HomeMy WebLinkAboutCT 82-24; Seagate Associates; 82-343969; Public Facilities Fee Agreement/Release._ ,. I. .- . _-I _-.._
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1200 Elm Avenue
Carlsbad, California 92008
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tax-firm name
-City of Carlsbad
Parcel No. d//-0ew.j
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--.- -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.
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,"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 .
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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.
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.’ . -. . $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.
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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.)
:
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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.