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HomeMy WebLinkAboutGPA 61D; Daon Corporation; 81-385900; Public Facilities Fee Agreement/ReleaseAf!,er wcoi-ding return to; .* &ty o? 'I%-l,sbad .1LOO~Elm Ave. Carlsbad, CA 92008 . I - .- AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this $5 day of' tici)\/. I 1-1 I by and between Daon Corporation , (name of developer-owner) a Cnr nn ,hereinafter referred to as (Corpor%%k, partnership, etc.) "Developer", whose address is 4041 MacArthur Blvd. I (street) Newport Beach, CA 92660 (City, state, zip code) , 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. WITNESSETH: WHEREAS, Developer 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: Annexation from the County of San Diego to the City DEC 9 ra 08 AM ‘81 Oft-:..,i ,.. ..:GORDS SAH ::Fi,. ; - I L-3, CA VERA f. LYLE FFiOIiDER 44AR 80 . , . -. -_ I .ll___-_ l - * ‘0 ,.: . I .,. ’ ” . i. I , ,&i 374 ' - .I d on said Property, which development carries the proposed name of and is hereafter referred to as "Development"; and WHEREAS, Developer filed on the 24 day of )\1&, I 19 81 ', with the City a request for Annexation, General plag Amendment & Preannexation Zoning (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 WHEREAS, Developer and City recognize the correctness of Council Policy No. 17, dated August 29, 1979, on file with the City Clerk and incorporated by this reference, and that the City? 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 propdsed; but the Developer is aware that th e 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 2. . . ‘. ..* . , ’ . . .I , * .* . ’ - i .’ _ . . - , ‘L___V “-..I .*6,L 375 : -- * to help satisfy the General Plan as implemented by Council Policy No. 17 by NOW, covenants 1. fee in an payment of a public facilities fee. THEREFORE, in consideration of the recitals and the * contained herein, the parties agree as follows: The Developer shall pay to the City a public facilities 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 fbr the develop- ment 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 shall structures into building permit pay a fee for conversion of existing buildings or condominiums in an amount not to exceed 2% of the 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 used' in this agreement, exceptin 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 3. I A’, , ’ *.. . . ’ *co 376 . - . . the development is intended. Developer shall pay to City a public facilities fee in the'sum of $1,15'0 for each mobilehome space to be constructed pursuant to the Request. The fee shall be paid prior to the issuance of building or other construction permits for the development. This fee shall be in addition to any fees, dedications or improvements required according to Titles 18, 20 or 21 of the Carlsbad Municipal Code. A credit toward such fee shall be given for land which has been dedicated for park purposes or for any fees paid in lieu thereof pursuant to Chapter 20.44 of the Carlsbad Municipal Code. 2. The Developer may offer to donate a site or sites for public facilities in lieu of all or part of the financial obligation agreed upon in Paragraph 1 above.. If Developer OfferSdto ': donate a site or sites for public facilities, the City shall consider, but is not obligated to accept the bffer. The time for donation and amount of credit against the fee shall be determined by City prior to the issuance of any building or other permits. Such determination, when made, ' shall become a part of this agree- ment. Sites donated under this paragraph shall not include improvements required pursuant to Titles 18 or 20 of the Carlsbad Municipal Code. 3. This agreement and the fee paid required to ensure the consistency of the pursuant hereto are Development with the City's General Plan. If the fee is not paid as provided herein, the City will not have the funds to provide public facilities and services, and the Development will not be consistent with the General Plan and any approval or permit for the Development shall ‘4. - ‘,‘. . I. .’ + . ‘t- * . . . *. %. 0 ),$i \ 377 be void. No building or other construction @errnit or entitlement for use shall be issued until the public facilities fee required by this agreement 4. City agreement in a is paid. agrees to deposit the fees paid pursuant to this 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 to comply with any requirements of agencies as evidence of adequate public facilities and sufficient to accommodate described. 6. All obligations the needs of the Development hereunder shall terminate in the event the Requests made by Developer are not approved. 7. Any notice from one party to the other shall be in other public services herein 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 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, enclosed in a sealed envelope, addressed to the City for attention of the City 14anager, postage prepaid and certified. 7.2 If notice is given to Developer by thereof to Developer or by depositing the same in' . 5. personal delivery the United States . ;. .I , :i *I ! 1 .I ’ . - . . . , i. ’ r&C. 378 ’ ‘- Mail, enclosed in a sealed envelope, addressed to Developer at the 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 and the City, and references to Developer 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. 9. This agreement shall 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. /// I// /I/ /// /// /// /// /// /// /// 1 .,‘a.* . ., .e- ‘C I , i-3 . I... I *..nu L 3 7 g +. : - $N WITNESS WHEREOF, this agreement is executed in San Diego $Ze)unty, California as of the date first written above. &3U$OPER-OWNER: -f!??Ae) Sr. Vice President, Land Deve lopment CITY OF CARLSBAD, a municipal corporation of the State of California City Manager @!TEST: --c-- @.$y Attorney fyotarial.acknowledgement of execution by DEVELOPER-OWNER must . & attached.) 7. . . TO 1945 CA (8.74, (Corporation) EARANCE STATE OF CALIFORNIA AllcoN COMPANY COUNTY OF Orange \ f ss. On Novr before me, the undersigned, a Notary Public in and for said ? State, personally appeared W . A. CO 1 ton -III 9 known to me to be the Sr. Vice President, andMichael* Rvm 2 known to me to be Vice President =-=w I w I of the corporation that executed the within Instrument, i! known to me to be the persons who executed the within 2 Instrument on behalf of the corporation therein named, and J acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. t : : : 4 Mv Commls t444444444 •*~9+*~~*494+4Q44**44 OFFICIAL SEAL i MARILYN F. PADGl7-T * NOT/\pY PUBLIC-CALIFORNIA : P&VCIPAL OFFICE IN ORANGE COUNTY : won Expires Dec. 7, 1982 4 $ )*~*4e494*e4*4844*++$ (This area for official notarial seal) z .’ ?- / Ir , . - ,& 381 * - . . ‘. EXHIBIT “A” LEGAL DESCRIPTION Portions of the Southeast Quarter of Section 19, the Northeast Quarter of Section 30, and the Northwest Quarter of Section 29, Township 12 South, Range 3 West, San Bernardino Meridian, in the County of San Diego, State of California. .