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HomeMy WebLinkAboutMS 546; Jasmer, Leonard and Gail; 81-279913; Public Facilities Fee Agreement/Releaser’teiq ri2::0:-2i iliJ return t0: . ..-. &, i’ v \.I I::; s-f -:, -I shad 1 fp$: El: ,"!.+e'. tk;*i5taa, ?,'\ 9L3ii08 . ,.*. 1 ‘\ l . . *. /- y 1635 ’ AGREEMSN;r IIETWEEN DEVELOPER-OWNER AND T/132 CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this it/ c by ahd between Leonard 3. and Tail M. Jasmer / -8 . . T%me of developer-owner) . a ,hereinafter referred to as ---- (Corporation, partnership, etc.) . . ?eveloper", whose address is . ' Q.rlsbad, Calif 92008 (City, state, zip code) 3305, wley Stmwt . I (street) , and THE CITY OF ChlUSBlG3, a municipal corporation of the State of California, - hereinafter referred to as "City", whose address is . myle, Carlsbad, California, 92008: . WI jc N E S S E.T H: . . . WHERZAS, DeveLoper is the owner of the real property described on Exhibit “Ii", attached hereto and made a part of this agreement, hereinafter referred to as "Property"; and WHEREAS, the Property lie& within the boundaries of Ci'ty: l WHEREAS 4 Developer prcposes a development project as follows=. A'Parcel Map &l.ritig an_exist* D,arcd war nrcrEa3c with construction - . of city required improvaents on Vallerg Street and Jmes Drive 1. . . - . * ‘* . . ; , . 4?S 5j& . .I4 . . . . . . . l t . f - t I. . . 4’ * : .: > --_ * I \ L .’ a . . 1636’ *’ ‘L -’ l on said Property, which development carries the proposed name l : .- , - of . and is hereafter referred to as "Development"; and . . WHEREAS, Developer filed on the 'ff fi day of "&+z, t I 1921 / I with the City a request for aPprova3 of a Tentative - Parcel Map . . . (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 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 aeeds of the Development as it is presently proposed; but the 1 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 I I 8 . . 2. . . . . . ' to help satisfy the General Plan as implemented by Council Policy No. 17 by paymen; of a public facilities fee. c , - l NOW, THEREFORE, in consideration of the recitals and the * ' \ covenants contained herein, the parties,agree as follows: .I . 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 , - re-quired 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 the time of conversion. The fee for a be paid prior'to the issuance of. a ' building permit valuation at . condominium conversion shall . . 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$.tes or projects, shall not refer to grading permits or other permits for 1 the construction of underground or street improvements unless no I. other permit is necessary pri& to the use or occupancy for-.which . 3.' . . . . ..- ‘r : . . _-.._- ‘I 1638. ’ ‘L ,- * : .I’ the development is intended. Developer shall pay to City a public facilities fee in the sum-of $1,150 for each mobilehome space to be . . constructed pursuant to the Request. The-fee shall be paid prior to the issuance of building or other construction permits for the development. This fee shall be in addition to any fees, dedications or improvements required according to Titles 18, 20 or 21 of the . Carlsbad Municipal Code. A credit toward such fee shall be given for land which has been dedicated for park purposes or for any fee& paid in lieu thereof pursuant to Chapter 20.44 of the Carlsbad Municipal Code. 2: The Developer may offer to donate a site or sites for public facilities in lieu of all or part of the financial obligation agreed upon in Paragraph 1 above. If Developer Offers to '. ': donate a site or sites for public facilities, the City shall consider, but is not obligated to accept the offer. The time for . .donation and amount of credit against the fee shall be determined - . by City prior to the issuance of any building or other permits. 