HomeMy WebLinkAboutCT 85-17; Huntington Beach Company; 86-439759; Public Facilities Fee Agreement/Release1- 8~6 439759
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WHEti ?EtOPDED t4QIL TO: 99.7
CITY OF CARLSBAD 1
1200 Elm Avenue
Carlsbad, California 92008
~986OCT -I PH I:30
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Space above tnis line for Record& use -.I
Do transfer tax**
Signature of declarant determining
tax-firm name / City of Carlsbad J J.i /
Parcel No. ~/i+w~ 03, og o$ q OF, 0 7
AGREEMENT BETWEEN CEVELOPER-OWNER
AND THE CITY UF CARLSBAO FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into tnis lsth day of s, 19 86 u .by and between I . Huntington Beach Cmpany
(name of developer-owner)
a California Corporation , hereinafter referred to as
(Corporation, partnersnip, etc.)
"DeveloperM whose address is 2110 Main Street
(street)
tinerton Beach, CA 92648-2499
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,
92008.
WITNESSETH:
WHEREAS, Developer is the owner of tne real property descr
Exnibit "At':, attached hereto and made a part of tnis agreement, nereinafter
referred to as “Property"; and
WHEREAS, Tne Property lies within the boundaries of City; and
WHEREAS. Developer proposes a development project as follows:
l;O Acre ilked Industrial Park -
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on said Property, wnicn development carries tne proposed name of -- --- ____ -. .-
College Business Park --- -__ --
and is hereafter referred to as "iIevelopment"; and
WHEREAS, Developer filed On tne ath day Of Awl
19 8~ , witn the City a request for Zone change, tentative tract map and
hereinafter referred to as "Request"; and
WHEREAS, tne 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 sucn development
shall not be approved (said element is on file with the City Clerk and is
incorporated .by this reference); and c: .
WHEREAS, Developer and City recognize tne correctness of Council Policy .
No. 17, dated April 22, 1986, on file with the City Clerk and incorporated by
this reference, and that 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 has asked the City to find that public facilities
and services will be available tc meet tne future needs of tne Development as
It is presently woposed; but the Developer is aware tnat the City cannot and
will not be able to make any sucn finding without financial assistance to pay
for sucn services and facilities; and therefore, Developer proposes to help
satisfy tne General Plan as implemented by Council Policy No. 17 by payment of
a public facilities fee.
NOW, THEREFORE, in consideration of tne recitals and tne covenants
contained herein, tne parties agree as follows:
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1. Tne Oeveloper Shall pay to tne City a public facilities fee in an
amount not to ace@ 2'iS$'of tne building permit valuation of the building or
structures to be constructed in tne Development pursuant to tne Request. Tne
fee snail be paid prior to tne issuance of building or otner construction
permits for tne development and snail be based on the valuation at tnat time.
Tnis fee snail be in addition to any fees, dedications or improvements required
pursuant to Titles 18, 20 or 21 of tne Carlsbad Municipal Code. Developer Shall
pay a f,ee for conversion of existing building or structures into condominiums in
an "~~irt"iiot~tci"'scceCtd~-~:5% ,of tne building permit valuation at the time of ,
conversion. Tne fee for a condominium conversion shall be paid p-ior to tne
issuance of a condominium conversion permit as provided in Chapter 21.47 of the
Carlsbad Municipal Code. Condominium shall include cmunity apartment or stoc$
Tne terms "other construction permits*, "other construction
ir
cooperative.
permit" and "entitlement for use" as used fn tnls agreement, except in reference
to mobilenome sites or projects; snall not refer to grading permits or other
permits for tne construction of underground or street improvements unless no
otner permit is necessary vior to the use or occupancy for whicn the
development Is intended. &eloper snall pay the City 6' public facilities fee
in tne sum of $1;150 for'each mobilehome space to be constructed pursuant to tne
Request.' Tne fee snail be paid prior to tne Issuance of building or otner
constructlon permits for tne development. Tnis fee snail be in addition to any I 1 I
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 sftes 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 sna 11 consider, but is not ob ligated to accept tne offer.
