HomeMy WebLinkAboutCT 81-31; Daon Corporation; 81-286844; Public Facilities Fee Agreement/ReleaseFter tiacqding return to:
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AGREEMENT BETVZEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this 23 day of July I
19 81 , by and between
Daon Corporation/La Costa Land Co.
(name of deveioper-owner) ?
a cn ratinn ,hereinafter (CoToration, partnership, etc.) referred to as
'!Developer", whose address is P-0. BOX 2770 r (street)
. NewDort Beach, CA. 92660 (City, state, zip code) , and THE CITY OF
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CAPJSBAD, a municipal corporation of the State of California,
'hereinafter referred to as "City", whose address is
Avenue, Carlsbad, California, 92008.
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WITNESSE T H:
WHEREAS, Developer is the owner of the real property descri'bkd
on Exhibit "A", attached hereto and made 'a part of this agreement,
hereinafter referred to as "Property"; and
WHEPZAS, the Prope&y lies within the boundaries of City;
and
WHEREAS, developer proposes a development' project as follows:
A major condominium proiect located on a 15.3 acre site in the
'Southwest quadrant of'the intersection of Alqa Road and Melrose
Avenue.
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on said Property, which development carries the proposed name . of Meadows Crest
and is hereafter referred to as "Development"; and s
WHEREAS, Developer filed on the 23 day of ~~~~ I
1981 I with the City a request for Tentative -Map Approval
(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 anh 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 ?nd
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Incocporated 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 presently proposed; but the
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
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*_ to help satisfy the General Plan as implemented by Council Policy
No. 17.by
NOW,
covenants
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fee in an
payment of a public facilities fee.
THEREFORE, in consideration of the recitals and the ,
contained herein, the- parties a'gree as'follows:
The Developer shall pay to the City a public facilities
amount not to exceed 2% of the building permit valuation
of the buildings or structures to be constructed in the Development
pursuant
issuance -
. ment and
. . shall be -
required
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
in addition to any fees, dedications or improvements *
pursuant to Titles 18,‘ 20 'or 21 of the Carlsbad Municipal
-.Code. A credit toward such fee shall be giiren-for land which has
been dedicated for park purposes or for &y fees paid in lieu . .
'thereof pursuant'to Chapter 20.44 of the Carlsbad Municipal Code.
Developer shall pay a fee for conversion of existing buildinqs.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 Bunicipal Code. Condominium shall include community
apartment or stock cooperative. The terms "other construction
permits", -"other construction permit" and Wentitlement for use" as - . <
* used in this agreement , exceptin reference to mobilehome sites or
projects, &hall 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 .
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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 .
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
Municipal Code.
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pursuant to Chapter 20.44 of the Carlsbad
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- 2. The Developer may offer to donate a site or sites for .
public .facilities in lieu of all or. part of the financial obligation
.aqreed upon in Paragraph l. above. If Developer offers-to :
donate a site or sites for public facilitiesi 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,
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by City prior to the issuance of any building or other permits.
Such determination, when made, shall become a part of this aqree-
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 pursuan't 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 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
agreement in a public facilities
facilities when the City Council
.
the fees paid pursuant to this
fund for the 'financing of public
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
age-ncies as evidence of adequate public facilities and services
-sufficient to accommodate the needs of the Deve-lopment herein
described.
. 6. All obligations hereunder
the Requests made by Developer are not
. 7. Any notice from one party to
writing, and shall be dated and signed
shall terminate in the event
approved.
the other shall be in i !
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,
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'sealed envelope, addressed to Developer at the
address as may have been designated, postage prepaid and certified.
8. This agfeement 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 a
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.
i. 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.
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IN WITNESS WHEPEOF, this agreement is executed in San Diego
County,
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‘ “698
California as of the date first written above.
By-Costa Trdna Co,
-Vice-President, Land Development
. (Title)
CITY OF CARLSBAD, a municipal corporation of the State of California
BY City Manager
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(Title)
ATTEST:
\ / \ / V&$EN??+. BIONDO, JR.., City Attorney
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(Notarial acknowledgement bf execution by DEVELOPER-OWNER must .
be attached.)
STATE OF CALIFORNIA ss. e ORANGE > , COUNTY OF- 699 ___- 3 E on
(51
Julv 8, 1981 , before me, the undersigned, a Notary Public in and for
a Michael K. Ryan z said State, personally appeared G known to me to be the Vice President, WC Land DeveloDment E .E known to me to be the
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Secretary of the corporation that executed the within instrument,
and known to me to be the persons who executed the within
‘n 2 instrument on behalf of the corporation therein named, and ac-
2 knowledged to me that such corporation executed the within .o t B instrument pursuant to its by-laws or a resolution of its board of
it directors.
Y
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OFFICIAL SEAL BITTY ANN POLLACCI~ NOTARY PUBLIC - CALlFORNlA
OMNGE COUNTY
My comm. expires MC 21, 1984
Name (Typed or Printed) (This araa for oficial notarial seal)
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M-286544
Fttf!PA= NO. - BOOK !3bl R~mWH-EaUEStOF
bd EXHIBIT "A"
LEGAL DESCRIPTION
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OfFtOiAL aECoRDS .SAtt DIEGO CDUWtY, CAL ,VERALLYLE R&COP"FQ NO FEE
THE LAND REFERREO TO HEREIN- KS SITUATED IN THE STATE OF
CALIFORNIA+ COUNTY OF SAN DIECOw AND IS DESCRIBED AS FOLLOUS:
TXAT PORTION OF PARCEL 4 OF PARCEL MAP NO. 10179 PARTLY
IN THE CITY OF CARtSBAD, ALL IN THE COUNTY OF SAN DIEGO, STATE CIF
CACIFORNIAw FILED IN THE bFFICE Of COUNlY RECORDER OF SAN DXEGO COUNTY*
BEKNG A OIVISION OF PORTIONS OF SECTIONS 191 299 30 AND 31~ IN TOWNSHIP 12
SOUTHI RANGE 3 NEST+ SAN BERNARDXND ?lERIDIAN,‘k~Ci?FtDSNC TO-OF FlCIAL PLAT
THEREOF, -
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