The URL can be used to link to this page

Home My WebLink AboutHDP 94-05; Muhe, Daniel and Mahy, Patricia; 1994-0260821; Public Facilities Fee Agreement/Release.- . . RECORDING REQUESTE~J BY AND 1986 -3c # ~~~~~~~~~~~~ 5&w?-I994 pip50 a? i WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, California 92008-l 989 ! gFFICII?L RECORDS qj~ DIEGC CUUI?TY RECORDER’S !FFXE f;REl;Qf7\! SIIITH 3 NUPTY RECOKOER RF: 10.00 FEES: 25.00 4F: 15. no iIF: 1.00 - Space above this line for Recorder’s use Parcel No. 155-180-18 AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FAClLlTlES FEE FOR OUTSIDE THE BOUNDARIES OF COMMUNITY FACILlTlES DISTRICT NO. 1 THIS AGREEMENT is entered into this by and between Patricia Mahy and Daniel L. Muhe (name of developer-owner) a private owners (corporation, partnership, etc.) ‘ hereinafter referred to as “Developer” whose address is 4014 Aguila Street #I, Carlsbad, CA 92008 (street) (city, state, zip code) and..the.XlTY OF 4%RL~-s-~ corpuration of the State of Californla, hereinafter - ..- referred to as “City”, whose address is 1200 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, Developer proposed a development project as follows: A Single Family Residence on said Property, which development carries the proposed name of / Form Approved By City Council Juty 2,199l Reso # 91-194/KJH 1 _- 1987 and is hereafter referred to as “Development!; and WHEREAS, Developer filed on the 7%- day of ,&or I~ 9 / J& with the City a request for Hillside Develo~Permit.~ArlillstmPnt nnd Certificate of Compliance, and Street Vacation “Request”; and hereinafter referred to as 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 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 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 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 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 shall pay to the Cii 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 addition to any fees, dedications or improvements required pursuant F~Appr0v.d By CityCouncilJuly2,1991 Re.0 #91-194ncJt-l 2 1988 to Titles 18, 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 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 Tiles 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. lf 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 Titles 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. 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 be void. No building or other construction permit or entitlement for use shall Form Approved By City Council July 21991 Rosa # 91-194NJI-l 3 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 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 Cii 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 certified. 7.2 ff 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 City, and references to Developer or Cii herein shall be deemed to be a reference to and include their respective successors and assigns without specific mention of such successors and assigns. ff Developer should cease to have any interest in the Property, all obligations of Developer hereunder shall Form Apprwed By City Council July 2,199l Reso # 91-194/KJH 4 .- 1990 terminate; provided, however, that any successor to Developer’s interest in the property shall have first assumed in wriiing 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 ByChyCounci)JuIy2,1991 Rew #Il.194/KJH 5 IN WlTNESS WHEREOF, this agreement is ex8Cut8d in San Diego County, California as of the date first written above. DEVELOPER-OWNER: Patricia Mahy (print name) BY Daniel 1. Muhe (print name) CllY OF CARLSBAD, a municipal corporation of the Stat8 of California BY for City Manager (title) ATTEST: 4 ALETHA L. RAUTENKRANZ, City Clerk APPROVED AS TO FORM: RONALD R. BALL, City Attorney BY / Deputy City Attom8y” (Notarial acknowledgement of execution of DEVELOPER-OWNER must b8 attached.) Form Approwd BY CiW Council July 2.1991 &so r 91-w/I4 . ‘. I s 1 ‘1 1992 STATE OF CALIFORNIA ) , personally kndwn to me (or proved _ to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he=wexecuted the same in his/her/their_authorized capacity(ies), and that by his/her/their signature(s),on the instrument the person(s),-or the entity upon behalf of which the person(s) acted, executed the instrument. - Uifless my hand and official seal. EXHIBIT ‘A’ LEGAL DESCRIPTION Portion of Tract 2, Laguna Mesa Tracts Map No. 1719 Filed June 20, 1921. Parcel #155-180-18 Form Approved By Cii Council Juky 2.1921 Re.0 # 9%194MJH 7