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HomeMy WebLinkAboutCT 82-24; Seagate Associates; 82-343969; Public Facilities Fee Agreement/Release._ ,. I. .- . _-I _-.._ /” f I . ,- 1 - . 2198 ’ . * RECORDING RE0UESTED BY AND WHEN RECORDED MAIL TO: .i CITY OF CAR&AD )', . > ’ 82-343969 ; WE(;Q&y?~~~, pi *-----! .r QRxllh~, RZrrl(:!.: [I:; 1 OF SAlW ~if;Cti CC!IMI y. {:A, j 1200 Elm Avenue Carlsbad, California 92008 . tax-firm name -City of Carlsbad Parcel No. d//-0ew.j _- --.- -r -.-^.- AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLI'C FACILITIES FEE THI!' AGREEMENT is entered into this flay of mw 19m l by and between - .- 0-. - (name of developer-owner) -- *--. ., )I .- a aLkwu\A. QcpPwwr~, hereinafter referred to as -7CorpZZtion, partnership, etc.) "Deve lop'e‘r" whose address is. SCD~TR ;ZIeo . L&~OLIC~ CA, 9Z03.7 and TJIE CITY 05 (City, state, zip code) CARLSBAD, a municipal corporation of the State of California, . hereinafter referred to as "City", whose address . . Carlsbad, California,.920D8. . : W I'T N E' S S E T H: 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 L WHEREAS, Developer proposes a development project as follows: REV d-2-82 o.n said Property, which development carries the proposed name of * and is hereafter referred to as' "Development"; and . WHEREAS, Developer filed on the -day of- f 19_197-, with the City a request for 6s A % ma- on~l=u&'&~ UuiT z.ek.Amu*- w-4 k r-r-c.%, hereinafter referred to as "Request"; and . *WHEREAS, the Public Facilities E'lement of tbe City General Plan requires that the City Council find that all. public facilities . necessary to serve a development wil'l be available concurrent with need or such development shall not be approved isaid element is on file with the City Clerk and is incorporated'by this reference).; and WHEREAS, Developer and City recdgnize 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 Citp,'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 .fj,nx? that public. . facilities and services will be available to meet-the future needs of the Development as it is presently proposed; bug the Dkveloper is aware that the City cannot and will not be 'ableto?make any such . finding without financial assistance to pay for such services and ,facilities; and therefore, Developer propose.s to help satisfy the General Plan as implemented by Council Policy No. '17 by payment of a public facilities fee. -2- . REV 4-2-82 . 22()& ‘. . ,"NOW, THEREFORE, i,, consideration of the reci-dls and the covenants 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 .Req,uest. The fee shall be paid prior to the issuance of building or other construction permits for the devklopment 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 Carlsba'd Municipal Code. Developer sh'all pay a fee for conversion 0 f.existing building or structures into condominiums in an amount not to exceed 2% of the building permit va'luation 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 $1,1'50 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 acc0rdin.g to Titles 18, 20 or 21. of the Carlsbad Municipal Code. 1 1 . -3- REV 4-2-82 22or 2. The Developer may offer'to donate a site or sites for public facilities in lieu of all or pa,rt of the f,inancial 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 L this paragraph shall not include improvements required plrsuant to Titles 18 or 20 of the Carlsbad Muni.cipal Code. 3. This agreement and the fee paid pursuant hereto are required to ensur'e 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 be void. No building or other construction permit or entitlement for use shall be issued untii 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 e.xists 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. -4- . . t .’ . -. . $202- , . ' ' 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 manne-s: 7.1 If noti.ce is given to the City of personal,delivery thereof to the City o.r by depositing Fame in-the United States Mail, addressed 3.0 the City at the address set forth herein, enclosed in a sealed envelope, addressed to the City for attention of the City Manager, I rlostage prepaid and certified. 7.2 If notice is given to' Developer b,y personal delivery there0.f to Deireloper or by depositing the same in the United States Mail, enclosed in a sealed envelope, addressed t:o Developer at the address as may have been designated, 'postage pre.paid and certified. : '8. 'This agreement shall be binding upon and shall inure to the benefit of,, and shall apply to, the respect,iv,e 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.men.tion of such successors 4 . . and assigns. If Deve1ope.r should cease to have any interest. in the Property, all obligations o'f Deve.loper 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 bee11 satisfied, City shall record a release. -5- . REV 4-2-82 . . . . b . I . 22h * IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the dite first wiitten above. DEVELOPER-OWNER: CITY Ol? CARLSBAD, a municipal coiporation of the State of California SEA GATE ASSOCIATES (n;;;> BY --- City Manager. ATTEST: ALETKA L. APPROVED AS / VINCENT F. BIONDO, JR., City Attorney . . (Notarial,acknowledgement of execution by DEVELOPER-OWNER must be "(attached.) : -6- REV 4-2-82 Partnership Acknowledgment STATE OF CALIFORNIA 2204 San Diego ss. COUNTY OF On October 29, , 198? befo re me, the undersigned, a Notary Publrc in and for said County and State, personally appeared Ralph Djemal and Irving Okovita known to me to be two of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. Notarv Seal Notary Public in and for said County and State. OFFICIAL &Al. h BAQBARA L. PACE NOTARY PUBLIC l CAltFOrUltA Principel ONke in San Meg0 County My Commidon Exp. Feb. 13,1984 EXHIBIT "A" LEGAL DESCRIPTION Parcel B of Parcel Map 2949, City of Carlsbad, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County on August 9, 1974, File No. 74-216632, being a portion of A portion of Lot H of the Ranch0 Agua Hedionda in the City of Carlsbad, County of San Diego, State of California, according to Map No. 823 on file in the office of the County Recorder, San Diego County, and further described as: Parcel B of Parcel Split No. 140-A on file in the office of the City Engineer, City of Carlsbad.