HomeMy WebLinkAboutGPA 64A; Paul Southers & Associates; 82-325681; Public Facilities Fee Agreement/Release'RE'COKDING REQUESTED BY riND ) 1717
WHEN RECORDED MAIL TO:
CITY OF CARLSBAD 1
1200 Elm Avenue
Carlsbad, California 92008
I i,’ 1, Space above this lin 4 'i'yk$co,i-dle.F ' $ use * =- :. ,:.{I I Documentary $ No fee NO FEE
Signzfkure of declarant determining
tax-firm name
City of Carlsbad
Parcel No.
AGREEMENT BETWEEN OWNER, DEVELOPER
AND THE CITY OF CARLSBAD FOR THE .
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this lc,,day of J- , 1982
4 by and between .
Paul Southers & Associates
(Name of Developer)
a Partnership , hereinafter referred to aa
(Corporation, partnership, etc.)
"Developer" whose address is 9601 Westwood Drive
(Street) . Westminister, CA 92682
(City, State, Zip Code)
and Do-on and Eric Simnnrnn (Name of Legal Owner)
a individuals
(Corporation, etc.)
, hereinafter referred to as
"Owner" whose address is
211 El Camino Real,' Suite 204
(Street)
Encinitas, California 92024
(City, State, Zip Code)
AND .,
the CITY OF CARLSBAD, a municipal corporation of the State of Ca-lifornia,
hereinafter referred to as "City", whose address is 1200 Elm Avenue,
Carlsbad, California, 92008.
.A’ RflCTTALS __-___-
WHEREAS, Owner is the owner of the real pr0pert.y described on
Exhibit “A”, attached to and made a par.t of this agreement, and
hereinafter referred to as “Property”; and
WHEREAS, the Property lies within the boundaries of City; and
WHEREAS, Developer has contracted with .Owner to purchase the
Property and proposes a development project as follows:
on said Property, which development carries the proposed name of .
Buena Vista Park Plaza
and is hereinafter referred to as “Development”; and .
WHEREAS, Developer filed on the 16 G day of July 9
1982 , with the City a reques,t for a General Plan Amkndment, Specific
Plan, and Zone Change
hereinafter reEerred 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
f.ile with the City Clerk and incorporated by this reference); and
WHEREAS, Developer, Owner and City recognize the correctness of
Council. Policy No. 17 dated April 2, 1982, on 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
-2-
REV 4-2-82
. . 371.9
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
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
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 building or s.tructures 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. Developer and Owner shall pay a fee for conversion of existing
building 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
used in this agreement, except in reference to mobilehome sites or
REV 4-2-82
* , ‘. Ino- , .
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 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.
2. The Developer and Owner may offer to donate a site or skites
for public facilities in lieu of all or part of the financial
obligation agreed upon in Paragraph 1 ab0v.e. If Developer and Owner
offers 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 ptior 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 consi’stency of the 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 a”y
approval or permit for the Development shall be void, No building or
other con’struction permit or entitlement f.or use shal’l be issued
until the public facilities ‘fee required .by this agreement is paid.
. .
nl?rr I.-q-Q’)
-4-
. . . .; 1721 L , j.1 ._
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 D.evelopment herein
described.
6. All obligations hereunder shall terminate in the event kthe
Requests made by Developer 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 f ol.lowing manners:
7.1 , If notice is given to the City of 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
Manager, postage prepaid and certifi.ed. ’
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.
-5-
QEV 4-2-82
‘. ,
.*
. . . . 1722
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, Owner
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 hereund'er 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 of owner in writing in a form acceptable to
City.
9. This. agreement shall be recorded but shall not create a lien
or security interest on the Property. Wh.en the obligations of this
agreement have been satisfied, City shall record a release.
/I/
///
//I
///
-6-
n r*tr &2-82
. l I
:. ,
-. I
IN WITNESS WHEREOF, this agreement is executed in San Diego
County, California as of the date first written above.
BY
TITLE'
ATTEST: CITY OF CARLSBAD, a munioipol
corporation of the
State of California
8 BY c ALETHA L. City Manager
City Clerk .
.
APPROVED AS TO FORM:
VINCENT F. BIONDO, JR.,
. City Attorney
(Notarial acknowlkdgement of execution by DEVELOPER and OWNER must be
a'ttached.) .
T7' . \
.
.
. REV 4-2-82
-
.- ----- ------
z E E s u E i= c J .- ; I E ii ^a 2 E :
H
4
E, ,o
STATE OF CALIFORNIA 1724 5s.
COUNTY OF San Dieqo ~~
0” July 14, 1982 , before me, the undersigned, a Notary Public in and for
said State, personally appeared Paul Southers
known to me to be- the partners of the partnership
that executed the within instrument and acknowledged to me that
such partnership executed the same.
PAULA BENITA iUiiiiiSON g - --_ NOTARY ?U~LIC-CALIFORNI,, 1
PRINCIPAL OFFICE tN s
SAN DIEGO rnt~Y- I ---..., MY Co~~WOfl Expires April 26 1% i
~~~~~~~~~~~H~~~l~lffll”“lt”~,~,,~”,~,~
Paula Benita Madson
Name (Typed or Printed) (This area for official notarial seal)
STATE OF CALIFORNIA
COUNTY OF .-%& 1
55.
cr
x E
i3
before me, the undersigned, a Notary Public in and for
0 Z said State, personally
i=
!i S1rnOdSO~ -~__
.u
z
I
_____
f -
2
G known to me to be the person- whose name/5-
3 n > subscribed to the within instrument and acknowledged to
2
z
that- /y/L&- executed the sa
d and official seal.
4
E
2
(This area for oficial notarial seal)
‘.. . l _ 7 _’
,/.s. ;
*. .
1725 .-
EXHIBIT "A"
BUENA VISTA PARR PLAZA
Legal Description
All that certain parcel of land delineated and designated as "96.68
acres" on sheet 1 of 2 of Record of Survey Map No. 5342, filed in the
office of the County Recorder of San Diego County, January 26, 1960,
being that portion of Ranch0 Aqua Hedionda, in the City of Carlsbad,
County of San Diego, State of California, according to Map thereof recorded in Book 1, Page 150 of Patents Records of San Diego County.