HomeMy WebLinkAboutCT 83-03; Roy J. Ward Co; 83-146499; Public Facilities Fee Agreement/Release. .
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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.
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fUQ FEE
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. * . “\.. 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
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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
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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.
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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.
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.’ v * . . 2; ,’ The Developer LIUY offer to donate a site at sites for public
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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.
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‘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,
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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:
ROY J. WARD CO.
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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
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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-
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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.