9 Such determination, when made, shall become a part-of this agree- . . . . . . . . . vent. Sites donated under this paragraph shall not include improvements required pursuant to Titles 18 or 20 of the Carlsbad Municipal 1 Code. .- 3. This agreement and the fee paid pursuant hereto' are required to ensure the consistency of the Development wi$h 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 @.ll not be consistent with the General Plan and any approval or permit for the Develbpment shall . 4. . : a* 1 * . . ,’ . ‘; . ^ ‘. * , - ** t’ ‘ . . 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 C . . sufficient to accommodate the needs of the Development herein described. 6. Ali obligations hereunder shall terminate in the event - the Requests made by Developer are not approved. v 71 Any notice from one party to the other shall be in . . writing; and shall be dated and signed' by the pqrty 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 . Gail, 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 . . - l . I * : ‘ I. *’ . .>,,’ -,. h .’ . . I Mail, enclosed in a address as may have ,I*- ‘, $. 1646 ’ .-‘)- a .) . 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 cease to have any interest in the Prdperty, all obliga.tions 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 Prdperty. When the obligations .of this agreement have been-satisfied, City shall record a release. /I/ - . . ‘.’ . /I/ ‘. . I// .’ I// . ///” . ; , ///. . . /I/ /I/ . /I/ /// . * * . ‘i . ‘6; - ’ * i’ . ! ; .* ’ l ‘- ’ ) , -. ‘r - ‘. ,’ %’ . . * L I* r ’ ; . . . IN WITNESS WHEREOF, this agreement is executed in San Diego . County, California as of the date first written above. .- I . . . . CITY OF CARLSBAD, a municipal corporation of the State of California _. *: . . . Wan=) J By l BY City Manager (Title) . By " (Title) . . ATTEST; . . - .’ (uakk! PA. . _- .- ALSTHA L. RAUTENKRANZ, City Clerq . / VINCE@!Z-@- BIONDO, JR..,, City Attorney . l . . (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) . . . l . - . . STATE OF CALIFORNIA . COUNTY OF shhl &EC;0 On PfAY 6 s /w/ > SS. before me, the undersigned, a Notary Public in and for said County and State, personally appeared NWD J: zjAc)MGI1 &GC WI. LJ%SmF& , known to me to be the personSwhose namm ubscribed to the within instrument and acknowledged tha same. &-ted the * 1642 8 SAFECO FOR NOTARY SEAL OR STAMP 1 .-.;>.y ‘, . ~; :c,I~w ,l 9 . . . . : I .:;:, -._ : . I 1 .__ -__. - .___ ~. 1’64 3 81-2799.13 LEGAL DESCRIPTION ORDER NO. 30-09721-03 EXHIBIT "A" FtLEjPkGE fitI.- %i!Olc 19et LEGAL DESCRIPTION -, That portion of Tract 123 of CABLSBAD LANDS, in the Ci.ty of Carlsbad, $&;&g County of San Diego, State of California, according to Map thereof No, 1661, of Carlsbad Lands, filed in the Office of the Recorder of San Diega County on March 1, 1915, more particularly descrfb&d as EoJlOUs: Beginning at a concrete monument marking the intersection of the centerffnes " of Basswood Avenue and Valley Street, as shown on Map of TEUM IANDS NO. 1681, on file in the Office of the County Recorder of said San Drepo County; thence _ South 50"05'20"-West along the said centerline of Basswood blltiue, a distance of 517.77 feet to a point; thence North 31"12'20'" West a distance of 321.34 feet to the TRUE POINT OF BEGINNING; thence continuing North 31*12'20" West a distance of 89.02 feet; thence North 55°28'10" East a distance of 491.92 feet to a point in the centerline of Valley Street; thence along the aafd centerline of Valley Street, South 34°31'50“ East a distance of 109.87 feet to a point which is North 34"31'50" West a distance of 251.45 feet from the said intersection of the centerlines of Valley Street and Basswood Avenue; thence South 55"28'10" West a distance of 140.00 feet; thence Worth 34°31t50"F West a distance of 21.00 feet; thence South 55°28'IQ'C West a distance of 357.08 feet to the TREE POINT OF BEGINNING.