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Home My WebLink AboutGPA 59B; Santa Fe Company/Tchang, Paul; 81-380028; Public Facilities Fee Agreement/Releaseqftt31 rfcord'ng return to: . . \ , cj i;. of&l &ad l 12W'Elm Gie. Carlsbad, 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 11 day of February I 19 81, by and between Santa Fe Company (Name of Developer) I a a Joint Venture I (Corporation , partnership, etc.) hereinafter referred to as "Developer" whose address is 3575 Kenyon Street (Street) I San Diego, CA. 92110 . . - (City, state, zip code) ? and Paul K. Tchang, Trustee U/T/A June 16, -1978, and I - (Name of Legal Owner) Theodore E. Gildred (Corporation,. etc.) * . hereinafter referred to as "Owner" whose'address is . P. 0, Box 80036, San Diego, CA. 92138 (Mr. Tchang), and (Street) I P. 0. Box AG, Solana Beach, CA. 92075 (Mr. Gildred) , * . (City, state, zip code) the CITY OF CAIUSBAD, a municipal corporation of the State of California, hereinafter referred to as "City", whose address is 1200 Elm Avenue, 'Carlsbad, California, 92008. RECITA;S . WHEREAS, Owner 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 . t&PA SSCB-) . :’ . 1 _I’ , .L*’ . _ . -. 7 , . the Property lies within the boundaries of City; and' . . WHEREAS, WHEREAS, Developer has contracted with Owner to purchase the . - . _- - : ./ ._ dit 1466 .- property and proposes a development project as follows: a 400'acre planned industrial development on said Property, which development carries the proposed name of e Carlsbad Oaks and is . hereinafter referred to as "Development"; and . WHEREAS, Developer filed on the lo - day of February 19 81 , with the City a request for General plan amendment Yl PA s4 (8) . (hereinafter referred to as "Request"; and. WHEREAS, the Public Facilities Element of the City General Plan requires that the Cit) r Council.find that all public facilities -necessary to serve a development will be available concurrent with need or such developfient shall not be approved (said element is on 'file with the City Clerk and incorporated by this reference);. alid WHEREAS, Developer, Owner and City recognize the correctness. of Council Policy No- 17, dated August 29, 1979, on file wjth the City Clerk. and incorporated by this reference, and that the City's public facilities and services are at capacity and will not be availale to accommodate the additidnal 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 : nee9s of the Development as'it.is presently proposed; but the . . - . 2. . . . _ _.. ___ _ - _-- . --- , . . , _., - \ I i / _. . . . . - & 1467 a L , t Developer and Owner are aware that the City cannot and will nit be able to make any such findings 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 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 entitlement for use* as '8 '3. -_ . . . . . . . . . . _- . . 1 1 -1 ?i* 146% 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.$l,lSO 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 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. 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 Xunicipal 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 obligation agreed upon in Paragraph 1 above. If Developer and mer 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 t-he fee paid pursuant hereto are . required to ensure the consistency of the Development with the . 4. . . .* . -. . \ _ 4 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 my '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 and owner 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 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 qnless served in one of the following manners: 7.1 If notice-is given to the City by personal &livery thereof to the City or by depositing same in the United States Hail, addressed to the City at the add.ress 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. 7.3 If notice is given to qmer by personal delivery thereof to Owner or by depositing same in the United States Mail, enclosed in a sealed ewelope 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, . &er 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 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 obligations Af Owner in writing in a form . . : . : *. ’ ._ ’ , ,. l * * I . . t . . . C acceptable to City. 9. This agreement shali be recorded but shall not create a . 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. DEVELOPER: SANTA FE COMPANY . . Title Authorized Signator BY Title . - ATTEST: -- CITY OF CARLSBAD, a municipal corporation of the State of-California . RR& b BY ALETHA L. RAUTENKRANZ, City Clerk APPROVED AS TO FORM: \ I?JJ‘ICEw F.mOm,"JR., City Attorney (Notarial acknowledgement Of execution by DEVELOPER and ~?WNER must be attached.) . P . . ‘w I . - . 7. (Joint Venture) * *I,' ' STATE OF CALIFORNIA ' ] sS '. . *. COUNTY OF SAN DIEGO 1 l . On February 10, 1981 . . , before me, the undersigned, a Notary Public in and' for said County and State, personallyappeared \ I Paul K. Tchana known to me to be the person whose name is subscribed to the within instrument and known to'me to bz the acting partner of Santa Fe Company, a Joint Venture composed of bmas Santa Fe, Inc. (successor by merger & Lomas Santa Fe Development Co.) and Fairhomes, Inc. Said Lomas Santa Fe', Inc. and Fairhomes, Inc. being known to me to be all'of the Joint Venturers of Santa Fe Company the Joint Venture that executed the within instrument and acknowledged to me that said acting partner executed the same on behalf of'said Joint Venture and that said Joint Venture executed.the same, . WITNESS my Qand-and official skal. . Y COmmkXiOn Expires .‘I?< .-. September . *- - . . ‘,. d . b .*- . ., . . rA L 1473 All that portion of Lot I' B" of Carlsbad, of Ranch0 Agua Hedionda in the City in the County of San Diego, State of California according to map thereof No. 823; filed in the Office of th; County Recorder of San Diego County, November 16, 1896. I_ t ii! w I w i: 5 1 TO 447 c (Individual) STATE OF CALIFORNIA San Diego COUNTY OF On February 10, 1981 before me, the undersigned, a Notary Public in and for said State, personally ap eared Paul K. Tchang, Trustee U/T/A June 16, ld78, as Authorized SIgnator , known to me to be the person ~ whose name is _ subscribed to the within instrument and acknowledged that he 188w8nnv executed the same. I OFFICIAL SEAL # hand and official seal. JEANETTE M. SCHWARTZ w: NOTARY WBLIC (;AiltilHNlA PRINCIPAL OFFICE Uy 3 SAN DIEGO COUNTY 5 ommission Expires September 17, 1982 $ ~n~n~8.~“==“888~n=~=~.~-~a~‘.n=~ Name (Typed or Printed) (This area for o!Tfcial notarial seal) OFFfCk. FiECOROS BAN DtECO ~cOt'?i'Tr, CA .YERA LLYLE- _ ,R!!CDRDER