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HomeMy WebLinkAboutCT 81-31; Daon Corporation; 81-286844; Public Facilities Fee Agreement/ReleaseFter tiacqding return to: : 1, -a * c r it); oi C;irl*sbad !OO Elm Ave. IrIsbad, CA 92008 - - * qs2 . ii i . 1 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 . CAPJSBAD, a municipal corporation of the State of California, 'hereinafter referred to as "City", whose address is Avenue, Carlsbad, California, 92008. . 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. . * * e-1.. .s . . . . . ‘, . . . 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 i ' 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 2. . . _. ‘ I , . . .- % . . I .d I . . - ’ . . *. < ’ . s ‘694 - . * *_ to help satisfy the General Plan as implemented by Council Policy No. 17.by NOW, covenants 1. 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 . 3. *._.: . 1 -, *‘. . . . . . . . . - 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. . . pursuant to Chapter 20.44 of the Carlsbad . c - 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, i' 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 . - 4. ‘. ‘. - . * . . . . : ‘* , **a., . . , . . , 1 . .696 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 * . . . . . 4 ’ /A. .I, . - . * ’ ,697 . 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. I// i ! /// . . * *r* . * -. . -.I’ . . . IN WITNESS WHEPEOF, this agreement is executed in San Diego County, . , _I .I . ‘ “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 i (Title) ATTEST: \ / \ / V&$EN??+. BIONDO, JR.., City Attorney . . . i ! (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 I 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 t 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) __ ,. ---._ -. , * . . 700 M-286544 Fttf!PA= NO. - BOOK !3bl R~mWH-EaUEStOF bd EXHIBIT "A" LEGAL DESCRIPTION . 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, - i !