HomeMy WebLinkAboutMS 594; Team Alliance Corporation; 82-373119; Public Facilities Fee Agreement/ReleaseREC,ORDTN(: REOITESTED RY AND )
WHEN RECORDED MAIL TO: 1
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CITY OF CARl,SRAD
1200 Elm Avenue
Car-1 shad, Ca 1 i forn i a 97.008 )
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Space above this line~l%@~~&le~i? s iuse" FEE --.-J
$ No fee
Signature of declarant determining
tax-firm name
City of Carlsbad
Parcel No. &2/G-w-/7
AGHEEMENT RKTWI'EN DEVEl,OPER-OWNER
AND THE CITY OF CAR~snhn FOR THE
PAYMENT OF A PIJRLIC FACILITIES FEE
THIS AGREEMENT is entered into this 2lstday of October , 19 82
by and between Team Alliance Corporation, a California
Corporation
(name of developer-owner)
a Corporation , hereinafter referred to as
( C 0 r p 0 r n t i. 0 n , p a r C rI C* r s II i p , c t c . ) .
"Developer" whose address is 7111 Mission Gorge Road,
(street)
San Diego, CA 92120
(City, state, zip code)
and THE CITY OF
CARLSRAD, a municipal corporation of the State of California,
hcrcinafter referred to as "City", whose address is 1 J
c n I' I s 11 3 tl , Cnl iforni,7, 07008.
W I 7' N E S S E T H:
($y7z=J
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 Property lies within the boundaries of City; and
WHEREAS, Developer proposes a devklopment project as follows:
Developer proposes to construct a' 4-unit cbndominium project
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on said Property, which development carries the proposed name of
and is hereafter referred to as “Development”; and
WHEREAS, Developer filed on the 25th day of October
19 82 , with the City a request for Tentative Parcel Map and
Condominium Permit application approval
,
hereinafter referred to as “Request”; and
WHEREAS, the Public Facilities Element of the City Ceneral 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 shal.1 not be approved (said element is on
file with the City Clerk and is incorporated by this reference); and
WFIEREAS, Developer and City recognize the correctness of Council
Policy No. 17,, dated April 2, 1982, in file with the City Clerk and
incorporated by this reference, and that the City’s public facilities l
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 to help satisfy the
Gc~nt*ral Plan as implcmcnted by Council Policy No. 17 by payment of a
p II It I i <‘ f II (‘ i 1 i t i. (9 a f (*(B .
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NOW, THEREFORE, in consideration of the recitals and the
covenants contained herein, the parties agree as follows:
1. The Developer shall pay to the Ci.ty a public facilities fee
in an a-mount not to exceed 2% of the builtli.ng permit valuation of the
building 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 development and shall
be based on the 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. Developer
shall pay a fee for conversion o f existing building 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 .
Carl shad Muni cipnl Code. Condominillm shall include community .
npnrtmcnt or Rtock cooperative; The terms “other construct ion
permits”, “other construct ion permit” and “entitlement for u6e" as
used in this agreement, except in 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 nectissary prior to the use or occupancy for which the
development is intended. Developer shall pay to City a public
facilities fee in the 6um oi $1,150 for each mobilehome 6p6Ce 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, dedication6
or improvements required according to Titles 18, 20 or 2X of the
Cnrl6l)ntl Mllnicipnl Cotlc.
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2a. 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 ofEer6 to donate a site or
sites for public facilitie6, the City 6hall 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 agreement. Sites donated under
this paragraph shall not include improvement6 required pursuant to
Titles 18 or 20 of the Carlshad Municipal Code.
3. This agreement and the fee paid pursuant hereto are required
to ensllrts 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 ptlblic facilities and services, and the
development will not be consistent with the General Plan and any
approval or permit for the Development shall be void. No building or
other construct ion 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 fee6 are available.
5. City agrees to provide upon reque6t reasonable assurances to
enable Developer to comply -with any requirement6 of other public
agencies as evidence of adequate public facilities and services
suffici.ent to accommodate the needs of the Development herein
described.
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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 hc effective for any purpose whatsoever unless served in one of
the following manners:
7.1 If notice is given to the City of 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 IJnited States
Mail, enclosed in a sealed envelope, addressed to Developer at the
address as may have been designated, postage prepaih and certified. .
8. Tl1 is ag:l eement shall be binding. upon and shall inure tc the
henefit of, and shall apply to, the respective successors and assigns . 1
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 cnterest in the
Property, all 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.
9. This agreem,ent shall be recorded but shall not create a lien
or security interest in the Property. When the obligations of this
nRrccmcnt hnvt! hpcn satisfied, Ci.ty shall record A release.
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IN WITNESS WHEREOF, this agreement is executed in San Diego
County, California ns of the date first written above.
DEVELOPER-OWNER:
Team Alliance Corporation,
a California Corporation
CITY OF CARLSBAD, a municipal
corporation of the
State of California
e liAhl!j President
Qwner-Developer
(Title)
BY Secretary
Owner-Developer
(Title)
ATTEST:
BY
City Manager
AJ,ETtIA 1,. RAIJTENKRANZ, City lerk
APPROVED AS TO FORM:
c
. .
I City Attorney
(Not aria1 acknowledgement of execution by DEVELOPER-OWNER must be
attached.)
.
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STATE OF CALIFORNIA
ZOUNTY OF t ss
On this 3=)/s+ day of c=rr3/?.GR , lo&%, before me, the undersigned,
a Notary Public in and for said County and State, personally appeared 10s R. Uh I! car
larru bmac bo&Q ICI
personally known to me (e to be the
President, and personally known to me (m
tb hnvnf to be the Secretary of the corporation that executed
the within instrument, and known to me Inr to be the persons
who executed the within instrument on behalf of the corporation therein named, and acknowledged to me
that such corporation executed the same, pursuant to its laws, or a resolution of its Board of Directors.
WITNESS my hand and offical seal.
Signature ,
NOTARY MC ? IC 5 CA:.!FOWiA
SAN SXSO CGJ?iT'f
Co,mm. L:.-i:er :;sJ.
bean& (This area for official seal)
Name (Typed or Printed)
PR-45 (10) Rev. 6-82
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a. L
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EXHIBIT "A"
LEGAL DESCRIPTION
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Lot 409 of LA COSTA SOUTH UNIT NO. 5, in the City of Carlsbad,
County of San Diego, State of California, according to Map thereof
No. 6600, filed in the Office of the County Recorder of San Diego
County on March 10, 1970.
.