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HomeMy WebLinkAboutMS 533; Spangler, Raymond; 81-349644; Public Facilities Fee Agreement/Release. ._ . _ .-..- - I _ -_ iJfi?r ~e%rding return to: '_ City, oi. Carlsbad 1200 Elm Ave. Carlsbad, CA 92008 ._ 995 ..,j . . AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES. FEE THI-S AGREEMENT is 19f/ , by and between entered into this '(name"offldeveloper-owne a-l/r l/vDfV(ck4 L ,hercinafter referred to as (Corporation, partnership, etc.) . . - ?Developer", whose address is 3 777 Sk- yu/LF 17 0. I (street) . c/s gr,t3noj G& p-OOB’ ’ p and THE CITY OF (City, state, zip code) . CARLSBAD, a municipal corporation of the State of California, , Avenue, Carlsbad, California, 92008, . . WITNESSETH: WHEREAS, Developer is the owner of the real property described on Exhibit "A", attached hereto and made 'a part of this agreement, hey&naLter referred to as "Property"; and 1 WHEREAS, the Property lies within the boundaries of City; and WHEREAS, Developer proposes a development'project as follows: )bl\l//2/DK . SuRAfVI.r/o~ i -7-D hW/DE m /?-w&qy _ ‘. . . . : AA (I. FT-3 4 m . . . :: . ‘,’ .* ,. . $96 /’ on said Property, which development carries the proposed name . of fl z3 5-3.3 and is hereafter referred to as "Deve M WHEREAS, Developer filed on the with the City a request for , (hereinafter referred to as flRequest"; and WHEREAS, the Public Facilities Element of. the City ,G&eral 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 CityI'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 Ci.ty to find that public . facilities and services will be available to meet the future . needs o.f 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 2. * *_ 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 I covenants contained herein, the- parties a'gree'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 t‘he 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. A credit toward such fee shall be given.for land which has been dedicated for park purposes or for any fee&- 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 cf the ,Carlsbad Municipal Code. Condominium shall include community ap;lrtment '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 necessa'ry prior to the use br occupancy for which 3. *._,: ._ _ -. . - __ ___ _ - - - _ __.. . m , : I- ~ . . 998 ., * the development is intended. Developer shall pay to City a public I 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 . agreed donate .facilities in lieu of all or part of the financial obligation upon in Paragraph l.above. If Developer OfferSdto. : . a site or sites for public facilitiesi 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. 3. . This agreement and the fee paid pursuant horeto are requim?! ta ensure the consistency of the Develo,pment with the 'c!ity'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 General Plan and any approval will not be consistent with the or permit for the Development shall 4. '- .. . .._ . _.. . . , ., s . -4 II , .z !. . . .(. . . ’ 999 *I’ . 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 agreement in a public facilities facilities when the City Council . the fees paid pursuant to this fund for the 'financing of public 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 agehcies as evidence of adequate public facilities and servides .sufficient to accommodate the needs of the Development herein described. I 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 noticc 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-l If notice is given to the- City by personal delivery thereof to-the City or by depositing same in the United States .MaYl, 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. . , -. _I ._- -_-__ -.--. . ^--_. -. . . -. .> ., % , . . _. . . 1000 . . . : ‘. 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 Deve.loper 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. /// * . /// * 61 . .* s . . r,, ’ , .’ I I IN' WITNESS WHEP;EOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: CITY OF CARLSBAD, a municipal 10 0 1 !’ . corporation- of the State of California City Manager pJcy/pf . (Title). : BY (Title) . ATTEST: . . City Attorney (Notarial acknowledgement bf execution by DEVELOPER-OWNER must . . 