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Home My WebLink AboutCT 81-43; Rowe, Charles; 81-356524; Public Facilities Fee Agreement/Releasec kf?er r??,70rEinr 3 retiPn to: : 9 ci,iy of barishad r1200 Elm Abe. Carlshad, CA 92008 886 81-356524 AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR THE Q, PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 7 day of (Name of Develo&-, a I (Corporation, partnership, etc.) hereinafter referred to as "Developer" whose address is 3138 Roosevelt Suit K, Carlsbad (Street) I Carlsbad, Calif. 92008 (City, state, zip code) I and Llewella Davies I (Name of Legal Owner) (Corporation, etc.) hereinafter referred to as "Owner" whose address is 4048 Garfield (Street) Carlsbad, Calif. 92008 , (City, state, zip code) AND the CITY OF CARLSBAD, a municipal corporation of the State of California, ' hereinafter referred to as "City", whose address is 1200 Elm Avenue, Carlsbad, California, 92008. RECITALS WHEREAS, Owner is the owner of the real property described on Exhibit "A", attached to and made a part of this agreement, and hereinafter referred to as "Property"; and . . \ . . . .887 - WHEREAS, the Property lies within the boundaries of City; and WHEREAS, Developer has contracted with Owner to purchase the Property and proposes a development project as follows: 15 Unit Residential Condominium building on one lot subdivision. on said Property, which development carries the proposed name of T,&&p&-&ps and is hereinafter referred to as "Development"; and WHEREAS, Developer filed on the 7 day of mt , 19 81 f I . with the City a request for f c 7-f/- s/3 /e P/cry / (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 and incorporated'by this reference); and WHEREAS, Developer, Owner and City recognize the correctness of Coun.cil Policy No. 1.7, dated August 29, 1979, pn file with the City Clerk and incorporated by this reference, and tha't the C'ity'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 and Owner have 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 2. . i ’ . I. 888 Developer and Owner are aware that the City cannot and will not:be ' able to make any such findings without financial assistance to pay for such services and facilities; and, therefore, Developer and Owner propose to help satisfy the General Plan as implemented by Council Pol.icy No. 17 by payment of a public facilities fee. NOW, THEREPOPS, in consideration of the recitals and the covenants contained herein, the parties agree as follows: 1. The Developer and Owner 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 development 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 and Owner shall pay a fee for conversion of existing buildings or structures into condominiums in an amount iIOt 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 Municipal Code. Condominium shall include community apartment or stock cooperative. The terms "other construction permitsll, "other construction permit" and entitlement for use" as 3. 889 used in this agreement, except in 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 or occupancy for which the development is intended. Developer and Owner shall pay to City a public facilities fee in the sum of $1,150 for each mobile- home 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 fees, dedications or improvements required according to Titles 20 or 21 of the Carlsbad Municipal Code. A credit toward such any 18, fee shall be given for land which has purposes or for any fees paid in lieu 20.44 of the Carlsbad Municipal Code. 2. The Developer and Owner may been dedicated for park thereof pursuant to Chapter 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 and Owner offer to donate a site or City shall consider, but is not time for donation and amount of determined by City prior to the sites for public facilities, the obligated to accept the offer. The credit against the fee shall be issuance of any building or other permits. Such determination, when made, shall become a part of this agreement. 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 4. . 890 - 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 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.and Owner 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 and owner 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: 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, 5. 891 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 Mail, enclosed in a sealed envelope, addressed to Developer at the address as may have been designated, postage prepaid and certified. 7.3 If notice is given to Owner by personal delivery thereof to Owner or by depositing same in the United States Mail, enclosed in a sealed envelope addressed to Owner at the address set forth herein or at such other 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, Owner and the City, and references to Developer, Owner 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. At such time as Owner ceases to have any interest in the * Property, all obligations of Owner hereunder shall terminate; provided, however, that if any successor to the Owner's interest in the Property is a stranger to this agreement, such successor has first assumed the obligations of Owner in writing in a form 6. , . . ‘ .* : s 892 - acceptable to City. 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 IN WITNESS WHEREOF, , County, California as of OWNER: LLEWELLA DAVIES satisfied, City shall record- a release. this agreement is executed in San Diego the date first written above. DEVELOPER: Title PTR* BY Title ATTEST: CITY OF CARLSBAD, a municipal corporation of the State of California ALETHA L. RAlfTiNKRANZ, \ City Manager City Clerk TO FORM: City Attorney (Notarial acknowledgement of execution by DEVELOPER and OWNER must be attached.) 7. , , known to me to be the person- whose name--&L-subscribed to the within instrument and acknowledged tha t-&&&executed the same. STATE OF CALIFORNIA COUNTY OF San Dieqo > ss. On October 7, 1981 before me, the undersigned, a Notary Public in and for said County and State, personally appeared Char1 P q F - JZDW~ , known to me to be the person.- whose name__--subscribed to the within instrument and acknowledged that&executed the same. 893 - FOR NOTARY SEAL OR STAMP OFFlcrAc BEVERtY 0. AMIERSFN ._-..--.. NOTARY PUBLIC CALIFOANIA PRINCIPAL OFFICE IN SAN DIEGO COUNTY 8 SAFECO FOR NOTARY SEAL OR STAMP OFFICIAL SEAL PR!%CIPAI. OFF0 IN SAN ‘J!FGO COLlNTY , I . *, . 8. * I L,. i 894 - EXHIBIT “A” LEGAL DESCRIPTION Lots 5, 6,7&8 - Block K - Map 1747; "Palisades" Subdivision - City of Carlsbad, County of San Diego, 'California. Assessors Parcel Number: 206-08-6,7,29,30