HomeMy WebLinkAboutCT 83-32; Vernon Savings & Loan Association FSA; 87-414006; Public Facilities Fee Agreement/ReleaseI, .*d -0’ i8lZ
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. ’ RE'CORDING REQUESTED BY AND 1
WHEN RECORDED MAIL .TO:
1 CITY OF CMLSBAD 1 1200 Elm Avenue Carlsbad, California 92008
Space above tnis line for Recorder'suse
S: RF/O 9
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Signature of declarant determining
tax-firm name City of Carl sbad
Parcel No. M4i @- a-, /67- /o-o-H-l-
AGREEMENT BETWEEN GEVELOPER-OWNER'
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this '@!, day of July ) 1987
by and between Vernon Savings and Loan Association', FSA,
(name of developer-owner)
a federally9 hereinafter referred to as
(Corporation, partnership, etc.) association
"Developer" WhOSe address is 14850 Montfort Drive
(street)
Dallas, Texas 75240
(City, state, zip code)
and THE CITY OF
CARLSBAD, a municipal corporation of the State of California, nereinafter
referred to as "City", WhOSe address is 1200 Elm Avenue, Carlsbad, California,
92008.
W I T N E S S E T H:
WHEREAS, Developer is tne owner of tne real property described on
Exnibit "A":, attacned hereto and made a part of this agreement, nereinafter
referred to as "Property"; and
WHEREAS, Tne Property lies within the boundaries df City; and
WHEREAS, Developer proposes a development project as follows:
a 204-unit residential subdivision
REV 4-22-86
1 . 0’ 1013 * . .( I on said Property, which development carries the proposed name of Calavera
Hills, Village "Q"
and is hereafter referred to as "Development"; and
WHEREAS, Developer filed on the 15th day of w ,
19 87, With the City a request for extensicmofthe
h..
hereinafter referred to as “Request”; and
WHEREAS, tne Public Facilities Element of the City General Plan
requires that t,he City Council find that all public facilities necessary to
serve a development wi 11 be available concurrent witn need or such development
sha?? 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 22, 1986, on file with the City Clerk ahd 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 tne proposed Development; and
WHEREAS, Developer has asked the City to find that public facilities
and services will be available to meet tne 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 nelp
satisfy the General Plan as implemented by Council Policy No. 17 by payment of
a public facilities fee.
NOW, THEREFORE, in consideration of the recitals and tne covenants
contained herein, the parties agree as follows:
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1. The Developer shall pay to the City a public facilities fee in an
amount not to exceed 2.,5% of the building permit valuation of the building or
structures to be constructed in the Development pursuant to the Request. Tne
fee snall 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 tne Carlsbad Municipal Code. Developer Sha??
pay a fee for conversion of existing building or structures into condominiums in
an amount not'to exceed 2.5% of the building permit valuation at the time of
conversion. Tne fee for a condominium conversion Sha?? 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. Tne terms "otner construction permits", "other construction
permit" and "entitlement for use" as used in tnis agreement, except in reference
to mobilehome sites or projects, sha?? 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 whicn the
development is intended.' Developer shall pay the City a public facilities fee
in the sum of $1,150 for each mobilehome space to be constructed pursuant to the
Request. Tne fee Sha?? be paid prior to the issuance of building or other
construction permits for tne development. Tnis fee Shall be in addition to any
fees, dedications or improvements required according to Titles 18, 20 or 21 of .
the Carlsbad Municipal Code.
2. Tne Developer may offer to donate a site or sites for public
facilities in lieu of all or part of tne financial obligation agreed upon in
Paragraph 1 above. If Developer offers to donate a site or sites for public
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facilities, tne City snall consider, but is not obligated to accept the offer.
The time for donation and amount of credit agajnst the fee shall be determined
by City prior to tne issuance of any building or otner permits. Such
determination, When made, shall become a part of tnis agreement. Sites donated
under tnis paragraph snall not include improvements required pursuant to Titles
18 or 20 of the Carlsbad Municipal Code.
