HomeMy WebLinkAboutCUP 214; Burnette, Ralph and Ralph Jr. and Rosenstock, Don; 82-073776; Public Facilities Fee Agreement/Releasehft&'r&:il"ding .r,eturn to: '. f&q,pr I
C+ty of'Carlsbad 1200 Elm Ave.
Carlsbad, CA 92008 -
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AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into thisg.4 day of I$?+& ?
19$,& by and between
ic: J3&3f7]&J2 ‘, (Name of Developer)
a d5&frvfK5I, ;?3 (Corporation, partnership, etc.) I
hereinafter referred to as "Developer" whose address is
390 L’ 4% ? (Street) . . . p&y& &j /&L$ 72 o~lg t I (City, state, zip code)
and &vu -. 4IVSb& (Name of Legal Owner) I
(Corporation, etc.)
hereinafter referred to as "Owner" whose address is . 3ss w L//57% 'Tsbrreet) v t
, cd L/‘F: 990 g-3 I (City, state, zip code)
AND
the CITY OF CARLSBAD, a municipal corporation of the State of California,
hereinafter referred to as "City", whose'addresti is 1200 Elm Avenue,
Carlsbad, California, 92008.
RECITALS
WHEREAS, Owner is the owner of the real property described
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on Exhibit "A", attached to and made a part of this agreement, and
hereinafter referred to as "Property"; and
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WHEREAS, the Property lies within the boundaries of City; and *
WHEREAS', Developer has contracted with Owner to purchase the 1
Property and proposes a development pro,ject as follows:
on said Property, which development carries the proposed name of
+ K4cLes and is
hereinafter referred to as "Development"; and
WHEREAS, Developer filed on the Jr day of 3
19&.Z , tiith the City a request for Co ~~dhcl,lct L LICS 4L
. F- -g7.m ;f fix &cxK~ifL 1-0unc/eL . . . -
(hereinafter referred to as "Request"; 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 incorporated by this reference); and
WHEREAS, Developer, Owner and City recognize the correctness
of Council Policy No. 17, dated August 29, 1979, pn file with the City Clerk
and incorporated by this reference , and tha't 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 and Owner have 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
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Developer and Owner are aware that the City cannot and will not-be
able to make any such findings without financial assistance to pay .
for such services and facilities; and, therefore, Developer and
Owner propose 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 and Owner shall pay to the City a public
facilitjes fee in an amount not to exceed 2.% of the building'
permit valuation of the buildings or structures to be 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 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. 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 and Owner shall pay a fee for conversion of existing
buildings or structures into condominiums in an amount not to
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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
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used in this agreement,- except in 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 -
the development is intended. Developer and Owner shall pay to
City a public facilities fee in the sum of $1,150 for each mobile-
.home 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 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.
2. The Developer and Owner may offer to donate a site or
sites for public facilities in lieu of all or part of the financial
obligation agreed upon in Paragraph 1 above. If Developer and
Owner offer 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 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 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
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City's General Plan.. If the fee is not paid as provided herein, the
City will not have the ftids to provide public facilities and services, .I
and the Development will not be consistent with the
any approval or permit for the Development shall be - .
or other construction permit or entitlement for use
General Plan and
void. No building
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
to enable Developer and Owner to comply with any requirements of
other public agencies as evidence of adequate public facilities and
services sufficient to accommodate the needs of the Development
herein described.
6. All obligations hereunder shall terminate in the event
the Requests made by Developer and Owner 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 in the United States
Mail, addressed to the City at the address set forth herein,
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enclosed in a sealed envelope, addressed to the City for attention
of the City M&ager, postage prepaid and certified.
7.2 If notice is given to Developer by personal delivery
thereof 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.
7.3 If notice is given to Owner by personal delivery
thereof to Owner or by depositing same in the United States Mail,
-enclosed in a sealed envelope addressed to Owner at the address set
. iforth herein or at such other address as may have been designated, .
postage prepaid and certified.
8. This agreement shall be binding upon and shall-inure to
the benefit of, and shall apply to, the respective successors and
* assigns of Developer, Owner and the City, and references to Developer,
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Owner 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.
At such time as Owner ceases to have-any interest in the
Property, all obligations of Owner hereunder shall terminate;
provide.d, however, that if any successor to the Owner's 'interest in
the Property is a stranger to this agreement, such successor has
first assumed the obligations of Owner in writing in a form
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acceptable-to City.
9. This agreement shall be recorded but shall not create a
lien or security, interest on the property. When the obligations of
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this agreement have been satisfied, City shall record a release.
IN WITNESS WHEREOF, this agreement is executed in San Diego
County, California as of the date first written above.
OWNER: DEVELOPER
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. ATTEST: .
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ALETHA L. RAUTENKRANZ,
CITY OF CARLSBAD, .a municipal corporation of the State of California
City Manager
. City Clerk
APPROVED AS TO FORM:
City Attorney
(Notarial acknowledgement of execution by' DEVELOPER and OWNER must . be attached.)
7.
STATE OF CALIFORNIA
San Diego > ss.
COUNTY OF
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On- March 5. 1982 before me, the undersigned, a Notary Public in and for said State, personally appeared Don M.'Rosenstock
known to me to be the person(s) whose name(s)
subscribed to the within Instrument and acknowledged that he 4ca*ss~~~a~~~.~~~4~4~~~~~: 0;‘FlClAI. SEAL
WITNESS my hand and official seal. $ .I. VJRIGI-IT t
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(Seal)
023200 6-60* 25 Ps Individual Notarial Acknowledgment
STATE OF CALIFORNIA
COUNTY OF- San Dieqo SS.
On February 24, 1982
before me, the undersigned, a Notary Public in and for said County
and State, ersonally appeared Ral Ph F. &!!nett and Ralph F. Burnett, Jr. -----m-m
known to me
to be two of the partners of the partnership
that executed the within instrument, and acknowledged to me that
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OFFICIAL Scl~ 4
PAMLA C.SUIKA $
NOTARY PifB!!C - cA?~f. t PRINCIPAL OFFICE IN 1 SAN DiEf& XWTY
Expires Aug. IS, 1982 i ‘~-/-11HmM&
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. . EXHIBIT “A” . . 1, c ,r
LEGAL DESCRIPTION . . c-
THE mv$h&fdy k$eet ~f&-&o .
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82-07.3776 .
I-. EECCRBEC) It4 OFFiSlA!.. ~Cctll;ns
7 OF SF-H i’;?_r:;z CL’L:+ s I ..CA.