HomeMy WebLinkAboutMS 453; PALOMAR AIRPORT OFFICE PARK LTD; 80-150141; Public Facilities Fee Agreement/Release: fceturrf tot
AGREEMENT BETOKEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this
19 ^y f by and between
day of
'(name of developer-owner}
^.. /hereinafter referred to as •
(Corporation, partnership^ etc . )
"Developer", whose address is fr. & •
(street)
, and THE CITY OF_
(City, state, zip code) .
CARLSBAD, a municipal corporation of the State of California,
'hereinafter referred to as "City", whose .address is 1200 Elm
Avenue, Carlsbad, California, 92008. _.'
*
* * •
. •' W I T N E S S E T H:
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 Ciry;
;and • • ' •
• •'"•**.
WHEREAS , Developer proposes a development project as follows:A •
-..
1276„„,„„„«.———?-.-"™°"a -
"r^^tsr^^^WHEREAS, Developer filed on ., ——- «^f^ ^L
. for rts) / "-^ *~L <o.ce^£=*—
19Jtf, with the City a request for.
(•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
x 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, attached to and made a part of this
agreement, 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 ana., 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
*•
i
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 propose!
*
o*•» • '«
.. ; /, •'-.'.' • • '. 1277 . .
, . ~w,^ ' -. .y
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 City a public'facilities
fee in an 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 for 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
Cb'de. 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 pay a fee for conversion of existing buildings 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 cpnstruction permit" and "entitlement for use" as
used in this agreement, except in reference to mobilehome sites or
projects, shall not refer t*o 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
FV;~. - - " •' .3 ''•.'••j • » •
•""•* ' . . 1 9 7 Q. w • • ' . • 1 £ f o
'
the development is intended. Developer 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. 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 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 agree-
went. 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
-. 1279
.. 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
sufficient to accommodate the needs of the Development herein
" described. • • .
6. All obligations 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
.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 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
5.
1280 .
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.
///
6,
" ."•'.•• ' ' - 1281 . "; . v- ...
IN WITNESS WHEREOF,.this agreement is executed in San Diego
County/ .California as of the date first written above.
DEVELOPER-OWNER:CITY OF-CARLSBAD, a municipal :
corporation of the State of California
City Manager
. (Title)
/ATTEST:
L. KAUTENKMNZ, City ClerF
' (Notarial acknowledgement of execution by DEVELOPER-OI'/NER must
be attached.) *
7.
TO I94« CA (8-74)
(Partnership)
STATE OF CALIFORNIA /]
COUNTY OF \\*LJ,
TITLE INSURANCEANDTRUST
AIKOH COMPANY
before me^tjro uMRrsigned, a Notary Publfcjn and for ssrld JBtate, personally appeared-
ux
ja to be
known to me
of the partners of the partnership
W
I
_
that executed the within instrument, and acknowledged to me
that such partnership executed the same.
WITNESS my hand and official seal.
OFFICIAL SEAL
MARLENE A. DUPRIEST
NOTARY PUBLIC - CALIFORNIA
Principal flffice in San Diego County
My Commission Exp. May 14, 1982
(This area for official notarial seal)
STATE OF CALIFORNIA,
COUNTY 0
L
T
\.OFFICIAL SEAL t
K. DAVID MINNICH >•»• ^fn w *ir f••inivi^n
NOTARY PUBLIC . CALIF i
PRINCIPAL OFFICE IN v
3 SAN DIEGO COUNTY |
* My Commission Expires Dec. 8, 1981 v
ss.
before me, the undersigned, a Mary Pubjjc in and far said State, personall^uapp,uj^Jbgjt^y... Lftu-^UI>iv> o-Cvte<g-oJJj na.<tr^^—^L
ied
_, known to me,
to be the persons, whose name^ ^ubscribed to the within Instrument,
and acknowledged to me that __.he__ executed the
x^-v
WITNESS my hand and official seal.
M jf
Notary Public in and for said State.
ACKNOWLEDGMENT-General-WolCOttS Form 233-Rev. 3-64 * SUBS,D,AHY OF AMERICAN STATIONARY PRODUCTS CORP.
