALETHA L. RAUTENKRANZ, 'City Manager
City Clerk
City Attorney
(Notarial acknowledgement of execution by DEVELOPER and OWNER must be attached.) - \
7.
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STATE OF CALIFORNIA >ss
- COUNTY OF SAN DIEGO)
On this 1st day of June, 1981, before me, the undersigned, a Notary Public
in and for said County and State, personally appeared HENRI LAGATELLA,
known to me to be the VICE PRESIDENT of L&M PROFESSIONAL CONSULTANTS, INC.,
a California corporation, the corporation that executed the within instrument and
known to me to be the person who executed the same on behalf of said corporation
and acknowledged to me that said corporation executed the same pursuant to its
Bylaws or a Resolution of its Board of Directors.
IN WITNESS WHEREIN, I have set my hand and affixed my Notarial Seal, the
day and year in this certificate first above written.
OFFICIAL SEAL
BONNIE DULL
NOTARY PIJ~LIC-CY+LIFORNlA
PRlWClPAL OFFICE IN
SW! DiEGO COUNTY
f,J!i! i:orrimmton Expires Oct. 19, 1984 NOTARY PUBLIC IN AND FOR SAID
COUNTY AND STATE
MY COMMISSION EXPIRES OCTOBER 19, 1984
STATE OF CALIFORNIA ) ss
* COUNTY OF SAN DIEGO)
On this 1st day of June, 1981, before me, the undersigned, a Notary Public
in and for said County and State, personally appeared LEON DEICAS , known
to me to be the PRESIDENT of CARINGA INVESTMENTS, INC., a California
corporation, the corporation that executed the within instrument and known
to me to be the person who executed the same on behalf of said corporation and
acknowledged to me that said corporation executed the same pursuant to its
Bylaws or a Resolution of its Board of Directors.
IN WITNESS WHEREIN, I have hereunto set my hand and affexed my Notarial
Seal, the day and year in this certificate first above written.
OFFICIAL SEAL BONNIE DULL
NOTARY PUBLIC-CALIFORNIA
PRlNClPAL OFFSCF IN
SAN DIEGO COUkTy
NOTARY PUBLIC IN AND FOR SAID
COUNTY AND STATE
MY COMMISSION EXPIRES OCTOBER 19, 1984
-. . . 8 r’ ’ _’ 1. . 276
PARCEL 1:
EXHIBIT "A"
LEGAL DEiCRIPTION .
Lots 229 and 230 of La Costa Valley Unit No. 5 in the City of Carlsbad, County
of San Diego, according to the Map thereof No. 6730 filed in the office of the
County Recorder of San Diego County on September 8, 1970.
PARCEL 2:
Lots 231 and 232 of La Costa Valley Unit No. 5 in the'city of Carlsbad, C&nty
of San Diego, according to the Map thereof No. 6730 filed in the office of the
County Recorder of San Diego County on September 8, 1970.
.
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PRELIMINARY LEGAL DESCRIPTION
TO ACCOMPANY
CONDOMINIUM PERMIT APPLICATION FOR
PRINCE EDWARD VILLAS
PARCEL 1:
Lots 229 and 230 of La Costa Valley Unit No. 5 in the City of Carlsbad, County
of San Diego, according to the Map thereof No. 6730 filed in the office of the
County Recorder of San Diego County on September 8, 1970.
PARCEL 2:
Lots 231 and 232 of La Costa Valley Unit No. 5 in the 'City of Carlsbad, County
of San Diego, according to the Map thereof No. 6730 filed in the office of the
County Recorder of San Diego County on September 8, 1970.