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Home My WebLink AboutCUP 93-03; US West Cellular Of CA Inc; 1993-0457379; Public Facilities Fee Agreement/ReleaseL RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk CR-Y OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, California 92008-l 989 976 2 # 1993-0457379. 19-HJL-1993 09=53 All OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER’S OFFICE ANNETTE Ey;N;; COUNTY RECORDER RF: /;; liO0 FEES: 26. 00 1.00 Space above this line for Recorder’s use Parcel No. 204 - 193 - 01 AGREEMENT BEIWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBUC FAClLiTlES FEE FOR OUTSIDE THE BOUNDARIES OF COMMUNITY FACXJTIES DISTRICT NO. 1 THIS AGREEMENT is entered into this 3 1 day of May I 1 %L, by and between U.S. West Cellular of CA., Inc. (name of developer) a Corporation (corporation, partnership, etc.) ’ hereinafter referred to as “Developer” whose address is 3785 6th Avenue, San Diego, CA 92103 (street) (city, state, zip code) and City of Carlsbad (name of legal owner) a , hereinafter referred to as “Owne?, whose address (individual, corporation, etc.) is 2075 Las Palmas Drive, Carlsbad, CA 92009-1989 W-Q @ty, state, zip code) AND the CilY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as “Cii, whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008-1989. Fdrm Appmvcd By city Chmcil July 2.1991 Rcso # 91-194AuH LUP 93-3 h LI , , ’ I REClTALS Q?? WHEREAS, Owner 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: Cellular Communications Facility on said Property, which development carries the proposed name of ” - ’ - West Cellular - Car&bad and is hereafter referred to as “Development”; and WHEREAS, Developer filed on the day of May I e?, with the City a request for Conditional use permit 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 wfth the City Clerk and is incorporated by this reference); and WHEREAS, Developer and City recognize the correctness of Council Policy No. 17, dated July 2, 1991, on file with the Cii 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 resufting 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 -preSendy Form Apprrmd Q’~~councilJdy2.1991 Iwo # 91-194KlH 2 ’ ,’ $“, ’ :I,,:,- , ,’ - propdsed; b& the’ Developer is aware that 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 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 facilities fee in an amount not to exceed 3.5% 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 Tiles 18,20 or 21 of the Cansbad Municipal Code. Developer and Owner shall pay a fee for conversion of existing building or structures into condominiums in an amount not to exceed 3.5% 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 CarJsbad Municipal Code. Condominium shall indude 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 and Owner 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. 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 Ties 18, 20 or 21 of the Carisbad Municipal Code. F-Aqpmnd BycityCouncilJdy2,1991 Rae # 91.194AuH 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. ff 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 City’s General Plan. ff 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 Cii 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 suftkient to accommodate the needs of the Development herein described. 6. All obligations hereunder shall terminate in the event the Request made by Developer is 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 duiy authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in one of the F-4V-d b’~ciry-Jdy2,1991 xao #91-194fluH 4 . *- . following manners: 7.1 lf notice is given to the City of personal delivery thereof to the depositing same in the United States Mail, addressed to the City at the address set forth enclosed in a sealed envelope, addressed to the City for attention of the City Manager, postage prepaid and certified. 7.2 ff notice is given to Developer by personal delivery thereof to Develo P er or by depositing the same in the United States Mail, enclosed in a sealed envelope, addres s ed to Developer at the address as many have been designated, postage prepaid and certified.~ 8. This agreement shall be binding upon and shall inure to the benefit of, an shall apply to, the respective successors and assigns of Developer, Owner and City, and rices to Developer, Owner or City herein shall be deemed to be a reference to and their respective successors and assigns without specific mention of such successors and as : igns. tf Developer should cease to have any interest in the Property, all obligations of Dev loper hereunder shall terminate; provided, however, that any successor to Developer’s 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 obligati Owner hereunder shall terminate; provided, 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 oblig of Owner in writing in a form acceptable to City. 9. This agreement shall be recorded but shall not create a lien or security inte+st in the Property. When the obligations of this agreement have been satisfied, City shall record a release. F=Appmvrd ByCityCoundJuly2.1991 flao # 91.194/luH lN WlTNESS WHEREOF, this agreement is executed in San Diego County, Califol rl nia as of the date first written above. OWNER. Chuck Walden for * City of Carlsbad (print name) (signature) DEVELOPER: (print name) (signature) William Dixon, Vice President (print name) U.S. West Cellular of CA., Inc. (print name) (signature) ATTEST: ALETHA L RALjTENKRANZ, City Cle (title and organization of signatory) (signature) (print name) (title and organization of signatory) CRY OF CARLSBAD, a municipal corporation of the State of California MARTINmENYAN for City Manager APPROVED AS TO FORM: RONALD R. EM& City Attorney (Notarial acknowledgement of execution of DEVELOPER and OWNER must be attached F-S By~Q’CouncilJuly2,1991 It60 w 91-194/luH 6 EXHIBIT ‘A’ LEGAL DESCRIPTION Lots 1 through 32 of Block 61 of Map 775, Carlsbad, in the City of Carlsbad g82 @‘citycouncilJdy2,1991 Reso # 91-194fwH l ’ . . 4 I . : . ’ I’ 983 c] personally known to me - OR - 0 proved to me on the basis of saWxtoq midma to k rhe person(s) whose name@) i&m- s~toth8withillirtstrumult8lld~ knowbdgdtomottut~xramd the srmo in his/M#tMir ruthoritad crpacrty(ior). and that by hlsbhu&tW stgmur8@~ on the htsUmmt B8 t==w. orttle8ntilyllpoflb8tultotwhichmopusul(r) acted. exeaJted tlu irrstnnwrrt Wii~~andomcirlSOd. UpAm cunm, BY SIGNER 0 ~M)MouK(~ 0 wmm3~ 0 A~~O(#Y.IN-FICT a msws) a su8m8~ -SS a OUIS#)UEUCMRVATO a OTMII: THIS CERTtFICATE MUST BE A~ACHED TO THE DOCUMENT DESCRIED Af RIGHT: Sigrm(S)OUWThurN8llUdAbon