1 be attached.) * STATE OF CALIFORNIA CoUNTY OFSan Diego > ss. : 1082 On Julv before me, the undersigned, a Notary Public in and for said .: 2 State, personally appeared -G. > E ij z : , known to me E to be the person whose name is subscribed to the within instrument and acknowledged 61 !5 that that he he executed the same. executed the same. 5 : : WITNESS my and and official seal. and and official seal. Signature&z NOTARY NOTARY PUBLIC - CALI:-GRNIA PUBLIC - CALI:-GRNIA Name (Typed or Printed) Name (Typed or Printed) EXHIBIT "A" ' ' 1003 LEGAL DESCRIPTION ALL THAT PORTION OF LOT "I" OF THE RANCH0 AGUA HEDIONDA, IN THE COUNTY CF SAN DIEGO, STATE OF CAJaiFORNIA, ACCORDING TO THE MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE WESTERLY LINE OF LOT “I" OF RANCH0 AGUA HEDIONDA AND THE CENTER LINE OF MONROE STREET, AS SHOWN ON MAP OF THUM LANDS NO. 1681, FILED IN THE COUNTY RECORDER'S OFFICE DECEMBER 9, 1915 SAID POINT BEING ALSO THE MOST NORTHERLY CORNER OF BELLA VISTA, ACCORDING TO THE MAP THEREOF NO. 2152, FILED IN THE COUNTY RECORDER'S OFFICE, MARCH 7, 1929; THENCE SOUTH 28'39' EAST, ALONG THE EASTERLY LINE OF SAID BELLA VISTA, 397.56 FEET TO AN ANGLE POINT; THENCE SOUTH 26'11' WEST 520.04 FEET TO THE MOST SOUTHERLY CORNER OF THE LAND CONVEYED BY THE WM. G. KERCKHOFF COMPANY TO R. W. POINDEXTER, BY DEED DATED JUNE 30, 1941 AND RECORDED IN BOOK 1221, PAGE 14 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY; THENCE CONTINUING ALONG SAID EASTERLY LINE OF BELLA VISTA LINE; THENCE SOUTH 63'49' EAST, 25 FEET TO THE NORTHWEST CORNER OF BLOCK "H" OF BELLA VISTA; THENCE SOUTH 86'50'32" EAST, ALONG THE NORTHERLY LINE OF THE LAND CONVEYED BY WM. G. KERCKHOFF COMPANY TO JOHN T. CURTIS, ET UX, BY DEED RECORDED IN BOOK 1497, PAGE 129 OF OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY, A DISTANCE OF 217.31 FEET TO THE NORTHEAST CORNER OF SAID CURTIS LAND; THENCE SOUTH 26'11' WEST, ALONG THE NORTHEASTERLY PROLONGATION OF THE EASTERLY BOUNDARY LINE OF SAID BLOCK "HI', 85.00 FEET TO THE NORTHEASTERLY CORNER OF BLOCK "H" OF SAID BELLA VISTA; THENCE ALONG THE EASTERLY LINE OF SAID BLOCK "H", THE FOLLOWING COURSES AND DISTANCES: SOUTH 26'11' WEST, 52.82 FEET; SOUTH 4'57' EAST,778.86 FEET; SOUTH 17'03' WEST, 495.19 FEET, THE THE MOST SOUTHERLY CORNER OF SAID BLOCK "H"; THENCE ALONG THE ARC OF A CURVE CONCAVE TO THE WEST, SAID CURVE BEING THE EASTERLY LINE OF PARK DRIVE, HAVING A RADIUS OF 425 FEET WHICH SAID RADIUS BEARS SOUTH 71'02' WEST, THROUGH A CENTRAL ANGLE OF 16°10'17" A DISTANCE OF 119.95 FEET TO THE MOST NORTHERLY CORNER OF THE LAND DESCRIBED IN THE DEED TO ADOLF F. LASSEN, RECORDED IN BOOK 1484, PAGE 147 OF OFFICIAL RECORDS; THENCE SOUTH 45°52'10" EAST, 1308.37 FEET TO THE MOST EASTERLY:CORNER OF SAID LASSEN'S LAND, AND THE TRUE POINT OF BEGINNING; THENCE SOUTH 43'51'33" WEST, 364.00 FEET TO THE MOST EASTERLY CORNER OF LOT 4 OF SAID BLOCK "F", BEING THE MOST SOUTHERLY CORNER OF SAID LASSEN'S LAND; THENCE ALONG THE EASTERLY LINE OF SAID BLOCK "F" SOUTH 26'58 EAST, 291.92 FEET.TO AN ANGLE POINT; THENCE SOUTH 15°10'30" WEST 205.67 FEET TO THE MOST NORTHERLY CORNER OF THE LAND DESCRIBED IN THE DEED TO THE CARLSBAD MUTIJAL WATER COMPANY, RECORDED IN BOOK 1464,PAGE 205 OF OFFICIAL RECORDS; THENCE SOUTH 46'08'30" EAST ALONG THE NORTHEASTERLY LINE OF SAID WATER COMPANY'S LAND 689.29 FEET TO THE NORTHEAST CORNER THEREOF, BEING AN ANGLE POINT IN THE LINE DESCRIBED IN THE DEED TO W.S. KELLY, RECORDED IN BOOK 1404, PAGE 81 OF OFFICIAL RECORDS; 'THENCE NORTHWESTERLY IN A STRAIGHT LINE TO THE TRUE POINT OF BEGINNING. .‘ .a l c 100 i. EXCEPTING THEREFROM THAT PORTION OF LOT "I" DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERLY BOUNDARY OF BELLA VISTA, ACCORDING TO MAP THEREOF NO. 2152, FILED IN THE OFFICE OF SAID RECORDER, DISTANT THEREON, SOUTH 15°10'30" WEST,22.80 FEET FROM THE MOST SOUTHERLY CORNER OF LOT 5, BLOCK "F" OF SAID BELLA VISTA, SAID POINT ALSO BEING AN ANGLE POINT IN THE NORTHEASTERLY BOUNDARY OF SHELTER COVE, ACCORDING TO MAP THEREOF NO. 5162, FILED IN THE OFFICE OF SAID RECORDER; THENCE SOUTH 46°08'2.7" EAST ON THE NORTHEASTERLY BOUNDARY OF SHELTER COVE, 451.31 FEET TO A POINT OF INTERSECTION WITH A CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 331.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 66'43'16" WEST; THENCE NORTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 22'51'43, AN ARC DISTANCE OF 132.07 FEET; THENCE TANGENT TO SAID CURVE, NORTH 46'08'27" WEST, 336.93 FEET TO THE SAID EASTERLY BOUNDARY, 29.64 FEET TO THE POINT OF BEGINNING, AS GRANTED TO THE CITY OF CARLSBAD, BY DEED RECORDED AUGUST 26, 1963, AS FILE NO. 151808 OF OFFICIAL RECORDS. 60-80 7-24-81 81-348644 F.&E(PA6E NO. .-, OFFlCtAL RECORDS SAWDIEGOCOUN Y.oI vr VERA L. L LE RECORDER .