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Home My WebLink AboutMS 479; Watson, George and Barbara; 80-187606; Public Facilities Fee Agreement/Releasefter rezqrding return to: ,. ‘. . && ,&-&~ * l ..A- /zoo Elm Ave. krlsbad, CA 92008 1n3 ‘L . ..e AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE . THIS AGREEMENT is entered into this /_3 2 day of /n&f I 19 Bn, by and between 2 I . (name of developer-owner) a ,hereinafter referred to as (Corporation, partnership, etc.) II "Developer", whose address is 4i124 xG5"2 c;c-: ,j,=iv,. I (street) +i-ls).,l -1; 'Yalif. 5‘2y5 , 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. WI%'NESSETH: . 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 VIHEREAS, the Property lies within the boundaries of City; .and WHEREAS, Developer proposes a development project as follows: xcordar,ce xith Cit L.3ln;&ces . . . I .i ,, . . , l . . .’ _I . . . on said Property, which development carries the proposed name * . , I of . and is hereafter referred to as "Development"; and . WJXREAS, Developer filed on the s&day of Ju~z I 19&o , with the City a request for 7E&TffT,YE P/f/z LEL . (hereinafter referred to as "Request"; anil 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 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 th e City cannot and will not be able to make any such finding withou t financial assistance to pay for . ' such services and facilities: and, therefore, Developer proposes . I 2. *. . . .I< /, . . ’ I ’ ‘, , -.’ y- .., 1735 . .’ ..” ' 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 _I , - VT remquired pursuant to Titles 18, 20 or 21 of the Carlsbad Municipal Code. A credit toward such fee shail 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 convers'ion 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 3. . L . . -. ._.- -- ” , _c ,* * . : . .” - / ,’ 1736. . ,’ “./- . ’ 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 offersto 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- . ment. Sites donated under this paragraph shall not include improvements required pursuant to Titles 18 or 20 of the Carlsbad Municipal Code. . I 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 cqnsistent with the General Plan and any approval or permit for the Development shall 4. , . . . :. -- . be 'void. No building or other construction permit or entitlement for*use shall be issued until'the public facilities fee required by this agreement 4. City agreement in a is paid. agrees to deposit the fees paid pursuant to this 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 tb 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. s 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 kail, 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 giten to Developer by personal delivery thereof to Developer or by depositing the same in the United States . 5. . I . _- - _ ,..- -__ - _ . - - -_ -. _. - . ,- : - - ,* . . ‘. - /; . ‘ * 173$.. . .’ 1) Mail, enclosed in a sealed envelope, addressed to Developer at the , I. address as may have been designated, postage prepaid and certified: a. 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 b- e reference to and include their respective successors and ass.igns without specific mention of such successors and assigns. If Developer should cease to have any Lnterest in the Property, all obliga,tions of Developer hereunder . shall terminate; provided, ,however, that any successor of Developer's j 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. . . ..- e * . , ,- ..* , , . . . ‘. * l . I 1739 . .’ /- ,~ . \ l IN WITNESS WHEREOF, this agreement is executed in San Diego Courit;!, California as of the date first'wrgtten above. DEVELOPER-OWNER: CITY OF CARLSBAD, a municipal corporation of the State of California ‘. . City Manager . 4 . 1 , . * . . (Title) BY (Title) ATTEST: /i / \ Vl!J@N+i? BIONDO,'iiR.., City Attoiney (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) . . ‘: 7. . - > K 9 , known to me 9 to be the perso- whose namedR/.rLtsuhscribed to the * 5 3 I. FOR NOTARY SEAL OR STAMP { W_Commission Expires NOY 1, A- 1982 . .____ . ---. r, 4 .,.:. \ .,. -,,, ;“fq -7 .. ,_ ; ~, .i; - 1741 I. I I’,‘. + DESCRIPTION _ .- : i All that portion of Lot 11 in Block "En of BELLA VISTA, in the County of San Diego, Stajk'of California, according to Map thereof No. 2152, filed in the office of the County Recorder of Ban Die90 County, March 7, 1929, lying Southerly of a line which bearsSouth 73O 21' Uest, parallel with the Southerly boundary line of'safd Lot 11 from a point on the Easterly boundary line of said Lot 11, which is North 13* 39' West, ,76.25 feet from the Southeast!rly corner of said Lot.11. , " lying Also, all that portion of Lot 12 in said Block;-*EW of BELLA VISTA, Northerly of a line which bears South 73" ,21* West parallel with the Northerly boundary line of said Lot 12, from a point ia the Easterly boundary line of said Lot 12 which is South 31" 46' East 47.0 feet from the angkpoint in said Easterly bounda.ry line of said Lot 12, ORDER NO. 41613-3 5/12/80 ant 1 . EXH JUH 12 9 17 FrM't$/ l&y Q:;<;.,*, ’ ’