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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 ‘\ ,, -- ;. ‘,- 269 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. . ,- ‘. ‘. , ;, ‘.. ” ;., t*.’ : . - . 4 ‘, 273 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. . _- 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. . - - 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.