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HomeMy WebLinkAboutCT 81-44; American West Development Co; 81-387522; Public Facilities Fee Agreement/Release3 Af.te'r ,rcccj,tci,irq return ,to: ". . - 81487522 c!’ tv of i$.rl;baii c 1205 Elm Ave. Carl shad, CA 92008 ,bw?~~ J@o w @naK 1381 ~&~.QMX3F~;iiESTOF AGREEMENT BETWEEN OWNER, DEVELOPER cARUX~A P rCfTY CLERK AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE on: ta 9 37 Ill ‘81 ---_^--_ - GFFICI&L ~XGRBS THIS AGREEMENT is entered into this 2ndday of -- 1 Decc?m$$ ~~~~~~~~A 19 81, by and between -- C mm AMERICAN WEST DEVELOPMENT COMPANY I -.------I_ [Name - of Developer) a California corporation ---_ 7- -' (Corporation, partnership, etc.) hereinafter referred to as "Developer" whose address is ----E-._II- 113843 ---- (Street) I - Beverly ---__"_.- Hills, CA 90213 I (City, state, zip code) Lots 4 c 5, Block H Lots 1, 2, 3 and 20, Block H and Mavin & Elissa W. gdkoff, _._- - Tamarack-Carlsbad-Venture I Morise & Helen E. WeindliName $1 f Legal Ger) -- as individuals ~--I a limited partnership (Corp~raZ&, etc.) --' hereinafter~ referred to as "!Owll ?r" whose address is c/o Palomar Industrial & Commercial REalty, -,ZUi-Arbolado 1__-. 235 Jefferson St. (P.O.Box 937), Inc. (Street) Fullerton, CA 92635 Vista, CA 92083 , -- m-e-- (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 o.f this agreement, and hereinafter referred to as "Property"; and ‘ . * I I , . 11.1l - . ' WHEREAS, the Property lies within the boundaries of City; and WHEREAS; Developer has contracted with Owner to purchase the Property and proposes a development pro.ject as follows: . . 19-unit cow - on said Proper,ty, which development carries the proposed name of Tamarack Condominiums and is hereinafter referred to as "Development"; and WHEREAS, Developer filed on the 4th day of 'June , 1981 , --. with the City a request for Condominium p ermit, Tract Application and Environmental Impact Assessment (hereinafter referred to as "Request"; and WIIEREAS, 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); atid WHEREAS, Developer, Owner an& City recognize the correctness 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 faci'lities 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. . a’ 1 . I . . - IS12 . - 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 Policy No. 17 by payment of a public facilities fee. ‘ L NOW, THEREFORE, 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 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 Municipal. Code. Condominium shall include community apartment or stock cooperative. The terms "other 'construction permits", "other construction permit" and entitlement for use" as 3. . .’ ,’ , ’ 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 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 and Owner 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 and Owner offer to donate a site or sites for public facilities, 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 by City prior to the 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. . .’ . * 1114 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 consikuction 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. 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 thereof to Developer or by depositing the same in l Mail, enclosed in a sealed envelope, addressed to personal delivery the United States 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, Oxnex 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. ” , ,,I. L . III.6 - acceptable to City. 9. This agreement shall be recorded but shall lien or security interest on the property. When the this agreement have been IN WSTNESS WHEREOF, F County r California as of OK'NER !. not create a obligations of satisfied, City shall record a release. this agreement is executed in San Diego the date first written above. TAMARACK-CARLSBAD VENTURE .By: Pa!.cmar Industrial & Carnnercial Realty, Inc. Marvin Udkoff vi ATTEST: DEVELOPER: EE6MENT COMPANY Title President -.- - Title Secretar ---?-v---- CITY OF CARLSBAD, a'municipal corporation of the State of California BV .L -- City Manager City Clerk APPROVED S TO FORM: vt VTNCENT F. BIOmDO, JR., City Attorney (Notarial acknowledgement of execution by DEVELOPER.and OWNER must be attached.) 7. -. STATE OF CALIFORNI,- ; ss. COUNTY OF LOS ANGELES > under awea be th known Secre the c ‘S r .e It !O On Oec eflcjep 1 19 8/ before me, the igned, a Notary Public in and foi said Siate, personally ed PI//O E. _ ?AL;df-f , known to me to l/,Lld I to me to be the ary of Palcmar Industrial & Cclnmerical Realty, Inc. rporation that executed the within instrument and known ; .O me to be the persons who executed the within instrument on behalf of said corporation, said corporation being known to me to be one of the partners of Tamarack, Carl&ad Venture the partnership that executed the within instrument, and acknokledged to me that such corporation executed the same as such partner and - that such partnership executed the same. WITNESS my hand and official seal. Signature STATE OF CALIFORNIA, 1 COUNTY OF w ow3hl~e ss. lF$VIFl WIMESU~~ 5 t NOTARY FIIBLIC - CALIFORNIA I PRINCIPAL OFFICE IN ORANGECOUNTY t Z ommission Expires Feb. 12,19% ON -W3- 3 19&f before me, the undersi ned, a Notar Public in and for said State, personally appeared MI-VIII U & off an d Elissa W. Udkoff known to me to be the person% whose name& e subscribed to’ the within Instrument, and acknowledged to me that &he1 executed the same. I WITNESS mv hand and official seal. ACKNOWLEDGMENT-Gmml-Woicotta Form 23-Rev. 3-64 A .U.*IDI*lv OF *Ye”ICAII sT*TIONERI PRODUCT CO”, STATE OF CALIFORNIA, C”UNTY OF LOS ANGELES t l-l----l---lm-l-ll-----l i OFFICIAL SEAL CHARLOllE E. !EWELL : @ NOTARY PUBLIC CALIFORNIA , PRINCIPAL OFFICE IN , ! LOS ANGELES COUNTY : is MY bmmlssion Exp. NOV. 5. 1983 8 1 ---------1--D---------- ss. ON ember 2, ? 19-a before me, the undersigned, a Notary Public in and for said State, personally appeared ee , known to me to be the President, and Sarah V. Lafare , known to me to be the -Secretary of C-y the Corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument, on behalf of the Corporation herein named, and acknowledged to me that such Corporation executed the within Instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. r\ I , j, y.‘c?J .C<< e Notary Publicjrl and for said State. ACKNOWLEDGMENT-Corp., Pres. & Sec., Wolcotts Form 22sRev. 3-64 A SUBSIDI*RY OF AHERIC*N BTlTlONERI PRODUCTS CORP. ‘*- -ni . -J118 EXHIBIT "A" Legal Description Lots 1, 2, 3 and 20 in Block H of Palisades, in the City of Carlsbad,.County of San Diego, State of California, according to Map thereof No. 1747, filed in the Office of the County Recorder of San Diego County February 5, 1923. Excepting therefrom those portions of Lots 1, 2, and 3 granted to the State of California for highway purposes by Deeds recorded in Book 288, Page 322 and Book 289, Page 412 of Official Records. . and Lots 4 and 5 in Block H of Palisades, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1747, filed in the Office of the County Recorder of San Diego County, February 5, 1923. Excepting' therefrom that portion conveyed to the State of California by deed recorded in Book 356, Page 4 of Official Records, in the County of San Diego, State of California.