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HomeMy WebLinkAboutCT 83-32; Vernon Savings & Loan Association FSA; 87-414006; Public Facilities Fee Agreement/ReleaseI, .*d -0’ i8lZ : . . ’ 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 AR g MG / _ 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: & -2- " - . REV 4-22-86 .’ . ~ - . * G 1814 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 -3- 1- REV 4-22-86 ’ . 4 1813 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. -4- REV 4-22-86 0 1816 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. -5 REV 4-22-86 . - ’ . - 0 1817. IN WITNESS WHEREOF, this agreement is executed in San piego County, c California as of the date .firstwritten abd;e.. . W"‘. \ -. i.,. ._ ' . . * DEVELOPE~~%klER~~.'.~.t'- 1.:' . . . 'i. G,,<. . : \, ,; :, . . Vernon Savings-ahd .Loaq.,Ass&iati'on, FSA . . _.. .., , ? . executive-.Vice .P:<ssident ‘.&id'.A's%'ociation"s w-. * : - (Tttle) Kepresefitative. . . . By *. ,,._ :. :. :., . .- . (Title) ., . . : . '. . ATTEST:. . . . . . . . . . -:’ *. ._ - CITY OF CARLSBAO, a_munjcipa; corporation of the- , State 6f California .,:a- . .. ... . . . . : . -. +,-. '. MARTIN ORENYAK, Commun- Development Director- - . . '; APPROVED AS TO FORM: & diz./z (%xz-w. ~.mw V~tktNi b 610~~0 City Attoiney ' JR l 9 (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) -6- REV 4-22-86 %' : _ - ., & *. :.: . . .- . . I ;... ..‘. .:.- . . . _ .:- . *.’ . .- - * -’ 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. . e:\j js\O707C-00 . 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.