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HomeMy WebLinkAboutCT 82-26; Aroney, Theodore; 83-015870; Public Facilities Fee Agreement/Release_‘* .< * . <. 83-015870 . ,RECORDING REQUESTED BY AND C WHEN RECORDED MAIL TO: 1 r RECOl?.flFt~ :.$I OFFICIAI. F$:cC:fq)s ' 1 OF SAN DEGC t"ix;ri~y.c~. CITY OF CARLSBAD 1200 Elm Avenue 1383 JAN 17 AH 9: 57 Carlsbad, California 92008 ) VEF?h t I,.r LE CfJIJfdT y ji.$-!&?; Space above this line for Recorder's use oE) NO FEE Documentary transfer tax: $ No fee -x %fliK %I& SrgnatJre of declarant determining tax-firm name City of Carlsbad Parcel No. 216-130-39&62 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 Decemb@r , 1982 bv and between Theodore Aroney, an unmarriedmn' (name of developer-owner) an individual ,-hereinafter referred to as (Corporation, partnership, etc.) "Developer" whose address is 7220 Arena1 Lane (street) Carlsbad, CA 92008 Tity, state, zip code) and THE CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City", whose address hereinafter referred to as "City", whose address is Carlsbad, Carlsbad, California, 92008. California, 92008. WITNESSETH: WITNESSETH: WHEREAS, WHEREAS, Developer is the owner of the real Developer is the owner of the rea rty des 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: Developer proposes to construct a 72 unit condominium project REV 4-2-82 $7 - &3 -3(H - czi.3 - i553 - * I ’ . on'baid Property, whit.. development carries the p,dposed name of AlicanteVkw and is hereafter referred to as "Development"; and , WHEREAS, Developer filed on the gfh day of December -- 3 19 82 , with the City a request for Tentative Subdivision Map and Condcminim Permit awroval 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. -2- REV 4-2-82 . NOW, THEREFORE, -3 consideration of the re --‘:als and the . \ 1560 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 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 provid’ed 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 p’ursuant 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 Carlshad Municipal Code. REV 4-2-82 -3- - - 1561 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 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 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. -t- b F I, L-1-43 .* _.... _ 1562 * ’ I, ’ *-* 6. All obligatio.., 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 of 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 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. -5- REV 4-2-82 . _’ 1563 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 T.P.B. Investamt Theodore Aroney, an individual State of California hMPr-Tb~7~ln1~r i, ’ Title) . BY (Title) ATTEST: , VINCENT F. BIONDO, JR., City Attorney . L i (Notarial acknowledgement of execution by DEVELO+'ER-OWNER must be . _ _I_- , attached.) -6- REV 4-Z-82 State of California County of San Diego On this the 1 __ day of December Dorothy E. Becker 1982, before me, the undersigned Notary Public, personally appeared Theodore Aroney __---------------------- 0 personally known to me B proved to me on the basis of satisfactory evidence to be the person(3 whose name(@ is subscribed to the within instrument, and acknowledged that he executed it. WITNESS mv hand and official seal. ~EMC.lWi mTARY PUBLNI GENERALACKNOWLEDGMENTFORM 7110052 NATIONAL NOTARY ASSOCIATION l 23012 Ventura Blvd. l Woodland Hills. CA91364 . . ._. ._. __ &... .z. _ .l-_l.-_ ._._._ __.-L__ _._-. I_--.----- ---.- ,, - # <” I - d-N (I EXHIBIT “A" 1565 LEGAL DESCRIPTION Parcel 3 of Parcel Map 11722, filed in the Office of the County Recorder of San Diego County, October 9, 1981, being a portion of Section 36, Township 12 South, Range 4 West, San Bernardino Meridian, San Diego County, California and Tract No. 72-25, in the City of Carlsbad, according to 1Jap thereof Number 8266, filed in the Office of the County Recorder of San Diego County. EXCEPTING THEREFROM all minerals; mineral rights, oil rights, natural gas, natural gas rights, petroleum, petroleum rights, other hydrocarbon substances, geothermal steam, all underground water and all products derived from any of the foregoing, in or under or which may be produced . from the property which underlies a plane parallel to and 500 feet below the present surface of the property, together with the perpetual right of drilling, mining, exploring and operating therefor and storing in and removing the same from the property or any other land, including the right to whipstock or directionally drill.and mine from lands other than the property, oil, water, or gas wells, tunnels and shafts into, tnrough or across the subsurface of the property and to bottom such whipstocked or directtially drilled wells, tunnels and shafts under and beneath or beyond the exterior limits thereof and to redrill, retunnel, \ equip, maintain, repair, deepen and operate any wells or mines, without, however, the right to drill, mine, store, explore and operate through the surface of the upper five hundred (500) feet of the subsurface of the.property, as reserved by Daon Corporation, in deed recorded May 14, 1982 as File No. 82-144771 of Official Records. FURTHER RESERVING THEREFROM, an easement-in-gross, together with the exclusive right to emplace on, under, and across the property, trans- mission lines, cables, conduits, manholes, markers and other facilities for a community antenna television system and necessary fixtures and appurtenances, and the right to enter thereon to service, maintain, repair, reconstruct, improve and replace such facilities; provided, however, that the exercise of the rights does not unreasonably interfere with Grantee's reasonable use and enjoyment of the property. GRANTEE HEREBY COVENANTS AND AGREES by the recording of this Deed that the covenants and conditions of Grantee to be performed after recordation of this Deed under that certain purchase Agreement and Escrow Instructions ("Purchase Agreement") between Grantor and Grantee dated April 27, 1982, including without limitation the covenants and conditions under Exhibit E (General Conditions) to the Purchase Agreement, shall be considered to be covenants running with the land, and the word "Buyer" in those covenants and conditions shall also include any successors-in-interest of Grantee in the property or any portion thereof. Upon the full performance of these covenants, Grantor agrees to sign a release of the covenants running with the land as each phase of Grantee's development of the Property has been sold by Grantee.