HomeMy WebLinkAboutCT 84-41; Fieldstone Company; 89-158475; Public Facilities Fee Agreement/Release (2). a-
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RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: 89RAR 29 AH 8: 0s
CITY OF CARLSBAD 1 1200 Elm Avenue Carl sbad, California 92008
Space above this line for Recorder's use
Parcel No. 215-480-13, 14, 15
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this 14th day of Feburarv , 1989 by
and between the Fieldstone Company a California Corporation, hereinafter
referred to as "Developer" whose address is 5465 Morehouse Drive, Suite 250, San
Dieqo, CA 92121 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.
WITNESSETH:
WHEREAS, Developer is the owner of the real property described on Exhibit
tt A tt ,
l , attached hereto and made a part of this agreement, hereinafter referred
to as "Property"; and
WHEREAS, the Property lies within the boundaries of City; and
WHEREAS, Developer proposes a development project as follows:
a 240 unit subdivision of sinqle famliv house on said Property, which
development carries the proposed name of Alga Hills and is hereinafter referred
as "Development"; and
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WHEREAS, Developer filed on theJO- day of November, 1984, with the City
a request for a tentative map and a planned unit development hereinafter
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 is incorporated
by this reference); and
WHEREAS, Developer and City recognize the correctness of Council Policy
No. 17, dated July 28, 1987, 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
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 public
facilities fee.
NOW THEREFORE, in consideration of the recitals 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 3.5% 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.
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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 of existing building or structures into condominiums
in an amount not to exceed 3.5% 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 of use" as used in this agreement, except in reference
to mobile home sites or projects, shall 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 of occupancy for which the
development is intended. Developer shall pay the City a public facilities fee
in the sum of $1,150 for each mobile home 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 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 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.
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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 request reasonable assurances to enable
Developer to comply with any requirements of other public agencies as evidence
of adequate public facilities and service sufficient to accommodate the needs
to the Development herein described.
6. All obligations hereunder shall terminate in the event the Requests
made by Developers 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 by 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 attention of the City Manager, postage prepaid and certified.
7.2 If notice given to Developer by personal delivery thereof to
Developer or by depositing the same in the United States Mail, enclosed in a
.
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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 ensure to the
benefit of, and shall apply to the respective successors and assigns of
Developer and the City, and references to Developer City herein shall be deemed
to be references 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
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 satisfied, City shali record a release.
IN WITNESS WHEREOF, this agreement is executed in San Diego County, California
as of the date first written above.
DEVELOPER-OWNER: CITY OF CARLSBAD, a municipal
corporation of the State of
. TA i/y r3se/\/
(name)
,
I
By:
California
By: :
0 (Title)
ATTEST:
CAT. NO. NNOO632
TO 1946 CA (l-83) (Agent of Corporation) 85 TICOR TITLE INSURANCE 1’
f
e undersigned, a Notary Public in and for
r personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed
r the within instrument as the agent of the corporation
$
that executed the within instrument, and acknowledged to me that such corporation executed the within instru- ment pursuant to its by-laws or a resolution of its board
(This area for official notarial seal)
I ,
.
w $.R&
ALETHA L. RAUTENKRANZ, City Clebk
RCWALD R. BALI. 3.2&$‘7.
VINCENT F. BIONDO, JR.
City Attorney
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(Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.)
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EXHIBIT "A"
LEGAL DESCRIPTION
Parcels 1 and 3 of Parcel Map No. 13158, in the City of Carlsbad, County of San
Diego, State of California, according to map thereof, filed in the office of the
County Recorder of San Diego County on February 21, 1984 as File No. 84-61796
of official records.