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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 .'.I 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: REV 3-l-88 .' .I ...I .: l .* . 1162 I A 29 Unit R-l 7500 Subdivision I .‘, 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. REV 3-l-88 2 j .’ . . s. - ,.. , 1163 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. REV 3-l-88 3 I . .: A’ 1164’ .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. , .:', ' REV 3-1-88 4 I i . . . . F . ’ . . . . 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. REV 3-i-88 5 . I , ,I , .‘., ! *.\ I_. , I 3 1 . 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.) ,I . , I ."I c REV 3-l-88 6 - 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. I . . . . ,. *‘. I I, ’ ’ - 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. .