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HomeMy WebLinkAboutCT 83-03; Roy J. Ward Co; 83-146499; Public Facilities Fee Agreement/Release. . r t \ . e RE6:kDING REOUESTEJ) BY {D ) CM.) lY(-yJ WHEN RECORDEd MAIL TO: .; CITY OF CARLSBAD 1. '_. 1200 Elm Avenue 1 Carlsbad, California 92008 ) Space above this line fo Documentary transfer tax: $ No fee Signature of declarant determining tax-firm name City of Carlsbad . Parcel No'. J 08 f-/GM AGKEEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this tiCday of JU/l/UAe\j , 198_3 by and between ROY J. WARD CO. (name of developer-owner) a CALIFORNIA CORPORATION , hereinafter referred to as (Corporation, partnership, etc.) '. "Developer" whose address is 3065 fMDISOr\; SiREET (street) . CARLSBAD, CA 92008 and THE CITY OF *(City, state, zip code) CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City", whose address . . Carlsbad, Califirnia, 92008'. WITNESSETH: . WHEREAS, D,eveloper is the owner of the re on Exhibit "A:, attached hereto and made a part of this agreement, hereinafter referred td as "Property"; and I' WHEREAS, The Property lies with‘in the boundarie's of City; and WHEREAS, Developer proposes a development project as follows: 5 LOT TENTATIVE MP AND PRE-ZONE. REV 4-2-02 fUQ FEE . . * . “\.. 1 7 I) 8 . on *s-aid Property, whit' -development carries the I-posed name of WARD TENTATIVE MAP. and is hereafter referred to as "Development"; and , WHEREAS, PI, Developer filed on the a day of JAW%? Y 9 1983 , with the City a request for ANNEXATION TO THE CITY AS A CONDITION OF APPROVAL OF TENTATIVE MAP. THE ANNEXED PARi3iL IS TO EE PREZONED P-C. c-T-83-3 zc -a73 hereinafter referred to as "Request"; and WHEREAS, the Public FaciliLies 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 referenc.e); 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 l 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 I. public facilities fee. . +c ' REV 4-2-82 * i . . . . . . . *,' 1709 - NOW', THEREF6KE, i consideration of the ret 11s 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 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, "oth'er 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 undcrgrpund 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 fe,c in the sum of $1,15O.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. -3- REV 4-2-82 .’ v * . . 2; ,’ The Developer LIUY offer to donate a site at sites for public 0 facilities’in lieu of all or part of the financial obligation agreed 49 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 r.equest 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- REV 4-2-S; . . ...~__. .,_ .,.__ _” .,.““. -. . nl . . T T . .*’ Y, ,I -;. ‘3 ’ 6. .A11 obligatior- 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, 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 t-o 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 I’ 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 satisf.ied, City shall record a release, -5- R&V 4-2-82 5 . . , . * >. .’ ” :, . IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above, DEVELOPER-OWNER: ROY J. WARD CO. - B’;’ - .* 7-Tzm-- CITY OF CARLSBAD, a municipal corporation of the State of California BY City Manager ATTEST: ALETHA L. RAUTENKRRNZ, City Cledk , APPROVED AS TO FORM: VINCENT-F. BIONQO, JR., . City Attorney . (Notarial acknqwledgement of executioi by DEVELOPER-OWNER must be attached.) 1 l 9 . . REV 4-2-82 . -6- - NOTARY PUBLIC. CALIPORNI PRINCIPAL OFFICE IN SAN DIEGO COUNTY CORPORATION ACKNOWLEDGMENT Manager or Officer Form No. 15 Rev. l-S2 ON __________________ t!h&k?B~ ______ d!$Z _______ __ --------------------, J ISd$before me, the proved to me on the basis of satisfactory evidence to be the person--...- who executed the within instrument on behalf of the Corporation therein named, and acknowledged to me that such Corporation executed the within instrument pursuant to its By- ; I’, . ‘, * I dL* * EXHIBIT “A” LEGAL DESCRIPTION LOT 29 OF MAP NO. 9935 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 16, 1982 AND A PORTION OF LOT “E” OF RANCH0 AGUA HEDIONDA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 823, FILED IN TI-E OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896.