HomeMy WebLinkAboutCT 82-21; MacDougall, Allan; 83-220428; Public Facilities Fee Agreement/Release. . JJJ 28
'RBCORDING REQUESTED EYiAMD
WHEN RECORDED MAIL TO:
1 CITY OF CARLSRAD 1200 Elm Avenue
,- 3-2204a
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Carlsbad, California 92008 ) I \t'r*“ I / 'Z Yi: ? 1 NO FEE I ccv,,ii 1 I' , Lj 1 , ,. ,i I:.
Space above this line for Recorder's use
Documentary transfer tax: $ No fee
%?LL yv-4 Signature of declarant determining tax-firm name
City of Carlsbad
Parcel No.a67--3daeaf, a0 7--340-/L
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AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this /$-day of
by and between ,7C
(name of developer-owner)
, hereinafter ref.erred to as partnership, etc.9
"Developer" whose address is (street9 .-
and THE CITY OF
CARLSBAD, a municipal corporation of the State of California,
hereinafter referred to as "City", whose address is 1200 Elm Avenue,
Carlsbad, California, 92008.
WITNESSETH: ($psi==J
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:
B if Q r Pad 3, SC, R 23 cor/stsA/ * S/Lt$&f F&/HcI+g - R&z /OM&S I
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.on said Property, which development carries the proposed name of
and is hereafter referred to as "Development"; and
WHEREAS, Developer filed on the /cday of
with the City a request for
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
WHEREAS, Developer and City recognize the correctness of Council
Policy No. 17, dated April 2, 1982, in file with the City Clerk 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 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 to help satisfy the
General Plan as implemented by Council Policy No. 17 by payment of a
public facilities fee.
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‘NOW, THEREFORE, in consideration of the reci. .ls and ““d the 30
co.venants contained herein, the parties agree as follows:
1. The Developer shall pay to the City a public facilities fee
in an amount not to exceed 2% of the building permit valuation of the
building 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. Developer
shall pay a fee for conversion o f existing building 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
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 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,
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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 agreed
upon in Paragraph 1 above. If Developer offers 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 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 con oistent with the General Plan and any
approval or permit for the Developnent 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 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.
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6. All obligatio hereunder shall terminat 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 of personal delivery
thereof to the City or by depositing same in the United States Mail, r
addressed to the City at the address set forth herein, enclosed in a
sea.led 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.
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 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 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.
9. This agreement shall be recorded but shall not create a lien
or security interest in the Property. When the’obligations of this.
agreement have been satisfied, City shall record a release.
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IN WITNESS WHEREOF, this agreement is executed in San Diego
County, California as of the date first written above.
DEVELOPER-OWNER: CITY OF CARLSBAD, a municipal corporation of the
State of California
'. t
BY BY
City Manager
- BY
(Title)
I
ATTEST:
.
APPROVED AS TO
. VINCENT F. BIONDO, JR.,
City Attorney
(Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.)
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jss.
On 16 June 1983 ,before me, the undersigned, a Notary Public in and for
said State, personally appeared Allan K. Macbugall - - - - - - - - - --
personally known to me (or proved to me on the basis of satis-
factory evidence) to be the person(Q) whose name(q) is/aresub-
scribed to the within instrument and acknowledged to me that
he/she/they executed the same.
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m b OFFICIAL SEAL
w ROBERTH. SONNEBORN
NOTARY PUBLIC - CALfFGRNIA PR:NCIPAC 0FF:CE !N
SAti DIEGO C%f?ITY- ’
(This area for official notarial seal)
a DESCRIPTION
\ A3 HO. 820186-l .- ,: ' _, i .'ACE HO. 1 EXHIBIT "A" . -, .
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That portion of Lot 4, Block "p" of BELLA VISTA, according to the Map
thereof No. 2154, and that portion of Lot "I" Ranch0 Agua Iicdionda,
according to the Hap thereof No. 823, both maps recorded in the Office
of the County Recorder of San Dicgo County, said lots arc located in the City of Carlsbad, County of San Dicgo, State of California, more parti-
cularly described as follows:
Commencing at the most Westerly corner of said Lot 4; thence Northeast-
erly along the Northwesterly line thereof North 43O47'42" East, 17.00
feet to the TRUE POINT OF BEGINNING; thence continuing along said line
North 43O47'42" East, 256.73 feet to the most Easterly corner of Lot 3
in Block "F" of said Bella Vista; thence along the Easterly line of i;aid
Lot 3 North 42°00'05" West, 62.80 feet to an angle point therein; thence
North 3°OO'05" West, 99.17 feet to the most Northerly corner of said Lot 3; thence along the Hortheasterly prolongation of the Northwesterly line
of said Lot 3 North 65O31'47" East 296.31 feet; thence South 45O48'45" East, 265.90 feet to the Northeasterly prolongation of the Southeasterly
lint of said Lot 4; thence Southwesterly along said prolongation and
Southeasterly line of said Lot 4 South 43°50'17" West 453.12 feet; thence leaving said line North 46OO8'27" West, 200.36 feet; thence South
43O47'42" West, 149.80 feet; theboo North 46OO8'27" West, 40.00 feet to
the TRUE POINT OF BEGINNING. .
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That portion of Lot 3, Block F. of Bella Vista, in the City of Carlsbad, County of San Diego, State of California, according to the Map thereof No. 2152,.filed in the OZfice of the County Recorder of said San Diego County, more part- icularly described as follows: --
Beginning at the most Southerly darner of said Lot 3; thence Ncrthwesterly along the Southwesterly line thereof North 46OO8'27" West, 57.37 feet; thence North 24"27'20" West, 99.93 feet; thence leaving said Southwesterly line North 65O32'40" Cast, 167.00 feet: thence North 24O27'20" West, 100.00 feet to a point in the Northwesterly line of said lot 3; thence along tne boundary of said lot 3, North 6S032@40" East, 126.33 feet; thence South 2°58*OO* East, 99.50 feet; thence South 41°58'OO" East, 62.36 feet; thence South 43O51'33" West, 273.83 feet to the POINT OP BEGINNING.
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Containing 39,058 square feet gross, of which 2617 square feet will be dedi- cated to the City of Carlsbad for widen- ing of Park Drive. This leaves 36,441 square feet of net area.
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