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HomeMy WebLinkAboutCT 82-02; OGara, Michael & Vicki; 82-030752; Public Facilities Fee Agreement/Release1,200 Ekln Ave. 8243075’2 - . Carlsbad, CA 92008 . AGREEMENT BETWEEN DE~LOp.i'+(J,j'NER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this ,by and between NO fn /3 '&.& I ,hereinafter referred to as "Developer", whose address is ? (street) / (City, , 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. -, , WITNES'SETH: 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: . 4MAR 80 1614 - on said Property, which development carries the proposed name and is hereafter referred.to as "Development"; and WHEREAS, Developer filed on the 19 a4 . with the City a request for . I I &--&cl -J/C/2oa, I . (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 is incorporated by this reference: and ,.WREREAS, Developer and City recognize the correctness of Council Policy No. 17, dated August 29, 1979, on file with the City Cletk and incorporated 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 th e City cannot and will not be able to make any such finding without . ' such services and facilities: financial assistance to pay for and, therefore, Developer proposes 2. . i . , ,. 1615 '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 fee in an amount not to exceed 2% of the City a public facilities . 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 develop- ment 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 shall structures into building permit pay a fee for conversion of existing buildings or condominiums in an amount not to exceed 2% of the 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 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 or occupancy for which . 3. . the development is intended. Developer shall pay to City a public facilities fee in the sum of $1,150 for each mobilehome spa.ce 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 agreed upon in Paragraph 1 above. If Developer OfferS.tO : donate a site or sites for public facilities, the City shall con.sider, but is notobligated to accept the offer. '<he 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, shallbecome a part of this agree- 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 pursuant 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. 1.61’7 be void& No building or other.construction permit or entitlement for use shall be issued until the public facilities fee required by this agreement 4. City agreement in a is paid. agrees to deposit the fees paid pursuant to this 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 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 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, 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 5. __- J . . . . ‘, . IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. 1618 - DEVELOPER-OWNER: CITY OF CARLSBAD, a municipal . corporation of the State of California . #$$~/a. O&& (Name) . BY h?!$&H/ BY City Manager r (Title) / BY (Title)- ATTEST: APPROVED AS TO FORM: VINCENT F. BIONDO, JR.., City Attorney (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) 7. c 1 1619 - STATE OF CALIFORNIA, ss. COUNTY OF SAN DIEGO ON finu..&.T q 27: I 19B.s before .me, the undersigned, E$yLublic in and for’ said State, ‘personally appeared if,-:.*, s. 0 , known to me, to be the person- whose name \SYsubscribed to the within Instrument, and acknowledged to me that She- executed the same. gvsa@~80~G40~6C00*+~v~4~0~~+~~ v P-51. f?-‘:-;r.l,&~ SEAL, 9 ACltNOWLEOGMENT-Gmerrl-Wokottr Form 228-Rev. 364 WITNESS my hand and official seal. TikJjL~ b!bhdiAw Notary Public in &I& r said State. STATE OF California t ss. COUNTY OF SAN DIEGO ON k(?fMhFK \T , l&L before me, the undersigned, a Notaty Public in and for said State, personally appeared tq\c fl.A.E\ -n \ C-Y GBT;rA. , known to me, to be the person- whose name- 15 --subscribed to the within Instrument, and acknowledged to me that -he- executed the same. WITNESS my hand and official seal. f I EXHIBIT "A" That portion of Tract Two Hundred Thirty-eight of Thum Lands, in the County of San Diego, State of California, according to Map thereof No. 1681, filed in the Office of the County Recorder of San Diego County, described as follows: Beginning at a point in the center line of Chinquapin Avenue, which said point is distant 557.93 feet on a bearing of South 61"21' West from the center line intersection of Chinquapin Avenue with the center line of Adams Street; thence from the said beginning point South 28"39' East a distance of 259 feet; thence South 61'21' West a distance of 437.02 feet; thence North 28'39' West a distance of 259 feet to the center line of Chinquapin Avenue; thence North 61'21' East a distance of 437.02 feet along the center line of Chinquapin Avenue to the place of beginning. EXCEPTING that the following portion of said real property was by Grant Deed recorded October 11, 1966, as No. 163477, deeded to the State of California; "That portion of Tract 238 of Thum Lands, according to Map thereof No. 1681, filed in the Office of the County Recorder of San Diego County, December 9, 1915, described in the deed to Gilbert R. Kidson, et ux, recorded October 25, 1944, in Book 1768 at page 102, San Diego County Official Records, lying Westerly of the following de- scribed line: "Beginning at a point on the Course described as S.72"57'48" W., 50.00 feet in the deed to the State of California, recorded November 27, 1951, in Book 4302 at Page 239, San Diego County Official Records, said point bears S.73"33'06" W., 25.00 feet from the Easterly terminus of said course; thence (1) No. 18"17'05" W., 375.17 feet; thence (2) N. ' 15"23'41" W., 44.24 feet; thence (3) N. 21'24'23" W., 1131.23 feet to a point on the course described as S. 12"27'32" E., 304.84 feet in the deed to the State of California, recorded November 9, 1951, in Book 4287 at page 97, San Diego County Official Records, last said point bears N. ll"52'12" W., 98.13 feet from the Southerly terminus of last said course. (also) "EXCEPTING THEREFROM that portion conveyed to the State of California, in Proceeding No. 170970, Parcel 1, by Final Order of Condemnation, recorded January 19, 1953, in Book 4721 at Page 46, San Diego County Official Records. "Containing 0.37 acres, more or less, in addition to that portion of the above described parcel included within Chinquapin Avenue. "The bearings and distances used in the above description are on the California Coordinate System, Zone 6. Multiply distance shown by 1.0000472 to obtain ground level distances. "This conveyance is made for the purpose of a freeway and the gran- tor hereby releases and relinquishes to the grantee any and all abutter's rights, including access rights, appurtenant to grantor's remaining property, in and to said freeway."