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HomeMy WebLinkAboutMP 149M; Daon Corporation; 84-126622; Public Facilities Fee Agreement/Release, ’ t I , i_’ RECrjRDING REQlJESTED BY AND lil5 . - $&I26622 -- . _- .WHEN RECORDED MAIL TO: ; 1.,L ,_~fMj5-;;:;hrn ;>J * 1 - . r- (; 1" [ 1 c I A ,>,*" r<".;;Yj:;rli; . OF 5 4X Cii.i,:,! Li,:!f] 1.1, ;itj. CITY OF CARLSFAD i 1 -1200 Elm-Avenue -,' 198’i a!-?? -r; /!.j( 10: I 3 Carlsbad, California 92008 i f \,,f;;~,-J ; : i.1 Space above this line fduz-.B .“h&ip&; ; . ,,'& : g; e MO FEE .- "" v Documentary tran\sfer tax: $ No fee tax-firm name City of Carlsbad J/6 -320-/f 2m-o/o-oq, /8,/p Parcel No. 2&-r -03l- or, er ZSJ-- 0 u'/- /y 3&a-- B22-o/ a--~3+ q,&// &a--DL3- Of,& AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE * THIS AGREEMENT is entered into this J$' day of /%z.# vaey bv and between DAON CORPOPATIOM ' (name of developer-owner) a COP,DOR+TION , hereinafter referred to as .(Corporation, partnership, etc.) "Developer" whose address is 1241 Elm Avenue (street) Carlsbad, CA 92008 and THE CITY OF (City, state, zip code) CARLSBAD, a municipal corporation of the State of C hereinafter referred to as "City", whose address is Carlsbad, California, 92008. WITNESSETH: WHEREAS, Developer is the owner of the real pr 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: A tentative tra'ct ~a?, a general olac amendment a Master Plan amendnent on apnroximatelv 55%+ Ah. a zone change, and withir! La Costa Southwest. REV 4-2-82 . I . 1116 on said Property, which development carries the proposed name of . La Costa Southwest , and is he.reafter referred to as “‘Development”; and , WHEREAS, Developer filed on the day of , t 19 -’ with the City a request for a tentative tract ma?, a zone chanqe, w a general plan amendment, an6 a Easter Plan amendment. 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 April 2, 1982, in 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 avai-lable 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. : . -2- REV 4-2-82 .‘% . 1117 NOW, THEREFORE, &n consideration of the re,,tals and the covenants contained herein, the parties agree as follows: 1. The Devc'loper 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 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. Developer shall pay a fee for conversion o f 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 conversirln 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 re'ference 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 shal.1 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 Tftles 18,.20 or 21 of the Carlsbad Municipal Code. -3- REV 4-2-82 2. The Developer may offer to donate a site or sites for publxc facilities j.n lieu of all or part of the financial obligation agreed upon in daragraph 1 above. Tf 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 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 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 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 . .’ suff,icient to accommodate the .needs of the Development herein described. -4- . ‘. 1119 ’ *. . ,A 6. All obligatio,.d hereunder shall terminat, in the event the 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 authorised 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 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 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. 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 an’d 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 s’ecurity interest in the Property. When the obligations of this agreement have been satisfied, City shall record a release. -5- REV 4-2-82 ,- . . . IN WITNESS WHEREOF, this agreement is executed in San Diego County, Ca'lifornia as of the-date first written above. t DEVELOPER-OWNER: CITY OF CARLSBAD, a municipal * corporation of the State of California D&OM CORPORATION (n .I BY ~&jp-P, BY V City Ma.nager (Title) . . ATTEST: P . . ALETHA L. RAUTENKRANZ, City Cle APPROVED AS TO FORM: '1 : I City Attorney I (Nptarial.ack_nowledgement of execution by DEVELOPER-OWNER must -b-e ,,__ attached.) . .‘. -6- REV 4-2-82 a E + Onmmber 13 lOfiT? , before me, the undersigned, a Notary Public in and for 5 Michael K. Rvan and .o said State, personally appeared lil W.A. Colton, III , personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as Tri ncI dent , La*~wnd~~~y, on behalf of '- a, DAON CORPORATION , 50 8: the corporation therein named, and acknowledged to me that g; 0,’ such corporation executed the within instrument pursuant to its I by-laws or a resolution of its board of directors. iG ? WlTfiESS my hand and official seal. co 8 z (&,& & .s/gJ&jj Marcia A. Brown (This area for official notarial seal) 1122 c .._I. -0 \ -, . * EXHIBIT “A" LEGAL DESCRIPTIOK A parcel of land being, Lots 3 and 4 add a portion of Lot 2 of Fractional Section 1 and portions of Lots 1, 2, 3, 5, 6, 7, & 8 of Fractional Section 2 all in Township 13 South, Range 4 West, San Bernardino Meridian, together with the unnumbered Lot and Lot 2, and portions of Lots 1, 3, 4, 9, 10, & 11 of Ranch0 Las Encinitas Map 848 in the City of Carlsbad, County of San Diego, State of California. ' I , .