HomeMy WebLinkAboutCUP 92-03; San Diego Gas & Electric Company; 1992-0264474; Public Facilities Fee Agreement/ReleaseRECORDING REQUES7’ED BY AND 1
WHEN RKORDED MAIL ‘X0:
city Clerk : CIIY OF CAIUSBAD ) i 1200 Carlsbad Wage Drive 1 Carlsbad, California 92008 1
409 TIC it 1992-0264474 &--flf3Y-1992 01~48 Ptl
OFFICICll RECORDS SAH DIEGO COUNTY RECORDER’S OFFICE Ey;N;; COUH;;E~EEORDER
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Parcel No. 212-092-19
AGREEMENT BE’IWEEN DEVELOPER-OWNER AND ‘l-HE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FAC- FEE
THIS AGREEMENT is entered into this 16 day of %c , 19 %Lby and between
SAN DIEGO GAS & ELECTRIC CO.
(Name of Developer-Owner)
a CORPORATION , hereinafter referred to as “Developer” (Corporatian, Parme~ship, etc.)
whose address is 101 ASH STREET, SAN DIEGO, CA., 92112
(Street) (City, State, Zip Code)
and the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter refencd
to as “Cityll, whose address is 1200 Carlsbad Village Drive Carlsbad, California, 92008.
WIMESSETH:
WHEREAS, Develqxr is the owner of the real property desc.ribcd on Exhibit “A”:, attached
hereto and ma& a put of this ‘agreement, hereinafter referred to as “Property”; and
WHEREAS, the Praprty lies within the boundaries of City; and
WHEREAS, Developer proposes a development project as follows:
ELECTRICAL SUBSTATION on s&i Property, which devebpment
carries the prowsed name of PALOMAR SUBSTATION and
F-W eYWYWQl19# Rae. No. 9109 1 Cd R-3
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h hereinafter referred lll~ 'Dwelopmd; and
for CONDITIONAL USE PERMIT
and
hereinafter referred to as “Request”;
WHEREAS, the Public Facilities Element of the City General Plan requires that the City
CounciI find that alI public facilities necessary to serve a development wfll 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 retognize the correctness of Council Policy No. 17, dated
July 28, 1987, on Me with the City Clerk and incorporated by this reference, and that the City’s
public facilities and services are at capacity and wil.! 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 servicer will be
available to meet the future needs of the Development as it is presently proposed; but the bcveloper
is aware that the City cannot and will not be able to make any such findin% without financial
assistance to pay for such services and facilities; and therefore &v&per proposes to help satis@
. the General Plan as implemented by Council Policy No. 17 by payment of u public faeilitics fee.
NOW THEREFORE, in consideration of the recitals and the covenants ccmtained herein, the
patties agree as folsows:
1. TIM Developer shall pay to the City a public facilidcs fee in an mount not to crcctd
3.53 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 te the issuance of building or
other constnwion permits for the development and hall be based on the valuation at that time.
sv= Apil2& we6 b. No. 9169
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This fee shalS be in additian to any fees, dedications or improvements required pursuant to T&S
18,ZO or 21 of the C&bad Municipal Code. Developer shall pay a fee for conversion of existing
building or sm~ctures into condominiums in an amount not to exceed 3,546 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 CarLbad
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 improvements unless no other permit
is necessary prior to the use of occupancy for which the development is intended, Developer shall
pay the City a public facilities fee in the sum of Sl,lSO for each mobile home space to be
constructed pusuant 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.
2. The Developer may offer to donate a site or sites for public faciliticr in lieu of di
or part of the Anancial obligation agreed upon in Paragraph 1 above. If Developer offers to donate
a site er sites for public facilities, the City shall consider, but is not obligated to accept the offer.
The time for donation and mount of credit against the fee shall be determined by City prior to the
iosuance of any building or other permirs. Such determination, when made, shall become a part
of this agreement. Sites donated under this paragraph shall not include improvements required
pursuant to Titlea 18 or 20 of the C&bad Municipal Code.
3, This agreement and the fee paid pursuant hereto are required to ensure the
consistency of the Development with the City9 General Plan If the fee is not paid as provided
herein, the City will not have the funds to provide ptiblic facilities and services, and the
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development will not be consistent with the General Plan and any approval or pexmit for the
Development oNl be void. No building or other constnztion permit or entitlement for use shall
be issued until the public facilities fee required by tl& 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 s~ufficient funds from the payment of this and similar public facilities fees
are available.
5. city agrees to provide upon request reasonable assurancea to enable Developer to
comply with any requirements of other public agencies as evidence of adequate public facilities and
service sufkient to accommodate the needs to chc Development herein described.
6. All obligations hereunder shall tcminate in the event the Requests made by
Developers 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
-en:
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,
enclosed in a sealed envelope, addressed to the City attention of the City Manager, postage prepaid
and certilw.
73 If notice is given to Developer by personal delivery thereof to Developer or
by deposieing the same in the United St&s Mail, enclosed in a sealed envelope, addmsmi to
Developer at the address as may have been designated, postage prepaid and CM.
a, This agreement, shall be binding upon and shall ensure to the ben& of, and shall
. . * 413 *
apply to the respective successors and assigns of Developer and the City, and references to A
Developer or City herein shall be deemed to be reference to and include their respective SUCC~P~O~~
and assigns without specifk 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 Developeis interest in the property shall have !irst assumed in
writing the Developeis 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.
E
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Lot 5 of CARLSBAD TRACT NO. 81-46 UNIT NO. 1, in'the City of Carlsbad, County of San Diego, State of California, according to the Map thereof No. 11287, filed in the office of the County Recorder of San Diego County.
EXCEPTING THEREFROM 50 percent of all oil, mineral, gas, and other hydrocarbon substances below a depth of 500 feet under the real property described herein, without the right of sur- face entry, as reserved by Carlsbad Properties, a part- nership, in a Deed recorded July 5, 1978, recorders File No. 78-279136.
p-m WW~Ap+l2&1996 m. No. 9169 7
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.
IN WI’l’NES$ WHEREOF, this agreement is executed in San Diego County, California as of the date
first written ah.
DEVELOPER-OWNER: CITY OF CAFUSBAD, a municipal corporation of the State of CdifOrnia SAN DIEGO GAS & ELECTRIC CO.
By:
SR. LAND PLANNER
By: I .
ATI’EST:
L2-ecaLsDRacyt;-;kco1 ALETHA L RAl37%NWZ, City Clerk
APPROVED AS TO FORM:
&Qidti
BY& - KAREN J. HIRAT;
DEPUTY CITY ATTORNEY
VlNCENT F, BIONDQ JR City Attorney
By:
For City Manager
(Notarial acknowhdgement of execution by DEVELOPER-OWNER must be atca,&ed.)
p=ApqraMd au~lrcnundlAPdlaa19ea lbmo.Na.9169
ALL-PURPOSE ACKNOWLEDGMENZ-
State of
. .
County of
b’efore me,
(name, title of officer),
OAJ .
ersonally known to me - OR - 0 proved to me on the basis of satisfactory evidence to
be the person(s) whose namew is/a+@ subscribed to the within instrument and acknowledged
to me that he/sCrt/tby executed the same in his/l+et/theif authorized capacity(ies), and that by
his/f+Mth&r signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the
instrument.
Signah
CAPACITY CLAIMEDBY SIGNER \
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0 FN7TWfrqS, PIRTYfRSHlP f
0 *lmMf”- I”-FACT PfliNCpIL(S, f
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