'*""«%,
w 1283
II A IIEXHIBIT "A
LEGAL DESCRIPTION
BEING A PORTION OF LOT NO. 1 OF CARLSBAD TRACT NO. 79-1 ( PALOMAR
AIRPORT BUSINESS PARK) RECORDED IN THE OFFICE OF THE COUNTY RECORDER,
COUNTY OF SAN DIEGO, CALIFORNIA, SEPTEMBER 26, 1979 AS FILE PAGE NO.
79-A02987. '
r
CITY OF CARLSBAD 1284
COUNCIL POLICY STATEMENT .
General Subject: Requirements Necessary
to satisfy the Public
Specific Subject: Facilities Element of
the General Plan
e 1 of 4
Policy No. 17
Date Issued 8-29-79
Effective Date 8-29-79
Cancellation Date
Supersedes Mo. 17 issued,
9-6-78
Copies to: City Council, City Manager, City Attorney, Department and
Division Heads, Employee Bulletin Boards, Press, File
BACKGROUND:. ., ,.. — - ?
The Public Facilities Element of the General Plan requires that
before giving approval to zoning, rezoning, development or redevelopment
proposals, the public health and safety and the general welfare of
the community and all its citizens require that the proponent of any
such actions shall present evidence satisfactory to the City Council
that all necessary services and facilities will be available
concurrent with need. .
For those services and facilities provided by another entity, the
Council has and will continue to be guided by a letter of availability
from such entity. For those services provided by the City, the Council
has previously\relied on a report of availability from the City Staff.
On July 3, 1979 the City Manager reported that in the future such
services and facilities could not be made available to new development
from the City's resources.
PURPOSE:
1. To establish a policy regarding the requirements which must
be met before the City Council will find that the Public Facilities
Element has been satisfied.
2. To establish a policy that will allow development to proceed
in an orderly manner while insuring that the requirements of the Public
Facilities Element will be satisfied by establishing a fee to fund the
cost of City-provided facilities, including but not limited to: Parks,
major streets, traffic signals, storm drains, bridges and public
buildings such as fire stations, police facilities, maintenance yards,
libraries and general offices which wilL insure they will be available
concurrent with need.
POLICY; ]
1. In determining whether or not service provided by another entity
will be available concurrent with need in connection with a development,
the Council, in the absence of evidence to the contrary, shall be guided
by a letter of availability from that entity, provided, however,
developments which are required to dedicate.land or pay fees for school
facilities pursuant to Chapter 21.55 of the Carlsbad Municipal Code,
shall be deemed to have satisfied the Public Facilities Element in
regard to schools for that development without the necessity for an
availability letter.
. ' 1285
OF CARLSBAD
COUNCIL POLICY STATEMENT
General Subject: Requirements Necessary
to satisfy the Public
Specific Subject: Facilities Element of
the General Plan
-""NPage 2 of 4
x^Policy No. 17
Date Issued 8-29-79
Effective Date 8-29-79
Cancellation Date
Supersedes No.17 issued
9-6-78
Copies to: City Council, City Manager, City Attorney, Department and
Division Heads, Employee Bulletin Boards, Press, File
2. The City Council finds that the'report-entitled, "A Public
Facilities Fee for'the City of Carlsbad", dated July 3, 1979, accurately i
reflects the City's need for and lack of ability to provide public I
facilities and services to new development and it is hereby approved. |
>
The Council also finds that the continued development of i
the City, with the consequent increase in population and in the '
use of public facilities, will impose increased requirements for such
facilities, including but not limited to parks, major streets, traffic
signals, storm drains, bridges and public buildings, such as fire stations,
police facilities, maintenance facilities, libraries and general offices.
The necessity for such facilities results directly from new construction
and the need cannot be met from ordinary City revenues. The most
practical and equitable method of paying for such facilities is to impose
a fee upon new development in.the City. Payment of such a fee will
enable the City to fund a construction program to provide public
facilities. If a development agrees to pay the public facilities fee
established by this policy, the Council will be able to find that all
necessary public facilities and services will be available concurrent
with.need and that the requirements of the Public Facilities Element
have been met. If that finding cannot be made, the City Council will be
required to disapprove the development.
