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Home My WebLink AboutHDP 93-14; Moffatt, Jerry & Peggy; 1993-0738088; Public Facilities Fee Agreement/Release’ ,* . __ - ) RECORDING REQUESTEU i3Y AND ) &oc II 19934738088 WHEN RECORDED MAIL TO: 1 760 oS-nctu-1993 10=28 Arl City Clerk CR-Y OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, California 920081989 OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER’S OFFICE ANNETTE EVANS, COUN;;E;ECORDER RF: 10.00 : 26.00 ;;; 1s. 00 1.00 Space above this line for Recorder’s use Parcel No. _ ,’ 206 -p?o -39 . * ._ AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CiTY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FAClLlTlES FEE FOR OUTSIDE THE BOUNDARIES OF COMMUNllY FAClLlTlES DISTRICT NO. 1 THIS AGREEME C a n,l+ 1 I , hereinafter referred to as “Developer” whose address (corporation, partnership, etc.) and the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as “City”, whose address is 1208 Carlsbad Village Drive, Carlsbad, California, 92008 1989. 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, Develo 2 er proposed a development project as follows: a Jda&f r@,&q / carries the proposed name of Form Approved By Cily Council July 2,199l Reso # Ql-194/KJH ’ : - . .’ - 761 - and.is hereafter referred to as “Development”; and WHEREAS, Developer filed on the ?qwday of with the City a request for _ I ’ 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 July 2, 1991, on file with the City Clerk and incorporated by this reference, and that the Cii’s public facilities and services are at capacity and will not be available to accommodate the additional need for public facilities and senrices 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 proposed; but the Developer is aware that the Clty 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 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 aa follows: 1. The Developer 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 addltlon to any fees, dedications or improvements required pursuant . F0nnApm.d By CiIy Council July2 1001 IWO + 9%194/KJH i to Titles I 8, 20 or 21 of the Carlsbad Municipal Code. Developer 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 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 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 shall pay the City a public~facilitles 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 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. ff Developer 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 prior to the issuance of any building or other permits. Such determination, when made, shall be- come a part of this agreement. Sites donated under this paragraph shall not include improvements required pursuant to Tiles 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. lf the fee is not paid as provided herein, the City will not have the funds to provide public faclliies 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 Form Approved Sy City Council JuIy 2 1991 Rem # Ql-19WJH 3 .’ 763 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 Counci! 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 sufficient to accommodate the needs of the Development herein described. 8. 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 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 lf notice is given to the City of personal delivery thereof to the Clty or by depositing same in the United States Mail, addressed to the Cii at the address set forth herein, enclosed in a sealed envelope, addressed to the City for attention of the City Manager, postage prepaid and certified. 7.2 lf 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 many 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 Cl, and references to Developer or City herein shall be deemed to be a reference to and include their respective successors and assigns without specific mention of such successors and assigns. lf Developer should cease to have any interest in the Property, all obligations of Developer hereunder shall F0nnAppwv.d By Cl@ Council July 21991 Rooo # 91.194KlH _ - <- 764 terminate; provided, however, that any successor to Developer’s interest in ihe 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 in the Property. When the obligations of this agreement have been satisfied, City shall record a release. Form Approved By City Council July 2,199l Rem # Of-19UKJH 5 _ A 765 . IN WlTNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: ClTY OF CARLSBAD, a municipal corporation of the State of California for City Manager ~- (prjfit name) d /.Ui&& (title) ATTEST: ALETHA L RAUTENKRANZ, City Clerk APPROVED AS TO FORM: RONALD R. BALL, Cii Attorney (Notarial acknowledgement of execution of DEVELOPER-OWNER must be attached.) Fm Approved By Clly CouncU July 2,199l boo # Ql-194/KJH 7S6 On mrt 9 personally aopeared 0 personally known . WIYIR w S*yl(lcSl tomoonthebasisof~ to k th8 poeon whos8 subscdbdtothewithini~ud~ COmm. #966597 NOTARY PUBLIC CALIFORNI SAN DIEGO COUNTY signrture(s) on tha im ~ P.f=w. orttleentityuporlb8h8ltotwhichthep8rwn(s) amd. exmxt8d th8 itlammm W~myhandandofllddsad. I y!?#!?hwlAlumY SIGNER ; Qt lno1v1W~Sl : #’ , 0 CO-ORATE OmcERlSl qn.et 8 0 ~Acm(cRlSl 0 ATTORNEY-IN-FACT 0 nrr#rtt(sl 0 su88cRlslw WnNEss 0 ~ANCONSER’JAT~ ; OOTWR: , , .a ATTUllONWQI*CII:hUlOl@k HW-dk-Dcnr+Plrao-. i THIS CERTIFICATE meofTyp8otDoclJfnult f’” T‘lfwm&~s- J J MUST BE ATTACHED orrd& y- ‘2G-@ : TO THE DOCUMENT -ofPagoa r : DESCAISED AT RIGHT: Sir)OthuThanNIlrwdAbov8 i ‘., _- : 17 .- * :. :. . . : EXHIBIT ‘A’ :. ‘767 , LEGAL DESCRIPTION -. PARCEL A: . Parcel 4 of Parcel Map 1363, in the City of Carlsbad, County of San Diego, State of California according to the Map thereof filed in the Office of the County Recorder of San Diego County, Mkch 2, 1973. PARCEL B: An easement and right of way for underground water pipelines, gas pipelines, television cable pipelines, public utility purposes and incidentals thereto, together with the right of ingress and egress for the purpose of installation, maintenance and repair of such service facilities over, under, along and across the Southeasterly 6.00 feet of Parcel 3, in the City of San Diego, County of San Diego, State of California as shown at Page 792 of Parcel Maps, filed in the Office of the County Recorder of San Diego County, April 21, 1972. Form Appr0v.d ‘I’ By city Counoil July 21991 Reao I 91.1WKJH 7