HomeMy WebLinkAboutMS 478; Swaim, David and Jane; 80-187603; Public Facilities Fee Agreement/Releasefter r.ecording return to: . . . ; . se. - I
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PO0 Elin Ave.
Llarlsbad, CA 32008’
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AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this 23
1963 t by and between
. (name of developer-owner)
aSjlp.-d&g i& / -t&xx P (Cor$ordt<on, par&&ship, ,hereinafter referred to as etc.) i L
"Developer", whose address is t (street)
, and
CARLSBAD, a municipal corporation of the State of California, .
THE'CITY OF
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
WTJEiZsAS , the Property lies within the boundaries of City;
.and
WHEREAS, Developer proposes a development project as follows:.
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on said Property, which development carries the proposed name - .
and is hereafter referred to as "Development": and .
WHEREAS, Developer filed on the g7a day of @v I I
19 R I with the City a request .for
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(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 August 29, 1979, on file with the City Clerk
, * incorporated by this reference, and that the City's public facilities and serv
are at capacity and will not be available to accommodate the
and
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additional need forspublic 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 th& 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 . I 3 L.
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' to help satisfy the General Plan'as implemented by Council Policy
No. 17 by payment of a public facilities fee. : , -
' NOW, THEREFOP3, 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 I *
re-quired pursuant to Titles 18, 20 or 21 of the Carlsbad Municipal
Code. A credit toward such fee shall be given for land which has
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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 shail include community
apartment or stock cooperative. The terms "other construction * permits", "other construction permit' and "entitlement for use" as
used in this agreement, exceptin 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 pri& to the use or occupancy for.which
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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. e
. 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 anlount 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-
ment. 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 yi.11 not be consistent with the
General Plan and any approval or permit for the Development shall
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. be 'void. No building or other construction permit or entitlement I
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.
I 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 tihatsoever .
unless served in one of the following manners:
7.1 If notice is given to the City by personal delivery d
' thereof to the City or by depositing same in the United States
iail, 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 giken to Developer by personal delivery
thereof to Developer or by depositing the same in the United States .
5.
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Mail, enclosed in a
address as may have
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sealed envelope, addressed to Developer at the
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
interest in the Property, all obligqtions of
shall terminate: provided, ,however, that any
cease to have any
Developer hereunder
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.
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IN WITNESS WHEREOF, this agreement is executed in San Diego 2
County, California as of the date first written above.
DEVELOPER-OWNER:
A CITY OF CARLSBAD, a municipal . corporation of the State of California . J G!!& (Name)
City Manager
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(Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.)
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TO ,944 CA (8.74)
(Individual)
STATE OF CALIFORNIA San Diego COUNTY OF
1706
~lllE~!ANCE
ss. ATKOR COMPANV
May 23, 1980
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2 to to the within instrument and acknowledged that=
executed the same. OF? ICIAL SC&L
M."dl'i V. LRUDERDALE ;
f.::.A;iY PUBLIC . CALIFORNIA ‘:
Pri..:ij;l Ct:ice, San kg0 Co. Calit.
MI ~~,~.;:ixim Exp. June 21, 1981 F
(This area for ofiicia1 notarial seal)
EXHIBIT “A”
LEGAL DESCRIPTION:
Lot 241 of La Costa Meadows Unit No. 1, in the County of San
Diego, State of California, according to map thereof No. 6800, filed in the Office of the County Recorder of the County of
San Diego on December 9, 1970
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