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Home My WebLink AboutCT 84-07; Daon Corporation and So-Cal Development; 84-140525; Public Facilities Fee Agreement/Release_I. . 1138; RECORDING -REQUESTED BY AND ) 'W';EN RECORDED MAIL TO: i CITY OF CARLSBAD 1200 Elm Avenue ; 1984 APR j 7 PiI I: 40 Carlsbad, California 92008 > VEI?,: I,. i..‘l 1 ‘* L : C()Uf-JiY iTif< (;f>ij<ii i 4 Space above this line for Recorder's use NO FEE Documentary transfer tax: $ No fee -l?/fxti Signature of declarant determining tax-firm name City of Carlsbad Parcel No. a23--&2o--3~ AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 2.3 day of &$lt,z~ , 19 -4 by and between SO-CAL DEVELOPMENT \ / (Name of Developer) . a rtnership, etc.) "Developer" whose address is 11300 Sorrento Valley-Road, Suite 200 and 'DAON CORPORATION (Name of Legal Owner) a Corporation , hereinafter referred to as .(Corporation, etc.) "Owner" whose address is - 1241 Elm Ave (Street) Carlsbad, CA. 92008 (City, State, Zip Code) AND the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City", whose address is 1200 Elm Avenue, Carlsbad, California, 92008. . . .I v L-139 RECITALS WHEREAS, Own%r is the owner of the real property described on Exhibit “A”, attached to and made a part of this agreement, and hereinafter referred to as “Property”-;’ and WHEREAS, the Property lies within the boundaries of City; and WHEREAS, Developer has contracted with Owner to purchase the Property and proposes a development project as follows: 496 D.U. Condominium Project on said Property, -which development carries the proposed name of La Costa Racquet Club Apartments and is hereinafter referred to as “Development”; and WHEREAS, Developer filed on the day of , 19 ‘) with the City a request for a tentative map and a master planned development. he-reinafter 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 incorporated by this reference); and WHEREAS, Developer, Owner and City recognise the correctness of Council Policy No. 17 dated April 2, 1982, on 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 -2- : 3 . ..UL 1140 WHEREAS, Developer and Owner have 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 and Owner are aware that the’ City cannot ,and will not be able to make any such findings without financial assistance to pay for such services and facilities; and, therefore, Developer and Owner propose to help satisfy the General Plan as implemented by Council Policy No. 17 by payment of a public facilities fee. NOW, THEREFORE, in consideration of t.he recitals and the covenants contained herein, the parties agree as follows: 1. The Developer and Owner 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 and Owner shall pay a fee for conversion of 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 “other construction permits”, “other construction permit” and “entitlement for use” as used in this agreement, except in reference to mobilehome sites or -3- REV 4-2-82 projects, shall not refer to grading permits or other permits for the construction of Lnderground or .s’treet improvements unless no other permit is necessary prior to the use or occupancy for which the development is intended. Developer and Owner shall pay to City a public facilities fee in the sum of $1,150 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. 2. The Developer and Owner 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 \l above. If Developer and Owner offers to donate a site or sites forpublic facilities, the City shall consider, but is not obligated to accept the offer. The time for dopation 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. . .’ .- _ 1142 . 4. City agrees to deposit the fees paid pursuant to this agre’ement .in a public facilities fund for the financing of public facilities. wh.en the City Council determines the need exists to provide the facilit’ies and sufficient.‘fu,nds from the payment of this and similar public facilities fees are available. 5. City agrees to provide upon request reasonable assurances to enable Developer and Owner 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. 6. All obligations 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 -not ice is given to the City of personal delivery thereof.. to the City or by de,positing 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. REV 4-2-82 -5- 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, Owner and the City, and-‘references to Developer, Owner or City herein shall be deemed to be reference to and include their respective successors and assigns without specific mentio’n 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. At such time as Owner ceases to have any interest in the Property, all obligations of Owner hereunder shall terminate; provided, however, that if any successor to the Owner’s interest in the Property is a stranger to this ‘agreement, such successor has first assumed the obligations of owner in writing in a form acceptable to . City. 9. This agreement shall be recorded,but shall not create a lien or secu.rity interest on the Property. When the obligations of this agreement have been satisfied, City shall record a release. -6- . . .,. - . 1144 ’ - a IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER: . . :" i &x&d -I\& . 0 t A . -- .* : ATTEST: ClTY OF CARLSBAD, a municipal corporation of the State of California . . . ALETHA L. RA %? City Clerk 7 APPROVED AS TO FORM: 1. VINCENT F. BIONDC, JR., . ' City Attorney .- I- *;-. (Notarial acknowledgement of execution by DEVELOPER and OWNER must be ---l..."---.-"--l." - - . . ‘ . attached.) -7- REV 4-2-82 ned, a Notary Public in and for the corporation therein named, and acknowledged to me that by-laws or a resolution of its board of directors. WlT6JES.S qy hand and official seal. Signature (This area for official notarial seal) STATE Of CALIFORNIA > . Orange ss. f COUNTY OF x E s onFebruary 13, 81984 Michael K'. before me, the undersigned, a Notary Public in and for Ryan SJ said State, personally appeared Z ir known to me to be the Vice President, and W.A. Colton. III E 9 V.P. .- t known to me to be the .%&&I$ of the corporation that executed the within instrument, I and known to me to be the persons who executed the within F ii instrument on behalf of the corporation therein named, and ac- P .P knowledged to me that such corporation executed the within f ij instrument pursuant to its by-laws or a resolution of its board of z directors. Marcia A. Brown MFICiAl SEAL __.. - _.._ --.- MARCIA A. Bllown Nolarr~Co;l~ia f My Cmmission Expires Ott 1. 1985 Name (Typed or Printed) (This araa for official notarial seal) c . ,-,_.C 1146’ ,- ) I k l . EXHIBIT "A" LEGAL DESCRIPTION Those portions of Lots 5 and 6 in Section 31, Township 12 South, Range 3 West, San Bernardino Base and Feridian, according to United States Government Survey, and of SEction 6, Township 13 South, Range 3 West, San Bernardino Base and Meridian, according to United States Government Survey, and of Lots 4, 5, 8 and 9 of Ranch0 Las Encinitas, according to Map thereof No. 848, filed in the Office of the County Recorder of San Diego County June 27, 1898, all being in the City of Carlsbad, in the County of.San Diego, State of California. ..L . . . -