HomeMy WebLinkAboutCT 90-08; YMCA of San Diego County; 90-167164; Public Facilities Fee Agreement/Release. RECORDING REQUESTED BY AND ) ,',I
WHEN RECORDED MAIL TO: 1161
CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, California 92008 )
Space above this line for Recorder's use
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e 12-050-40 Parcel No.
AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this Tk day of
by and between &L*A@ V Y.M.C.A. OF SAN’DIEGO,Wf=. //I/W &nr f&F% .- . ,
(Name of Developer-Owner)
a CORPORATION ) hereinafter referred to as "Developer"
(Corporation, Partnership, etc.) 1, i
whose address is 7510 CLAREMONT MESA BLVD., SAN DIEGO, CA., 92111
(Street) (City, State, Zip Code)
and the CITY OF CARLSBAD, a municipal corporation of the State of California, .
herelnafter referred to as "City" , whose address.is 1200 Elm Avenuei Carlsbad,
California, 92008.
WITNESSETH:
WHEREAS, Developer is the owner of the real property described on Exhibit
"A":, ' attached hereto and made a part of this agreementi'hereinafter referred '
to as "Property"; and
WHEREAS, the Property lies within the boundaries of City; and
WHEREAS, Developer proposes a development project as follows:
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A 29 Unit R-l 7500 Subdivision
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ati said Property, which development carries the proposed name,of
EAGLECANYON
and 1s hereinafter referred as "Development"; and
UHEREAS, Developer filed on the 28 day of February , 1990,
with the City a request for Tentat& Tract Map, Special Use Permit, Hillside :’
Development Permit, Environmental Impact Assessment, Coastal Development Permit.
hereinafter referred to as 'Requestn; 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 .I$
Mcotpdrated by this reference); and .
b WHEREAS, Developer and tity recognite the correctness of Council Po'iI.cy ,
No, 17, dated July 28, 1987, on file with the City Clerk and- incorporated by
this reference, and that the City3 public facilities and services. are at . . b
capacity and will not be available to accommodate the additional need for
public facilities and services resulting from the proposed Development; ahd
WHEREAS, beveloper has asked th6 City to find that public facilities and
sbWic4s will br! available ta tieet the future needs of the Develdpmeht as it 4s
prelrently proposed: but the Developer is aware that the City cilhnot and will
not br! abtc! to make any such flnding without financial assistance to pay for
Gch’.reruic&s and facilities: and therefor& Developer proposes to help satiffy I
the General Plan as implemented by Counctl Policy No. I7 by payment of a public
fiIcilitfes fee.
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NW THEREFORE, in consideration of the recitals and the covenants
contained herein, the parties agree as follows:
1. The Oeveloper 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 bevelopment 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
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 Chap+
21.41 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 1
imptovements unless no other permit is necessary prior to the use of occupancy
for which the development is intended.. beveloper shall pay thl! City a public
fktiities fee irr the sum of $1,150 for each mobile horn@ space 'to>"be '
constructed pursuant to the tequesL The fee shall be paid prior to the
issuahcc! of butlding or other coh5truction permits for the dev&lopment. This
fee shall be in addition to any fe@g, dedications ot improvements requited
according to titles 18, 20, or 21 ai the Carlsbad Municipal Code.
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.2. The Developer may offer to donate a site or sites for public
facilities in lieu of all or partof the financial obligation agreed upon 'fn
Paragraph i 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,Clty Prior to the issuance of any building or, other permits. ,' Such ,
determination, when made, shali 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 patd as provided herein, the City will not have the funds to provide
public facilities and services, and the development will not be consistent ~4th
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. pa.id pursuant to this agreement in a ,
public facilities fund for the finahcing of public facilities when the City
COUhc~l determines the 'need exists to provide the facilities and $ufflcient
fuhds from the payment of this and similar public facilities fees are
available.
5. City agrees to provide upon request reasonable dsfUtdhceS ta 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.
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6. All obligations hereunder shall terminate in the event the Requests
made by Dev4lopeps are not approved.
7. Any notfce 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 authorited
representat 1 ve of such party. Any such notice shall not be effective for ayy ,
purpose whatsoever unless served in one of the followfng manners: ,I , _,,
7.1 If notice is given to the Cl ty by personal de1 1 very thereof’ to
the City or by depositing same in the United States Mafl’I’addressed to the city
at the address set forth herein, enclosed in a sealed envelope, addressed to
the City attention of the city Managerb postage prepafd and certified.
7.2 If notice given to Developer by personal delivery thereof to
Developer or by depositing the same in the United States Flail ( enclosed In a.
sealed envelope, addressed to Deveioper at the address as may have been
designated+ postage prepaid and certified,
I ,8. Thfs agreement, shall be bfhdihg upon and shalt ensure to the benefit
of, and shall apply to the respective successors and assfgns‘of Developer and
the cf ty, and references to Developer i City herein shall be deemed to be
references to and include their respective successors and a$$fghr wfthdut
sp@cific mentfon of such fuccessors and aSsigns. If Deveioper should ceaS6 ta .
h&c! any tnterest in the Property, ali obl igatf ons of Developet’ heheuhder shall
tarininate; provided, however, that shy fuccessor of Developer’!! fhterest In the
property shall have first ‘assumed in Writing the ‘DeveloRerjs obligatiohs L.
hemndeti .
9. this agreement shall be recorded but shall not create a 1 fen or
security interest in the Property; Uhen the obiigatfons of this agreement hav6
been satisfied, City shall record a Wease.
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Ik'YITNESS WHEREOF, this agreement is executed in San Diego County, California ,,L ,
as of the date first written above.
DEVELOPER-OWNER: CITY OF CARLSBAD, a municipal
&w%ry corporation of the State of
?.ti.C,A. ‘of~~e~DIECO,-~
California
nam
/%fiXhb’&/ “6 78
/
By, RICHARD COLLATO .
8y*"
-I ?r ,es 1 Dt’,\l j-
(Title)
For City Manager .:lv 1
(Title)
ATTEST: -
et Rb&& ALETHA 1. RAUTENKRANZ, City Clerk)
APPROVED AS TO FDRk
$I)* j&zL+fL D.c.&
INCENT F. BIONDO, JR. City Attorn@y
(Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.)
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State of California
County of San Dieao > SS.
067
On this 28th day of ,my , in the year1990 before me Richarm of V-an nleon County personally appeared, personally known to me (or proved to me on2the
,basis of satisfactory evidence) to be the person who executed the
within instrument as president secretary or' on behalf of the 'I
corporation therein named and acknhwledged to me that the corporation executed it.
WITNESS my hand and official seal.
Not&y Public in and for said State.
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EXHIBIT “A” 1168
LEGAL DESCRIPTION
THAT PORTION OF LOT F OF RANCH0 AGUA HEDIONDA, IN THE
CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO, NOVEMBER 16, 1896.
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