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HomeMy WebLinkAboutMS 574; Daon Corporation; 82-102776; Public Facilities Fee Agreement/Release’ f=C+fH 9 &QUkS?Li BY ,j.te?‘r&i?ding return ,to: . * *I .\ '. ;i t‘y, of. Carl.sbad” 1200 Elm Ave. Zarlsbad, CA 92008 . * . . 230 : . I_ WI 0.2 7.76, _. -fiECOR,Ly~3 gq - . . OFFicfd~ ~~~~~~~~ -7 AGREEMENT BETWEEN DEVELOPER-OWNER QF SAN UJ $3 coulyi y, CA. 3 AND THE CITY OF CARLSBAD FOR THE PAYME‘NT OF A PUBLIC FACILITIES. FEE 1982 !lm 14 #& 8: 26 L Vg:?A i I 'i ! 6 - COU,J 1 y [;;;-;.;j';lr~~ ; . . THIS AGREEMENT is entered into this 25 day of March . I . . 1982 , by and between Daon Corporation NO FEE (name of developer-owner) ..a Corporation -. ,hereinafter referred to as (Corporation, partnership, etc.) : . . - "Developer", whose address is 3200 Park Centcr Dr., Suite 1460 , (street) . Costa Mesa, CA 92626 ; 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 . I -. Avenue, Carlsbad,, California, 92008. . -. * . i . . .WITNESSETH: .' . . . . . 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 , WHEREAS, the Prbperty lies within the boundaries of Ciiy; .ad . . . . WHEREAS, Developer proposes a deve-&opment'project as follows: * Commercial Development . . ,.. ‘> , . Ia ’ ‘:. on said Property, which development carries the proposed name . . of and is hereafter referred to as "Development"; and WHEREAS, Developer filed on the 25 day of March I . 19 82 , with the City a request for -Tentative Parcel Map Approval "(hereinafter referred to as "Req'uest"j 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. . L WHEREAS, Developer and City reccgnize 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.. . . . . * . . . ,&’ . : ’ . : ‘ . 2 * . . . . ‘232 ; . . . . . 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 here&;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 structufes to be constructed in the Development ..pursuant ..issuance . - - ment and shall be to the Request. The fee shall be paid prior to the of building or shall be based in addition to other construction permits for the develop- . on the valuation at that time. This fee any fees, dedications or improvements .a . required pursuant to Titles 18,' 20 or 21 of the Carlsbad Municipal -. Code. A credit towaird 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 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 shall include community . apartment or stock cooperative.. The terms "ofher.construction permits', "'other construction permit" and "entitlement for use" as . . uSed in this agreement, exceptin reference to mobiiehome 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 prior to the use or occupancy,for which . 3. :_..,. * . -- . I’ . . . 233 . 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 fhe 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. c . - 2. The Developer may offer to donate a site or sites for . public .fatiilities in lieu of all or part of the financial obligation *agreed upon in Paragraph 1 above. If Developer OfferSeto.:' ': . . 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. . . . . . 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 ‘6 . *. * ’ - ‘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 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 servides -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. , * 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 ' . -Ma'il, addressed to the City at the address set forth . . enclosed in a sealed envelope, addressed to the City herein, for attention of the Cit$ Manager,' postage prepaid and certified. 7.2 If notice is gjven to Develoi>er by personal delivery thereof-to Developer or by depositing the same in .the United States . 5. * . ' . . .‘. ,d- -. ‘. ’ *. : ; . . .’ Mail, enclosed in a'sealed envelope, addressed to Developer at the address as may have been designated, postage prepaid and certified.. 235 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, al'1 obligations 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. 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. . /// _ ‘.’ ., /I/ ///: . /// /I/ - . /// * /,, . - * /// /;/ . I . /;/ 6, . - . . . ‘. . . . 3 -. . 236 1’. _ - ,* _ - . . 18 .:.*. . . l . . -*’ . . . , IN-WITNESS WHEREOF,' this agreement is executed in San Diego . County, California as of the date first written above. . DEVELOPER-OWNER: Senior J/ice President-Land (Title) CITY OF CARLSBAD, a municipal corporation. of &he State of California BY City Manager c . . . . ATTEST: . . _* . . . . - . '(Notarial acknowledgement of execution bb DEVELOPER-OWNER must . be attached;) . s c YE s 7” .- I- .5 2 b f, E ii STATE OF CALIFORNIA ORANGE ss. COUNTY OF- 0” March 4, 1982 before me, the undersigned, a Notary Public in and for said State, personally appeared W. A. C&n, III known to me to be the Sr. Vice ,~~t!~+!!?Ji&=l K. Ryan , , known to me to be the Vice Pres./ %XJG%$ 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 corpopation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. Signature s Name (Typed or Printed) (This area for official notarial seal) . ’ i’ . l 3. * 8 , 238 EX.BIBIT "A" LEGAL DESCRIPTION A portion of fractional section 6, Township 13 South, Range 3 Nest, San Bernardino Meridian and a portion of Section 31, Township 12 South, Range 3 West, San Berdardino Meridian, in the County of San Diego, State of California as shown on Map No. 7457, filed in the Office of the County Recorder of San Diego County on October 18, 1972, described as follows: Beginning at the most Southerly corner of Lot 249 as shown on said Map No. 7457; thence, along the boundary of said Map No. 7457 the following courses; South 65O 09' 37" East 35.34 feet to a point on the arc of a Non-tangent 1030.00 foot radius curve concave Southeasterly; a radial to said point bears North 63O 37' 20" West; thence, Northeasterly along the arc of said curve through a central angle of 2O 15' 09" a distance of 40.49 feet to the TRUE POINT OF BEGINNING; a radial to said true point of beginning bears North 61° 22' 11" West; thence continuing Northeasterly along the arc of said curve through a central angle of 8O 11' 35" a distance of 147.29 feet; thence tangent to said curve North 36O 49' 24" East 554.82 feet to the centerline of La Costa Avenue; thence leaving the boundary of said Map No. 7457 and along the centerline of said La Costa Avenue, South 51° 09' 57" East 608.75 feet; thence, leaving said center- line South 38" 50' 03" West 142.00 feet; thence South 77O 00' 00" West 665.00 feet; thence North 63O 37' 48" West 166.62 feet to the TRUE POINT OF BEGINNING.