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HomeMy WebLinkAboutCUP 298; Hinkley, Homer and Joanne; 86-439758; Public Facilities Fee Agreement/Release. 4 ’ > .’ . 990 - 86 439758 , . RECORDING REQUESTED BY AND ) --- i:i i,r:rirjEn f~\; . WHEN RECORDED MAIL TO: > I 0) F !c!:,L ;iL(-(J$ , : 1 OF SAN Ui.GfJ COUN! ,, ,;;, ) CITY OF CARLSBAD 1 1200 Elm Avenue 1 1986 OCT - I PM 1: 30 Carlsbad, California 92008 VEf?ci L.LY\ E , OWN J y f(i’cw i - 1 Space above tnis line for Recorder's use _L_.. ary transfer tw Signature of declarant determining tax-firm name City of Carlsbad Parcel No. 205-720-05 AGREEMENT BETWEEN CEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 11 day of ~E~STEMBEA , 19 86 ,it .by and between e w UIuIFY SAME (name of developer-owner) a D MIFF , hereinafter referred to as partnership, etc.) tlDeveloper" whose address is 9315 BASSMOOR AVE. (street) CAR&BAD, CAL IFORN IA (City, state, tip code) 92008 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, Califo 92008. WITNESSETk WHEREAS, Developer is the owner of the real property described on Exhibit 'IA":, attached hereto and made a part of this agreement, hereinafter referred to as "Property"; and WHEREAS, Tne Property lies within the boundaries of City; and WHEREAS, Developer proposes a development project as follows: REV 4-22-86 991 - .’ , on said Property, Which development carries tne proposed name of “GRANNY FLAT” and is hereafter referred to as "Development"; and WHEREAS, Developer filed on the '2 day of SEPZYtBER 19 86 with the City a request for COMDlTlONAL USE PERMIT , FOR ADDING @26 SQ. FT, TO EXISTING HOME TO CREATE SECUND RES lDENTI.& UNIT FOR PARENT-S, 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 4it WHEREAS, Developer and City recognize the correctness of Council Policy No. 17, dated April 22, 1986, 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 tnat the City cannot and will 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. NOW, THEREFORE, in consideration of the recitals and tne covenants contained herein, the parties agree as follows: -2- REV 4-22-86 992 - 1. Tne Developer shall pay to the City a public facilities fee in an amount not to exceed 2.5% of tne building permit valuation of the building or structures to be constructed in the Development pursuant to the Request. Tne fee snall 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 snail be in tidition 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 2.5% of tne 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.' .k Tne 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 otner permits for the construction of underground or street improvements unless no otner permit is necessary prior to the use or occupancy for which the development is intended. Developer shall pay the City a public facilities fee in the sum of $1;150 for-each mobilehome space to be constructed pursuant to the Request. Tne 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. 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 -3- REV 4-22-86 i 993 - .k 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 pub lit facilities fund for the financing of public facil itieS when the City Council determines the need exists to provide the facilities and sufficient funds from the payment of tnis and similar public facilities fees are available. facilities, the City shall consider, but is not obligated to accept the offer. The time for donation and amount of credit against tne fee shall be determined by City prior to the issuance of any building or otner permits. SUCh determination, when made, snall become a part of this agreement. Sites donated under this paragrapn snall 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 tne fee is not paid as provided herein, tne City will not have tne 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 otner construction permit or entitlement for use shall be issued, 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. 6. All obligations hereunder Shall terminate in the event the Requests . made by Developer are not approved. -4- REV 4-22-86 i; 994 - 7. Any notice from one party to tne other snail be in writing, and snail 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 tne 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 xldress as may have been designated, postage prepaid and certified. i 8. Tnis agreement snall be binding upon and snail ensure to the benefit of, and snail 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 tneir respective successors and assigns without specific mention of sucn successors arid assigns. If Developer should cease to have any interest in the Property, all obligations of Developer nereunder 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 snail be recorded but snall 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 4-22-86 ‘ . , ,... * . , 0 I . 995 - 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 HOMER A. AND JOANNE W&H INKCEY For F. D. Aleshire, City Manager ATTEST: . City Attorney (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) . -6- REV 4-22-86 i !, c . . .-. PD , * .- . . m San Diegoli-ust Y*ln*cOlr STATE OF CALIFORNIA COUNTY OF EXHIBIT “A” LEGAL DESCRIPTION LOT 1 OF HE ISLER ESZA?‘ES, UN IT NO. f lid THE CITY OF CAALSBAD, COUNTY OF SAN c3lEG0, STATE OF CAL IFURNIAl ACCORDING TO MAP NO. 4147 FILED IN THE OFF I&- OF WE COUNTY i?ECORDER OF SAN DIEGO COUNTY, APRIL 20, 1959.a &SavingsBank@ NOTARY ACKNOWLEDGEMENT INDIVIDUAL San Diego Mr bmriissh Era. Aadl lb 9 cxwclALSEAL L JANICE f?. COOPER NOTARY PUBLIC-CALIWRNI Y ~~~~~~~PALo+~IcEI~ SAN nM33o cwtm I ] ss. On this 11th September day of ~ in the yea?g86 b f e ore me, the undersi County and State, personally appeared 'Homer A.Hinkl'ey and Joanne W. 9-l. ned, a Notary Public in and for said lnkley - personally known to me (or proved to me on the basis of satisfactory evi- dence] to be the person(sl whose name[sl is/are subscribed to this instrument, and acknowledge that they executed it. I MIS45(7/82) / Notary Public