3. Prior to approval of any zoning, rezoning, development or
redevelopment proposal, the applicant shall pay or agree to pay a
public, facilities fee in the amount of 2% of the building permit
valuation of the buildings or structures or $1,150 for each mobilehome
space to be constructed pursuant to such approval. The fee shall be
paid prior to issuance of building or other permits and shall be based
on the valuation at that time.
4. A credit toward the fee impose'd .by this policy 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.
5. All proceeds from the fee collected pursuant to this policy
shall be paid into a special capital outlay fund of the City entitled,
"Public Facilities Fund". The fund shall be used only for the purpose
of acquiring, building, improving, expanding and equipping public
property, and public improvements and facilities including but not
limited to the following types of capital projects: Public buildings
(such as fire stations, police facilities, maintenance and yard
facilities, libraries and general city offices) parks, major streets,
' ' - - CI'-tWOF CARLSBAD
COUNCIL POLICY STATEMENT
General Subject: Requirements Necessary
to satisfy the Public
Specific Subject: Facilities Element of
the General Plan
3 of 4
No. 17
Date Issued 8-29-79
Effective Date 8-29-79
Cancellation Date
Supersedes No. 17 issued.
9-6-78
Copies to: City Council, City Manager, City Attorney, Department and
Division Heads, Employee Bulletin Boards, Press, File
traffic signals, storm drains, bridges and other"similar projects as
the Council may deem necessary and appropriate. Designation of
expenditures of funds available from the fund shall be made by the
City Council in the context of approval of the City's annual operating
and capital improvements budget or at such other time as the Council
may direct.
6. The following' exceptions from payment of the fee shall apply:
(a) The construction of a building or structure or mobilehome
space which is a replacement for a building or space being removed from
the same lot or parcel of land. The exception shall equal but not
exceed the fee which would be payable hereunder if the building being
replaced were'being newly constructed. If the fee imposed on the
new building exceeds the amount of this exception, such excess shall
be paid.
(b) Accessory buildings or structures in mobilehome parks,
such as a club house, swimming pool, or laundry facilities.
(c) Buildings or structures which are clearly accessory
to an existing use such as fences, pools, patios and automobile garages.
- (d) The City Council may grant an exception for a low cost
housing project where the City Council finds such project consistent
with the Housing Element of the General Plan and that such exception
is necessary. In approving an exception for low cost housing the
'City Council may attach conditions, including limitations on rent
or income levels of tenants. If the City Council finds a project is
not being operated as a low cost housing project in accordance with 'all
applicable conditions, the fee, which would otherwise be imposed by this
chapter, shall immediately become due and payable.
7. There is excluded from the fee imposed by this policy:
(a) Any person when imposition of such fee upon that person
would be in violation of the Constitution and laws of the United
States or the State of California.
(b) The construction of any building by a nonprofit corporation
exclusively for religious, educational, hospital or charitable purposes.
~'-' . • • - C •* ' 1287\ ; • CITY OF CARLSBAD
COUNCIL POLICY STATEMENT
General Subject: • Requirements Necessary
to satisfy the Public
Specific Subject: Facilities Element of
the General Plan
x«*x
Kjjage 4 of 4
Policy No. 17
Date Issued 8-29-79
Effective Date 8-29-79
Cancellation Date
Supersedes No. 17 issu&f3
9-6-78
Copies to: City Council, City Manager, City Attorney, Department and
Division Heads, Employee Bulletin Boards, Press, File
. __._ - ._. . _._r _.- ...___ _ -_ —..__---_ — - ,. -. j - M. _ .--_._ _ -. -._ -- - ~ ""'•
(c) The construction of any building by the City of Carlsbad,
the United States or any department or agency thereof or by the
State of California or any department, agency or political subdivision
thereof. ,
8. The City Manager shall be responsible for the administration
and enforcement of this policy. His decisions may be appealed to
the City Council whose decision shall be final.
riLE/PAGE NO."!
BOOK 193!
VERALLl'rf
SECORDEh'
wo