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Home My WebLink AboutCT 85-16; Lancaster Townhomes Ltd; 87-447272; Public Facilities Fee Agreement/Release, .,’ .,_ - I ‘U 447272 . . u ’ 1115 - . ..( I RECORDING REQUESTED BY AND 1 . WHEN RECORDED MAIL TO: r -- i?b COTri.lEL1 !ti o"~~!~;l,~,(e .'[ [:',p[‘s or i /', "i :: 1 f 5 r, i 1 y ! ;,' i j,,) ;; ;I 1 1 CITY OF CARL%0 1 is!?7 AN - 7 pi4 3: 5 g 1200 Elm Avenue Carlsbad, California 92008 VERA L... t.Yi !< L- COliN I 1 '( i<i (:i.pi)i :i I .-.._ ._,, 1 Space above tnis line for Recorder's use Documentary transfer tax: m Signature of declarant determining tax-firm name City of Carlsbad Parcel No. 215-250-40 AGREEMENT BETWEEN CEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into tnis 26th day of May , 19 87 by and between (name of developer-owner) a Partnership/l ancaster Townhomes, Ltd., hereinafter referred to as (Corporation, partnership, etc.) "Developer" Whose address is 7740 El Camino Real, Suite H, La Costa, (street) CA 92009 (City, state, zip code) and TrlE 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 ITNESSETH: WHEREAS, Developer is the owner of tne real property described on Exhibit "A":, attached hereto and made a part of this agreement, hereinafter referred to as "Property"; and WHEREAS, Tne Property lies within tne boundaries of City; and WHEREAS, Developer proposes a development project as follows: REV 4-22-86 cr ~5I 6 1 .‘. . . . ’ . . I on said Property, which development carries tne proposed name of Las Casitas Terraza and is hereafter referred to as l'Development"; and WHEREAS, Developer filed on tne 24th day of April 9 19 85 , witn tne City a request for A fourteen (14) unit PUD hereinafter referred to as "Request"; and WHEREAS, tne Public Facilities Element of the City General Plan requires tnat the City Council find that all public facilities necessary to serve a development will be available concurrent with need or sucn development shall not be approved (said element is on file With tne City Clerk and is incorporated by tnis reference); and WHEREAS, Developer and City recognize tne correctness of Council Policy No. 17, dated April 22, 1986, on file witn the City Clerk and incorporated by tnis reference, and tnat tne 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, Oeveloper hdS asked the City to find tnat public facilities and services will be available to meet tne future needs of tne Development as it is presently poposed; but the Developer is aware tnat tne City cannot and will not be able to make any such finding without financial assistance to pay for such services and facilities; and tnerefore, 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, tne parties agree as follows: -2- REV 4-22-86 , . . ., - . ,. \ . c 1117 1. The Developer snall pay to the City a public facilities fee in an amount not to exceed 2.5% of the building permit valuation of tne building or structures to be constructed in the Development pursuant to tne Request. Tne fee wall be paid prior to the issuance of building or other construction permits for the development and shall be based on the valuation at tnat time. Tnis 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 mount not to exceed 2.5% of tne 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. Tne terms "other construction permits", "other construction permit" and "entitlement for use" as used in this agreement, except in reference to mobilehome sites or projects, snall not refer to grading permits or other permits for tne construction of underground or street improvements unless no Other permit is necessary prior to tne use or occupancy for WhiCn the development is intended. Developer snall pay the City a public facilities fee in tne sum of $1,150 for each mobilenome space to be constructed pursuant to the Request. The fee wall be paid prior to tne issuance of building or otner 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. The 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- REV 4-22-86 ? tJ 1118 facilities, tne 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 snail 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 tne Development with the City's General Plan, If tne fee is not paid as provided herein, the City will not have tne funds to provide public facilities and services, and tne development will not be consistent with tne General Plan and any approval or permit for tne Development shall be void. No building or Other construction permit or entitlement for use Shall be issued until tne 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 icient ines the need exists to provide tne facilities and suff Council determ funds from the available. payment of this and similar public facilities fees are 5. City agrees to provide upon request reasonable assurances to enable Developer to comply with any requirements of otner public agencies as evidence of adequate public facilities and services sufficient to accommodate the needs of the Development herein described. 6. All obligations nereunder snail terminate in the event tne Requests made by Developer are not approved. -4- REV 4-22-86 L 1119 . 7. Any notice from one party to tne other shall be in writing, and snall be dated and signed by tne party giving sucn notice or by a duly autnorized representative of sucn party. Any SUC~I notice shall not be effective for any purpose wnatsoever 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 address set forth 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 address as may have been designated, postage prepaid and certified. 8. Tnis agreement snall be binding upon and snall ensure to the benefit of, and snall apply to, the respective successors and assigns of Developer and tne City, and references to Developer or City nerein snall be deemed to be reference to and include their respective successors and assigns witnout specific mention of such successors and assigns. If Developer should cease to nave any interest in the Property, all obligations of Developer hereunder Shall terminate; provided, however, that any successor of Developer's interest in the property snall have first assumed in writing the Developer's obligations nereunder. 9. This agreement Shall be recorded but snall not create a lien or security interest in the Property. Wnen tne obligations of this agreement nave been satisfied, City snall record a release. -5- REV 4-22-86 .i*. . . r . . . . I 6 - e 1120 . -: . . . L 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 California /General Partner BY Develapment Director ATTEST: APPROVED AS TO FORM: 624 R t.$p.ee, @w-f* 7.&7.&~7. m- BIONDO, JR.; City Attorney .’ i (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) -6- REV 4-22-86 , . ,- EXHIBIT “A” - . tJ 1123 1 LEGAL DESCRIPTION Lot 185 LA COSTA MEADOIJS UNIT No. 1, in the County of San Diego, State of California, according to Map thereof No. 6800, filed in the Office of thq County Recorder of San Diego County, December 9, 1970. CAT. NO. NNOO630 TO 1946 CA (7-82) (Partnership) STATE OF CALIFORNIA COUNTY OF San Diego t On May 26, 1987 before me, the undersigned, a Notary Public in and for br I C L l MI te Y Jr. .1 : said State, personally appeared r Y .X !! personally known to me or moved to me on the basis’of satisfactorv evidence to be who executed the with6 instrument as 2 i;henF~~YpaFt Derof the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. WITNESS my ha&and official seal. Signature **+++8*t**++***f***3~~~~~~~~~~:~*~~~*~ OFFIClAL SEAL t DAVQI /‘,p>Ji‘,jETTE VUS]CI( z CvOTARY I:i;ZLiC-C.~,LtFORNIA $ IIOT.?RY BOND FILUI IN SAN DiEGO COUNTY $ 2 My Commission Expires October 31. 1989 * r8**1*~**+*1$*****+8~~8~~8~~8~~~~88~~ (This ~8 for official notarial seal)