HomeMy WebLinkAboutCT 81-22; Moir Devco; 81-274341; Public Facilities Fee Agreement/Release. . , -..
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Af Zzr recording return to: . - (.
City of Car-1 sbad
1200 Elm Ave.
Carlsbad, CA 92008
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AGREEMENT
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BETWEEN DKi~LOPER-3VNER
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AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE
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THIS AGREEMENT is entered into this 2 day of June v
19 81 , by and between Muir Devco
I . (name of developer-owner)
Qlifornia Corporation ' ' ,hereinafter referred to as
(Corporation, partnership, etc.1
nDeveloper", whOse address is 95% Wilshire Blvd. ' I . (street)
Beverly Wls, California 90212 ' (City, state, zip code) ,';nd THE CITY OF
CARLSBAD, a municipal corporation of the State of California,
hereinafter referred to- as "City", whose address is 1200 Elm
Avenue, Carlsbadfi California, 92008. .
W I !i? N E S S E'T H: * . . 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;
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WHEREAS, Developer proposes a development project aS fOllOWS:.
21 hit Condominium , 81-274341. '
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VERA L.LYLE 0
and is hereafter referred to as "Development"; and
WHEREAS, Developer filed on the 4’ -day of June I
19 81 , with the dity a request for Condominium permit, Tract
Application and Environmental Impact Assessment. c"( 73-22 jcP-/6g ' /
(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 serv5 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'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
l . facilities and services will be available to me&t 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, Devel.oper proposes .
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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
fee in an amount not to exceed,2% of the building 'permit valuation.
. of the buildings or structures to be cons&ucted in the Development
the City a public facilities
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 shal! pay a fee fox 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 .
condominjum 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
permitsa, "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
oth& permit is necessary pri6r to the use or occupancy for,which
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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 L
to the issuance of building oj, 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 may off.er 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 b,uilding 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
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be void. No buiiding or otheir construction permit or entitlement
for,use shall be issued until the public facilities fee required by
ihis 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
fadilities 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 hereund.er shall terminate in the-event
the Requests made by Developer are not approved.
.7. Any notice from one party to the other shall be in
writincj, 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 . I
thereof to the City or by depositing same in the United States
Mail, addressed to the City at the address set forth-herejn,
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
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Mail, enclosed in a se'aled 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 shal,l 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. Thisagreement shall be recorded but shall not create
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a lien or security interest
. of this agreement have been
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on the Property. When the obligations
satisfied, City shall record a release.
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IN WITNESS WHEREOF, this agreement is executed in San'Diego
. County, California as of the date first written above. w .-
DEVELOPER --oi&w CITY OF CARLSBAD, a municipal
corporation of the State of California
MOIR DEVCO . L
President
(Title)
,City Manager
Secretary (Title)
ATTEST:
1 II/’ I/ I Dahfiel S. t&nti&~e,. Assistan
VI.wmT F BIOHDO, JR.., "
City Attoiney . .
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(Notarial acknowledgement of execution by DEVELOPER-QWER must <. be attached.)
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STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES 1
ON /, , 1981, before me, the undersigned, a ary Public in and for said State, personally appeared PRESTON F. THURTLE, known to me to be the President, and CHARLOTTE E. JEWELL, known to me to be the Secretary of MOIR DEVCO, the Corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument, on behalf of the Corporation herein named, and acknowledged to me that such Corporation executed the within Instrument pursuant to its by-laws or a resolution of its board of directors.
WITNESS my hand and official seal.
EXHIBIT "A"
Legal Description
Lots 1, 2, 3 and 20 in Block H of Palisades, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1747, filed in the Office of the County Recorder of San Diego County February 5, 1923.
Excepting therefrom those portions of Lots 1, 2, and 3 granted to the State of California for highway purposes by Deeds recorded in Book 288, Page 322 and Book 289, Page 412 of Official Records.
and
Lots 4 and 5 in Block H of Palisades, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1747, filed in the Office of the County Recorder of San Diego County, February 5, 1923.
Excepting therefrom that portion conveyed to the State of California by deed recorded in Book 356, Page 4 of Official Records, in the County of San Diego, State of California.