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HomeMy WebLinkAboutCT 81-26; La Breteche Ltd; 81-286843; Public Facilities Fee Agreement/Releaser. ’ .- /- ..:,. __..._. , ..- _-___ .I ..- - . I* . . ,fter recording retuin to: . :it$ oi.krlsbad IlOd Elm Ave. hrlsbad, CA 92008 . . _ .-- -.-..- - -* ._ .__-.. _ .- _ _w- .A- - 683 ’ .;‘- . . * I L. ’ . . ..- AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE .PAYMENT OF A PUBLICFACILITIES FEE THIS AGREEMENT is entered into this zZNr)day of JUNE I . . 19 8/ , by and between LABRETECHELTD,. ? (name of developer-owner) . . a ax -d-lla (Corp&aZ.on, ,hereinafter referred to as partnership, etc.) .- "Developer", whose address is ' Century City, CA 90067 , and THE CITY OF . .a * . . . CARLSBAD, a municipal corporation of the State of California, 'hereinafter referred to as."Cityn, whose address is 1200 E - w -. . . . Avenue, Carlsbad, California, 92008. . . WITNESSETH: (' 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: 'Lots 53, 54 and 55 of La Costa South Unit No.'l. The.m&cti consists of . sixteen' (16) units to'be constructed over underqround parkins adjacent to (I Navarra Drive and eight. (8) tmnhouse type units adjacent to the La Costa . Golf Course., one of which is a m&nager recreation kit. @ @*26 . ' cg-do -: . . * . : -.. , _._... r ^ _ ._. .* -- ..___ _.._ .._ .-- _ . . 2 . -. . . _ * . . ‘ ‘: . . *.,’ * 684 ‘j_ .J - * . : . on said Property, which development carries the' proposed name -. . of La Rreteche, Carlsbad Tract NO? 81 - and is hereafter referred to as "Development"; and WHEREAS, Developer filed on the Zz'zday of JONE I 19 8/ , with the City a request for 4 @ndmhiunPer& and '&ntative Subdivision &p. . . . . (hereinafter referred to as "Request"; and . . W&EAS, 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 i. . . . . .* . con.current 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. 1.7, dated August 29, 1979, on file with the City Clerk and Incorporated by this reference,' and that the'City3 .public facilities and services are tit capacity and will not be,availabl& 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 . needs of the Development as it is presently proposed; but the future 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, Developer proposes ' .' s . --_ -“,_.-.. .-_. - .-_. _ . . _.; ,I . . .‘, . . * -. .* -. _-- .,. - - : -. . . , : . . l - ’ a 685 I I . : . * . 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 of building or other construction permits for the develop- shall be based on the valuation at that'-time. This fee .' issuance ' ment and shall be required -ICode. A in addition to any fees, dedications or improvements * . pursuant to Titles 18,' 20 or 21 of the Carlsbad 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 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 condcminium 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 cbnstruction permits", '"other construction permit" and "entitlement for.use" as .' - -9 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 br occupancy for which 3. -":. . * . . - ._,_, . . . __-. - ^. ._ -.. -,, c . -_. _, . . _^ __-____. * __._ _ __._. - -..’ . -‘--.. ..-_ _ .’ .. . . . -. 6.86 Y-- . . . . ’ 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 If Developer Offers-t%. '1. 'agreed upon in Paragraph 1 above. . . donate a site or sites for public facilities, the City shall c consider, but is not ,obligated to accept the-offer. The time for . donation and amount of credit against the fee shall.de 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 Carlsbtid Municipal Code. . . 3. This agreement and the fee paid pursuant hereto are required to ensure the consistency of the Development with the - 'w, City's General Plan. . - If the fee is not paid as provided herein, the City will ndt 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._ _. -u-s .‘i. .--a .. ..--. -. ._SL . -. _ _. . . . . ._ . , ) * , 7 *. . *. 618 7 - ? -- . , . . . ’ . . be VOW; 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 I. this and similar public facilities fees are av$lable. .' 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 servises : -sufficient to accommodate the needs of the Development herein described. : : : ‘. . '. : 6. All obligations hereunder shall terminate in the event : e . 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 not& or by a duly authorized representative of such party. Any such notice shall not be effective forany 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, .- L w. enclosed in a scaled envelope, addressed to the City for attention of the City Manager,' postage prepaid and certified. 7.2 If notice is given to Develoger by personal delivery thereof .ko Developer or by depositing the same in the United States 5. : . . . , - * . ‘.a. 0. l . - . ’ 6‘8 ($ ’ l I y : . . .I . . . ’ . 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. 4. This agreement'shall be recorded but shall not create -a lien or security interest on the Property. When the obligations . of this agreement ha& been satisfied, City shall record a release. . . /// ‘. . . /I/ ///.- . . . : ’ . _ -.z.. . -- . . . . , m : . . T . . ‘, . . . . IN'WITNESS WHEP;EOF; this agreement is executed in San Diego County, California as of the date first written above. . . __. . * . . . . ..--__. - -’ 689 l ; DEVELOPER-OWNER: CITY OF CARLSBAD, a municipal corporation, of the State of California La Breteche, Ltd., A*Paxtnership . . Intecho of U.S.A. Tnc. A Partner' . (Name) ___ ar4-- - . e (Title). . . BY City Manager . . * . . . . . ATTEST; . VED 24s TO FORM:; L NCE~T F. ZIONDO, 3R.., City Attorney . . . . (Notarial acknowledgeqent of execution by DEVELOPER-OWNER must . be attached.) .. . . . . . . ' . . 7. f .’ ‘. , . TO 442 CA (3.73) (Partnership) STATE OF CALIFORNIA TITLE INSURANCE 6OQ- AND TRUST 4 1 *TICOR COMPANY COUNTY OF ‘LO 4 fqnfi P \@57 SS. On iwcxtu F- ,sd\ before me, the undersigned, a Notary Public in and for said State, personally appeared l .\a.d.o, @uurher-t &Ty. -i-vr+erhrh fp-c rAL;fl Tvlr nh,?d 1 Glq-e3! H-l ‘I Q4b-Jr -cf-Q- ~-ux4z4z Tv\uP~4-mOr\++’ fn , known to me w i F! to be + Len of the partners of the partnership a k 1 that executed the within instrument, and acknowledged to me that such partnership executed the same. WITNESS my hand and official seal. (This area for omcial notarial real) l : - *a -. ;. ,,___ . - ---- - I. . IS - * : r . . * - # F&E/PAGg HO. BOOK t981 . EXHIBIT "A" ._ - LEGAL DESCRIPTION OFFtClAL RECORDS SAX DIECO COUHTY,CA, i VERA L. LYLE ~1 of mts 53, 54 and 55 of La Cqsta SoutLUnit NoI 1, in t@8aRnFR City of Carl&ad; County of.Sti Diegol State of Cal~fwniS,, according to hap thereof M, 6117, ~h0 FEE, . . I - . . . . . . . . . . . . . . . . . : * . .