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HomeMy WebLinkAboutCT 81-25; Peacock, James Clayton and Tiberio, Nello; 81-274343; Public Facilities Fee Agreement/Release. ‘-” A&r Pe&xhng return to: - City, pj Carhbad 1100 Elm Ave. Carlsbad, CA 92008 _ r 81-274343 AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT 0F.A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 22nd day of 19 81 , by and between Nell0 Tiberio and James Clayton Peacock hi0 FEE . I (name of developer-owner) a Partnership (Corporation, partnership, ,hereinafter referred to as etc.) "Developer", whose address is 10520 Firestone Blvd. Norwalk, CA 90650, (street) (City, state, zip code) , and THE CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City", whose Avenue, Carlsbad, California, 92008. WITNESEETH: 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: I 1.4 Unit Condominium Conversion (A 17 unit apartment building with pennit to build reduced to a 14.unit condominium) . ’ . 8 . , . - ‘ ‘, x47 -* I_ . on said.Property, which development carries the proposed name of Pine View and is hereafter referred to as "Development"; and WHEREAS, Developer filed on the 22nd day of June I 19 81 , with the City a request for Tentative Tract Hap and adajor Concominium Permit, . (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,developmerit 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 corred&ess 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 facilities and services will be available to meet the future needs of the Development as it is prese'ntly proposed; but the .- . . Developer is aware that th c City cannot and will not be able to make any such finding withou' L financial assistance to pay for such services and facilities; and, therefore, Developer proposes c’t* 81-26; cg;-lb9 2.. , ‘_ * - . ’ -, - 293 .- 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 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. . Developer shall pay a fee for convers'.on of existing buildings or . structures into condominiums in an amount not to ex.ceed 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 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 usle or occupancy for which 3. r . 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 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 consider, but is not obligated to accept the offer. 'r;'he 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. . ,- , ‘* * .- . . . * . 360 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 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 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: c 7.1 If notice is given to the City by personal delivery thereof to the City or by depositing same in the United States Ma.il, 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.' . em * .a - I *.*s * - ‘t . - 301. Mail, enclosed in a sealed envelope, addressed to Developer at the address as may ha+e 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 agreement have been satisfied, City shall record a rele.ase, /I/ Westerly 155’ of Tract 218 Thumlands map 1681 San Diego County: /I/ Assessors Parcel Number 204-062-01 /I/ /// /// . I// /I/ /I// /I/ /// * 6, ,-(‘9 . . . . .*.. . : ., *’ 302 IN.WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: Ti berio - Peacock 1Nan-d Owner (Ti*e) CITY OF CARLSBAD, a municipal corporation of the State of California . BY City Manager l_ /’ Owner (Title) ATTEST: ALETHA L, RAUTENKRANZ, City Clerk . City Attorney . I (Notarial acknowledgement of execution by DEVELOPERLOWNER must be attached.) 7. STATE OF CALIFORNIA L bS A~/dE.r E$ 5s. z COUNTY OF x E on dUAJE ? 1981 before me, the undersigned, a Notary Public in and for s u said State, personally appeared E i= c E .- .-- z d--- f -- ; known to me to be the partners of the partnership ^a 7 that executed the within instrument and acknowledged to me that c ? such partnership executed the same. WITNESS my hand and official seal. Signat 4&w OFFICIAL SEAL NOTARY PUBLIC - CALIFORNIA ROBERT E. GATTON LCS A:;GELES CC’UNTY @I l3Tln Expires ocr 3, 1: (This area for official notarial seal) Name (Typed or Printed) . - * : .- *~ . . . 364 -EXHIBIT “A" Westerly~l55’ of Tract 218 Thmlands map 1601 San Diego County. Assessor’s Parcel Number 204-062-01 . . .