The time for donation and amount of credit against the fee shall be determined
by City prior to tne issuance of any building or Other permits, Sucn
determination, when made, snall become a part of tnis agreement. Sites donated
under this paragraph shall not fnclude 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 tne
fee is not paid as provided herein, tne City will not have the funds to provide
public facilities and services, and tne development will not be consistent witn
tne General Plan and any approval or permit for the Development snail be void.
No building or other construction permit or entitlement for use shall be issued,
ic
until tne public facilities fee required by this .agreement ii pafd.
4. City agrees to deposit the fees paid pursuant to this agreement in
a public facili
Council determf
funds from tne
available,
ties fund for the financing of public facilities when the City
nes tne need exists to provide tne facilities and sufficient
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 publfc agencies as evidence
of adequate public facilities and services sufficient to accommodate tne needs
of tne Development herein described.
6. All obligations nereunder shall 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 wall be in w-ritinq, and
snail be dated and ,signed by the party giving sucn notice or by a duly
autnorized representative of sucn party. Any such notice Shall not be effective
for any purpose whatsoever unless served in one of tne following manners:
7.1 If notice is given to tne City of personal delivery tnereof to
tne 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, aldressed 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 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.
it 8. Tnfs agreement snail be binding upon and Shall ensure to the
benefit of, and snail apply to, the respective successors and assigns of
Developer and the City, and references to Developer or City herein shall be
deemed to be reference to and include their respective successors and assigns
without specific mention of sucn successors and assigns. If Developer should
cease to naye any interest in the Property, all ob
hereunder shall terminate; provided, however, that
interest in the property Shall have first aSSUtWd
obligations nereunder.
li gations of Devel,oper
any successor of Developer's
in writing the Developer's
9. This agreement shall be recorded but snall not create a lien or
security interest in the 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 Diego County,
California as of the date first written above.
DEVELOPER-OWNER: CITY OF CARLSBAD, a municipal
corporation of the
State of California
BY
For F. 0. Aleshire,
City Manager
ATTEST:
APPROVED AS TO FORM:
(Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.)
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EXHIflIT "A"
LEGAL NSCRIPTION
A portion of that certain parcel of land shown and designated as "description No. 3,78.07 acres" on Record of Survey Map No. 5715, filed in the Office of the County Recorder of San Diego County on December 19, 1960, being a portion of Lot "G" of the Ranch0 Agua Hedionda, in the County of San Diego State of California, according to the map thereof No. 823, filed in the Office of the County Recorder of said county, November 16, 1896, lying Northerly of the centerline of County Road Survey No. 1534 as shown on said Record of Survey Map No. 5715.
Parcels 1 through 4 of Parcel Map No. 6331, in the County of San Diego, State of California, filed in the Office of the County Recorder of San Diego'County, Septeniher 8, 1977 as File No.77-369645 of Official Records.
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STATE OF CALIFORNIA )
) SS.
COUNTYOFORANCE )
On this 18th day of September, 1986, before me, the undersigned, a
Notary Public in and for said State, personally appeared J.W. Johnson,
known to me or proved to me on the basis of satisfactory evidence to be the
Vice President, and A.J. Clark, known to me or proved to me on the basis of
satisfactory evidence to be the Assistant Secretary/Assistant Treasurer of
HUNTINGTON BEACH COMPANY, that executed the within instrument,
and personally known to me to be the person whose name is subscribed to
the within instrument on behalf of such corporation, and acknowledged to
me that such corporation executed the same pursuant to its by-laws or a
resolution of its Board of Directors.
WITNESS my hand and official seal.
OFFICIAL SEAL I(
Notary Public-Calitornia ORANGE COUNTY
2110 Main St., Hunt~ngtofl k?iKh
(This area reserved
for official seal)
Theresa Killeen
Name (typed or printed)
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