HomeMy WebLinkAboutCUP 212; La Jolla Bank & Trust Co.; 82-065287; Public Facilities Fee Agreement/Release~~Dl!sY’
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1206 Elm Ave.
Carlsbad, CA 92008 f
AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE *..
THIS AGREEMENT.is entered into this 2s day of CmaaI/ ,
. 19 82, by and between
(name of developer&owner)
a w48m ml ,hereinafter referred to as (Corporation, partnership, etc.)
"Developer", whose add,ress is 1500 I (street) .
. ' - (City, 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, California, 92008.
. .s WITNESSETH:
WHEREAS, Developer is the owner of the real property described
on Exhibit "A", 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:
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on said Property, which development carries the proposed name
of t,A' 30r @&,& d T> wdrJJ I I
and is hereafter referred to as "Development"; and
WHEREAS, Developer filed on the
1982 I
2s day of Fv , -
with the City a request for
(hereinafter referred to as "Request"; and
WHl&EAS, the Public Facilities Element of the City General
. Plan requires that the City Council find that all public . . . \ facilities necessary to serve a develohment 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 August 29, 1979, 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 1 make any such finding without financial assistance to pay for
such services and facilities.; and, therefore, Devel.oper proposes
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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
fee in an amount not to exceed 2% of
of the buildings or structures to be
the City a public faciliti.es
the building permit valuati'on
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 develop- t
ment 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. A credit toward such fee shall be given for land.which has
been dedicated for park purposes or for any fees paid in lieu
thereof pursuant to Chapter 20.44 of the Carlsbad Municipal Code.
Developer'- ahall pay a fee for con\ rerxion of existing buildings or
structures into condominiums in an amount not to exceed 2% 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 for use" as
used in this agreement, exceptin reference to mobilehome 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 or occupancy for which
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the development is intended. Developer shall pay to City a public
facilities -fee in the sum of $1,150 for each mobilehome 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. A c.redit toward such fee shall be given
for land which has been d-edicated for park purposes or for any fees
paid in'lieu thereof pursuant to Chapter 20.44 of the Carlsbad
. Municipal Code. . . . 2. The Developer may offer to donate a site or sites for
public
agreed
donate
facilities in lieu of all or part of the financial obligation
upon in Paragraph 1 above. If Developer OfferS.tO
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 agree-
ment. 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 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
.
4.
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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
* itO enable Developer to comply with any requirements of other public ,
agencies as evidence of adequate public facilities and services
sufficient to accommodate
described.
6. All obligations .
the needs of the Development herein
hereunder shall terminate in the event
the Requests made by Developer 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'i‘n the United States
Mail, addressed to the City at the address set forth herein,
enclosed in a sealed envelope, addressed to the City for attention
of the City Manager, postage prepaid and certifie'd.
7.2 If notice is given to Developer by personal delivery
thereof to Developer or by depositing the,same in the United States
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Mail, enclosed in a sealed envelope,
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addressed to Developer at the
address as may have been designated, posta.ge prepaid and certified.
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a. This agreement shall be binding-upon and shall inure to
the benefit of, and shall 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 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 on the Property. When the obligations .
of this agreement have been satisfied, City shall record a release.
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WITNESS WHEREOF,
Califofnia as of
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this agreement. is executed in San Diego
the date first written above.
CITY OF CARLSBAD, a municipal, corporation of *he State of California '
City Manager
ATTEST:
,
D AS TO FO
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VINCENT F, BIONDO, JR.., :. . City Attorney
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(Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.)
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TO ,945 c.4 ,a-74)
(Corporation) i ’ ht-7. TITLE INSURANCE “’ ,. i i% AND TRUST
STATE OF CALIFORNIA
CQUNTY OF sflti
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-f-w AllcoR COMPINY
b/m --a f ss.
on-&h 076-T ,m ad before me, the undersigned, a Notary Public in and for said
State, personally appe red i fll/L /%9# I
known to me to be the sw#z VI c e. President, and aor/ #. p.8dL e 1
known to me to beuog cfi)pO 6i~~X~n7!~/g Secretary
of the corporation that executed the within Instrument,
known to me to be the persons who executed the within
Instrument on behalf of the corporation therein named, and
acknowledged to me that such corporation executed the
wlthin instrument pursuant to its by-laws or a resolution of
iQ board of directors.
WITNESS my hand and official seal.
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I (This area for official notarial seal)
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. . ‘EXHIBIT “A”
LEGAL DESCRIPTION ,^.
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