Loading...
HomeMy WebLinkAboutMS 594; Team Alliance Corporation; 82-373119; Public Facilities Fee Agreement/ReleaseREC,ORDTN(: REOITESTED RY AND ) WHEN RECORDED MAIL TO: 1 ) CITY OF CARl,SRAD 1200 Elm Avenue Car-1 shad, Ca 1 i forn i a 97.008 ) I -- v !“C, l ,, I 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 RF:‘,’ 4-2-82 _- _ - .__.._ - _ ._ ; - - * . . * _* I “’ 14.1 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 . REV 4-2-82 -2- _- / -142 ’ . 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. REV 4-2-82 -3- 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. -4- __ ._ .- ., .:A Z_‘.‘_ _, * .*. -5 -- , . . .- I% ” ¶.4B ., 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. I -5- RI?V CI -2-82 * .’ . ’ #’ . 3.. - *v 145,’ 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.) . -6- RKV 4-2-82 - 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 ‘. ,.’ * .- a. L . ‘.*. EXHIBIT "A" LEGAL DESCRIPTION ” . 146 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. .