HomeMy WebLinkAboutCUP 230; Yada, Henry; 83-159348; Public Facilities Fee Agreement/Release* R.;,",:'ORDIN'G RE&lJESTED BY ,ND -4' 1318 8 \ WHEN RECORDED MAIL TO:
CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, California 92008 1
I r vti: 5, ,..,Lyi ;- ( ! - Space above this linbd.$%"d~'~tm?d!e~~' use --
Documentary transfer tax: I $ No fee NO FEE
anq&
Signatllre of declarant determining
tax-firm name
City of Carlsbad
Parcel No. 56 -220--O\
- AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSRAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this 2 day of
(name of developer-owner)
a *Fartnrrsliip, etc.) ’ hereinafter referred to as
"Developer" whose address is EL cZ&WD m
ia. qWB and THE CITY OF
-(City, state', zip code)
CARLSBAD, a municipal corporation of the State of California,
hereinafter referred to as "City", whose address is 1200 Elm Avenue,
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 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:
k ck?LS ~wxKD--
REV 4-2-82
.*L 1319 -
on "s'aid%Property, whit. development carries the p,dposed name of
and is hereafter referred to as "Development"; and
WHEREAS, Developer filed on the 7' day of &% ,
1983 , with the City a request for [,r - .
p&P qp
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 is incorporated by this reference); and
WHEREAS, Developer and City recognize the correctness o'f Council
Policy No. 17, dated April 2, 1982, in 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 accom odate 4
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 wil.1 not be able to make any such
finding without financial assistance to pay for such services and
facilities; and therefore, Developer proposes to help satisfy the
General Plan as implemented by Council Policy No. 17 by payment of a
public facilities fee.
-3-
REV 4-2-82
.rt 1320 -
.
NOW, TJIEREFORE, I consideration of the ret _als and the
covenants contained herein, the parties agree as follows:
1. The Developer shall pay to the City a public facilities fee
in an amount not to exceeds of the building permit valuation of the
building 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. Developer
shall pay a fee for conversion o f existing building or structures
into condominiums in an amount not to exceed 2% of the building
permit valuation at the time of conversion. I
I
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, 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 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.
-3-
REV 4-2-82
‘. ( .
l . 2. The Developer 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 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 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 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 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 to
enable Developer 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.
-4-
. ' 6... All.obligatic- .ab 1322
1 * I hereunder shall terminatein the event the
Req'uests made by Developer are not approved. _-.- _ ..I
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 of 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, enclosed in a
sealed envelope, addressed to the City for attention of the City
Manager, 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.
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 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 in the Property. When the obligations of this
agreement have been satisfied, City shall record a release.
-5-
REV 4-2-82
I. 132’ c .
. 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
i-ihlizy (name)
BY), 70/Louyylb
I J
Ohilr/Gk (Title)
City Manager
. BY
(Title)
I
ATTEST:
l
APPROVED AS TO FORM:
City Attorial
(Notarial acknowledgement of execution by DEVELOPER-OWNER must be
attached.)
REV 4-2-82
-6-
-6-
STATE OF CALIFORNIA
COUNTY OF San Diego
On Mav 7. 1983
(Individual) ss.
before me, the undersigned, a Notary Public in and for said State, personally appeared
mpersonally known to me 0 proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s)ksubscribed
to this instrument and acknowledged that-executed
the same.
IThis Area for officml notarial seal)
OFFICIAL SEAL
CHRISTINE 1. WALLACE
NOTARY PUBLIC CALIFORNIA
PRINCIPAL OFFICE IN
SAN DIEGD COUNTY
My Commission Exp. Mar. 3. 1987
,,” x _ r I. ’
That portfon of Lot 30 of Patterson's Addition, in the City of Carlsbad,
County of San Dltgo, State of Callfornla, according to Map thereof No. 565, filed in the Office of the County Recorder of San Diego County,
September 22, 1888, and of Section 31, Township 11 South, Range 4 West, San Bernardino Meridian, ln the County of San Dltgo, State of California,
according to Unlttd States Government Survey, described as follows:
,I -119 Beginning at a point in the center lint of Valley Street, distant thereon
North 34”33’00” West 528.52 feet from the intersection of sald centtr llne
of Valley Street with the centar line of Oak Avenue; thence North 34”33’00”
West along said canter Lint of Valley Street 657,07 feet to intersection
wlth the Southerly line of said Section 31; thence along safd Southerly
llnt North 89’07’O(Y’ West, 47.31 feet tb the most Westerly corner of the Tract of the l&d conveyed by Roswell H. Wflson to South Coast Land Company by Deed dated November 1, 1923 and recorded In Book 976, Page 435 of Deeds, Records of San Dlego County; thence North 54°13’30” East along
the Northwesterly line of the land so conveyed to said South Coast Land Company, 759,75 feet to the most Northerly corner thereof; thence South 35"29'00" East along the Northeasterly Lint of the land so conveyed to said South Coast Land Company, 563.12. feet to the said SoutherLy line of Section 31; thence South 89"07'00" East afong said Southerly lint 176.33
feet to intersection with the centtr llna of Cannon Street: thence South 19"26'00" East along said. center llne, 36.81 feet, more or less, to
lntersectfon with a line drawn parallel with the said ctnter Line of Oak
Avenue through the Polnt of Btginnfng; thence South 55"27'00" West along
said parallel line 864.32 feet to the Polnt of Beginning.
Vped EXCEPTING therefrom the Northeasterly 300.00 feet. 11-17-72
A-494266 ALSO EXCEPTING therefrom the Southeasterly 223.03 feet.