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HomeMy WebLinkAboutMS 549; La Costa Land Company/Daon Corporation; 81-286839; Public Facilities Fee Agreement/Release'1 i CLiii‘ti I' , 8 ;j i c _ .I, 8, -,'. iii, .a+ Ca'rS'sbad * 4 L-23 ,Eim five. ' Arlsbad, CA 92008 -c _ .I 643 AGREEIQZMT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE . THIS AGREEMENT is entered into this 25 day of June I 19 81 , by and between La Costa Land Company /Daon Corporation (name of developer-owner) , a Corporation ,hereinafter referred to as (Corporation, partnership, etc.) "Developer", whose address is 4041 MacArthur Blvd. I (street) . Newport Beach, CA 92660 * , and THE CITY OF . (City, state, zip code) - CARLSBAD, a municipal corporation of the hereinafter referred to as."City", whose Avenue, Carlsbad, California, 92008. . WITNES WHEREAS, Developer is the owner of the real property described - SE . State of California, T H: 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 City; and WHEREAS, Developer proposes a development project as follows: , Teiitative Parcel Map . . . . * . 4NVSo : . . . on'said Property, which development carries the proposed name of Tentative Parcel Map for Alicante Hills and is hereafter referred to as "Development": and WHEREAS, Developer filed on the 25 day of June I 19 81, with the City a request for Tentative Parcel Map (hereinafter referred to as 'IRequest"; 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 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 proposes 2. . . . . . L . . . * *_. * _’ * ” > 647 ) :, 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 fee in an amount not to exceed 2% of of the buildings or structures to be / the City a public facilities the building permit valuation 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 ..Code. A pursuant to Titles 18,' 20 or 21 of the earls-bad Municipal 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 s 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 construction permit" and "entitlement for use" as . . . used in this agreement, exceptin reference to mobilehome sites or I projects, shall not refer to grading permits or other permits for the construction of-underground or street improvements unless no I other permit is necessary prior to the use br occupancy for which . 3. . . . . . . . . . . : . -,. 648 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 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 .. : - d0nate.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- l men't. Sites donated under this paragraph shall not include improvements required pursuant to Titles 18 br 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 4. . .- . . . . . . I . ’ - * .. . ; ,. 649 L . 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 facilitik 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 Deveioper 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 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. * . . . . . ’ ’ , 1 I *’ . -, . ,. 650 ’ : 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 successor% 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 aiy successor of Developer's interest in the Property shall have first assumed in writing-the .Developer's obligations hereunder. 4. 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. /// . ..-.. . /// . ///: . . . /// ’ . . - . /// . . . /rr . . . . - /// - - - . //;/ . . . . . . . . p. 651. - . IN'WITNESS WHEPEOF, 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 oration . Vice President, Land Development . (Title) City Manager . f BY c (Title) . ATTEST; . c I . VINCFNT F. BIONDO, JR..,. City Attorney . . . - . d (Notarial acknowledgement of execution be attached.) . . . . . . : by DEVELOPER-OWNER must _ c . . . . 2 zl E 9 u = i= 5 .v t : F ii 2 .o ; 8 g p 0 5 ,o STATE OF CALIFORNIA s ORANGE 5s. 652 COUNTY OF- _l_- 0” -, before me, the undersigned, a Notary Public in and for said State, personally appeared Michael K. Ryan known to me to be the Vice president, d Land Development known to me to be the Secretary of the corporation that executed the within instrument, and known to me to be the persons who executed the within instrument on behalf of the corporation therein named, and ac- knowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. Betty b&n Pollaccia Name (Typed or Printed) (This araa for official notarial seal) * c“ ( .I. . /_ , , . ‘.( . 653 EXHIBIT "A" -- LEGAL DESCRIPTION ECDROEDE’QUESTCS OF e nob52-/ 8 2 37 F! ‘C 1 OFFKIAL RECORDS SAM DLECO COUHT'i,CA, / VERA 1. LYLE REGOP~Ff? A portion of Section 25, Township 12 South, Range 4. West, San Bernardino Meridian, San Diego County, California and Carlsbad Tract No. 72-25,..in the City of Carlsbad. According to Map thereof No. 8266 filed in the 0.ffice of the County Recorder of I’d0 FEE San Diego County op February 26, 1976. .