3. This agreement and tne fee paid pursuant hereto are required to
.ensure the consistency of ttte Oevelopment With tne City's General Plan. If tne
fee is not paid as provided nerein, the City will not nave tne funds to provide
public facilities and services, and tne development will not be consistent wiih
the General Plan and any approval or permit for tne .Oevelopment Shall be void.
No building or other construction permit or entitlement for use Shall be issued
until the public facilities fee required by tnis agreement is paid.
4. City agrees to deposit tne fees paid pursuant to this agreement in
a public facilities fund for the financing of public facilities when the City
ines the need exists to prov ide the facilities and sufficient
payment of tnis and similar public facilities fees are '~
Council determ
funds from the
available.
5. City agrees to provide upon request reasonable assurances to enable
Developer to comply witn any requirements of other public agencies as evidence
of adequate public facilities and services sufficient to accommodate tne needs
of the Development nerein described.
6. All obligations nereunder snail terminate in the event tne Requests
made by Developer are not approved.
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7. Any notice from one party to the Other Shall be in writing, and
snail be dated and signed by the party giving ,s.ucn notice or by a duly
;-Q
authorized representative of sucn party. Any sucn notice shall not be effective
for any purpose whatsoever unless served in one of tne 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 tidress, set fortn herein, enclosed in a sealed envelope, addressed to tne
City for attention of tne City Manager, postage prepaid and certified.
7.2 If notice is given to Developer by personal delivery tnereof
to Developer or by depositing tne same in the United States Mail, enclosed in a
sealed envelope, addressed to Developer at the &dress as may have been
designated, postage prepaid and certified.
8. Tnis agreement snall be binding upon and snall ensure to the
benefit of, and shall apply to, the respective successors and assigns of
Developer and tne City, and references to Oeveloper or City herein Shall be -
deemed to be reference to and include tneir 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 Oeveloper
nereunder 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 snall be recorded but snail not create a lien or
security interest in tne Property. When the obligations of this agreement have
been satisfied, City snall record a release.
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IN WITNESS WHEREOF, this agreement is executed in San piego County,
c California as of the date .firstwritten abd;e.. . W"‘.
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DEVELOPE~~%klER~~.'.~.t'- 1.:' . . . 'i. G,,<. . : \,
,; :, . .
Vernon Savings-ahd .Loaq.,Ass&iati'on, FSA . .
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.., , ? . executive-.Vice .P:<ssident ‘.&id'.A's%'ociation"s w-. * : - (Tttle) Kepresefitative. . . .
By *. ,,._ :. :. :.,
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.- . (Title) ., . .
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ATTEST:.
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CITY OF CARLSBAO, a_munjcipa;
corporation of the- ,
State 6f California .,:a- . .. ...
. . . . : . -. +,-. '.
MARTIN ORENYAK, Commun-
Development Director- - .
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APPROVED AS TO FORM:
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V~tktNi b 610~~0
City Attoiney '
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(Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.)
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STATE OF TEXAS 1
COUNTY OF DALLAS
BEFORE ME, the undersigned authority in and for said County and State, on this day personally appeared Richard Buerkle known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he is the Executive Vice President and Association's Representative of Vernon Savings and Loan Association, FSA, a federally chartered mutual savings and loan association, and that he, being authorized to do so, executed the same for the purposes and consideration therein expressed.
"GIVEN UNDER MY HAND AND SEAL OF OFFICE this auly, 1987.
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. 0’ 1819 .> EXHIBIT "A" .
LEGAL DESCRIPTION
CARLSBAD TRACT 83-32 Q being a subdivision of a portion of lots
‘ID” and “.I” of the Ranch0 Agua Hedionda in the City of Carlsbad,
County of San Diego, State of California, according to m ap thereof
No. 823, filed in the Office of .the County REcorder of San Diego County
November 16, 1896.