Loading...
HomeMy WebLinkAboutGPA 58A; Newport Shores Builders; 81-186049; Public Facilities Fee Agreement/ReleaseR;tqr r,mxrcI:'r,g return 'tb': *y *. _, -' m C j:ty 'if 'i:irl shad -I 4 2144. 3200 ilr3 Ave. Ckrlsbad, CA 92008 AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 14thday of July # - 19 80 , by and between NEWPORT SHORES BUILDERS (Name of Developer) 9. I . . a California Corporation (Corporaticn, partnership, etc.) 8 hereinafter referred to as "Developer" whose address is 1970 North El Camino Real, Encinitas.CA 92024 (Street) I , - (City, state, zip code) I and 'Donald B. Avres. Jr. (Name of Legal Owrier) I (Corporation,. etc.) hereinafter referred to as "Owner" whose address is . 1970 North El Camino Real, Encinitas,CA 92024 (Street) 1. (City, state, zip code)' -8 - 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, California, 92008. RECITALS .x-- . WHEREAS, Cwncr is the owner of the real property described on Exhibit "A", attached to,and made a part of this agreement, and hereinafter referred to as "Property"; and . . * : - . b c . WHEREAS, the Property lies within the boundaries of City; and. . lease / . , WHEREAS, Developer has contracted with Owner to pu<3pce&xxxe the zrQ5 . :- ; _*.’ . Property and proposes a development project as follows: Seaport on said Property, which development carries the proposed name of Seaport and is . hereinafter referred to as "Development"; and . WHEREAS, Developer filed on the 14 . day of .l,,lY 198n , 19 8 with the City a request for Chance of Zone. General Plan amendment; I t (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 -file with the City Clerk ‘WHEREAS, Developer, shall not be approved (said element is on and incorporated by this reference): afid 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 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 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 . . . 2. . . . . : ‘) * . ,-I. l : ) I) 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 " 2146 . -\ ) t ‘_ Owner propose to help satisfy the General Flan as implemented by Council Policy No. 17 by payment of a public facilities fee. NOW, THEREFORE, in consideration of the recita.ls,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 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 .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 eptitlement for use" as '* * '3. -, . , _. ,... . . .-’ I . . . . - -.- I , * . ./’ c * 2147 . 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 constructidn .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 this agreement. Sites donated under this . include improvements required pursuant to Carlsbad Municipal Code. 3. This agreement and t.he fee paid required to ensure the consistency of the 4. . paragraph shall not \ Titles 18 or 20 of the pursuant hereto are Development with the 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 ‘. . ‘? ,’ : - . L . 2148’ ’ .--_ 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 kpproval ok permit for the Deevelopment shall be void6 No building or other construction permit or entitlement for use shall be issued . u&i.1 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 2ub1,i.c 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 writipg, 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, . .& .'* . , 7, - __ - -. .._ . - - _ ._ ‘ . . ’ ,‘a; _ -- . - . . ’ I / 2.m .-. .I ” > enclosed in a sealed envelope, addressed to the City of the City Manager, postage prepaid and certified. - I for attention ' 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 O!qner 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 forth 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, . &ner 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 terminkte; 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 obligations if Owner in writing in a form . 6. ’ . . I .,,- : I \. ; . + . . - . I 1 I * . . 2150 acceptable to City. . not create a 9. This agreement shall be recorded but shall lien or security interest on the property,. When the obligations of 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: Newport Shores Bu i lders &, Jr. - .,~ By’ . . / p5Le~~ ~ ;I< . . ‘,> C\V ;‘.~-r,. c Ad--- i- 1. Jo&f'fl. Gleason “L. : L. ‘I 2 (,” , :A a * - : ‘, .’ ‘1 ” ,,c,,; 9 i Title President 5, -:$ 6-s “‘*. ;*“-I ,’ c ./, ‘_ ,: ,,d :I. BY ‘I,,: ,. ,) Title ATTEST: CITY OF CARLSBAD, a municipal corporation of the State of'california . I . . ALETHA L. RAtSTENKRANZ, City Clerk tirriwvfi5u f-m IV cunm- i ' A A 1 I $ Dab6l S. H&-&%ke,, A&&ant VINCENT F. BIOmO, JR., City Attorney I . . (Notarial acknowledgement of execution by DEVELOPER be attached.) and OWNER must . . . . . _... ._ - .I,_ -- STATE OF CALIFORNIA h COUNTY OF Oranqe 1. ss 2151 s t On ,311~ 36, 1980 , before me, the undersigned, a Notary Public in and for s 9) said State, personally appeared Donald B. Ayres, Jr. E I- 6 .v- tI -- f - ‘; $ % known to me to be the person- $ OFFICIAL SEAL > subscribed to the within instrument and acknowledged to ARBARA A. FLANNELLY 2 $ that- he executed the sam and official seal. 0 E 2 Name (Typed or Printed) (This area for offiial notarial real) c -- STATE OF CALIFORNIA 2 COUNTY OF___ ORANGF: L u. i E on s July 16, 1980 before me, the undersigned, a Notary Public in and for cl John H: Gleason i said State, personally appeared i= - .? s known to ma to be the President, WXXXXXXXXXXXXXXXXXXXXXXXXXXX, -2 E HWJGd(%XXX?RXpef the corporation that executed the within instrument, a and known to me to be the persons who executed the within iiz instrument on behalf of the corporation therein named, and ac- P .o knowledged to me that such corporation executed the within t 8 instrument pursuant to its by-laws or a resolution of its board of g directors. J nd ofRcial seal. c) z 2 Name (Typed or Printed) (This ama for offkial notarial awl) Y,‘\ 1 L . . . . * a’i* . 1 2152 EXHIBIT “A” LEGAL DESCRIPTION - Lot 44 of Carlsbad Tract 72-34 (Ranch0 La Cuesta) Unit #2 in the City of Carlsbad, County of San Diego, State of California. According to Map thereof No. 8351 as recorded in the Office of the county Recorder of San Diego County dated July 28, 1976, PfWPAGE HO.’ .. . BOQK Kktfi-- 0FFI~::Ik.i AECCROS $AN DIEC:! 2OlJMTY, CA VERA L"LYLE ~ ,RECORD&R ,.. - / -_,.. ___ _.,,, .