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HomeMy WebLinkAboutMS 620; Packard, Mark & Bonnie and Von & Sheila and Paul; 83-332382; Public Facilities Fee Agreement/ReleaseIW 1509 _. - ’ , ,- l&CORDING REQUESTED BY AND ) ,83-3’32-382 WHEN RECORDED MAIL TO: CITY OF CARLSBAD 1200 Elm Avenue ! if’. (.rj!;(J! (‘1 i$/ -‘*‘-’ C.lIFFli::i[&i,. i<["i:y.ff'lr; CF SAbi lllE;I; Lt.il,f; 1 y:y,t,, I it:83 SEP I 9 j,y 8: 23 Carlsbad, California 92008 1 Documentary transfer tax: $ No fee m FEE W& Signature of declarant determining tax-firm name City of Carlsbad Parcel No. 2&F O$'-B AGKEEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 2vday of /$%Ks{, 19& by and between h&L k&A?%&9 (Name of Developer) arr J&---A/ , hereinafter referred to as (Corporation, partnership, etc.) Street u(&f (City, State, Zip Code) and j$!/&~5~~~ ~~/?'?'&k%&? * /?%%5k D. +&dnn,\c 3; k&&5$40 (Name of Legal Owner) a (Corporation, etc. "Owner" ~~~~ &,, hereinafter re& whose address is (Street) &84J Li 5tikQ.f (City, State, Zip Code) AND the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City"* whose address is 1200 Elm Avenue, Carlsbad, California, 92008. fls- Bau , ’ * L 1510 RECITALS -- WHEREAS, Owner is the owner of the real property described on Exhibit "A", attached to and made a part of this agreement, and hereinafter referred to as "Property".;' and WHEREAS, the Property lies within the boundaries of City; and WHEREAS, Developer has contracted with Owner to purchase the Property and proposes a development project as follows: on said Property, which velopment carries the proposed name of / and is hereinafter referred to as "Development"; and WHEREAS, Developer filed on the 2-f day of /%$&Z/ , 19z3 ) with the City a request for 3 41 ,Ui3-00 bv&zf9 / /yS-620 he-reinafter 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 necessa.ry 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 incorporated by this reference); and WHEREAS, Developer, Owner and City recognise the correctness of Council Policy No. 17 dated April 2, 1982, 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 f'rom the proposed Development; and -2- REV 4-2-82 .C . , d *151& -- WHEREAS, Developer and Owner have 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 and Owner are aware that the' C-ity cannot and will not be able to make any such findings without financial assistance to pay for such services and facilities; and, therefore, Developer and Owner propose 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 t'he recitals and the covenants contained herein, the parties agree as follows: 1. The Developer and Owner shall pay to the City a public .facilities fee in an amount not to exceed 2% of the building 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 and Owner shall pay a fee for conversion of 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 Carlsbad Municipal Code. Cqndominium shall include community apartment or stock cooperative. The terms "other construction permits", "other construction permit" and "entitlement for use" as used in this agreement, except in reference to mobilehome sites or -3- REV 4-2-82 projects, shall not refer to grading permits or other permits for the construction of underground or .s’treet improvements unless no other permit is necessary prior to the use or occupancy for which the development is intended. Developer and Owner 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. Tbe 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. 2. The Developer and Owner 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 and Owner 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 do.nation 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 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 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- 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 and Owner 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 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 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 United States Mail, enclosed in a sealed envelope, addressed to Developer at the address as may have been designated, postage prepaid and certified. REV 4-2-82 -5- , ‘. u . >. 15ld 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, Owner and the City’ andv’references to Developer, Owner 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, 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. At such time as Owner ceases to have any interest in the Prope’rty, all obligations of Owner hereunder shall terminate; provided, however, that if any successor to the Owner’s interest in the Property is a stranger to this .agreement, such successor has first assumed the obligations of owner in writing in a form acceptable to . City. 9. 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. -6- ‘e, ” L . . ,: 151s’ . IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. . TITLE / BY TITLE \ ATTEST: CITY OF CARLSBAD, a municipal corporation of the State of California BY City Manager APPROVED AS TO FORM: VINCENT F. BIONDC, JR., City Attorney (Notarial acknowledgement of execution by DEVELOPER and OWNER must be -. , attached.) . -7- REV 4-2-82 STATE OF CALIFORNIA ss. COUNTY OF San Diego On this thti day of&!- 1983_, before me, the undersigned Notary Public, in and for said County and State, FOR NOTARY SEAL OR STAMP person~lyappe~~ H Von Packard, Sheila D. Packard, Mark D Packard, Bonnie J Packard, & Paul PaFkar3 l ~~.~~~~~~~~~,~~.~,,~,~~.~~~~~ proved to me on the basis of satisfactory evidence to be the person(s) $ OFFICIAL SEAL whose name(s) are subscribed to the within, l KATHLEEN L. COX : l instrument, and acknowledged that they NOTARY PUBLIC-CALIFORNIA : SAN OfEGO COUNTY executed the same. hfy Commission E@s Jufy 26, lOeS$ :.++....***~***~~~~*~~~~~~~~~~ ‘ ; :- *; i ( . . , ; 7 ‘1 ,’ 1 EXHI'BIT' "A" .* * I LEGAL DESCRIPTION t ‘: “’ 1517 ‘\ That portion sl’ Lots 32 azd 34 of Patterson's Addition to Carl&ad and that par: Len of Canon Street and the Southeasterly 1G feet. of Oak Avenue clzxd to pu'cJic use by order of f:he Board of Super- visors Of 593 3iEgO COUlty; September 3G, 1’939, in the City of C~srlsbad, Cocnty of San Eiiego, State of Cat,-Yornia, according to icap '.hercof No. s6I; filed in the office of the County Recorder of SW! Biego County, Sep?ember 22, 1Lt8, described as follows; Be f-ir;-lkflg at the Northeas$erly corner.of Carlsbad Tract No. ?,!I-6 according to l'ap thereof No. &CT2 filed in the office of the County iiecorder of San ijiego County, February 14, 1975, such point being in the 4&e Northwesterly line of said southeasterly 10 feet of Oak Avenue; thence, along said Northwesterly line, North S5526t01;'1 East 97.06 feet; thence, leaving said Northwesterly line, t~2tB Zast 160.23 feet; thence Nor&& sJ?2e1Ch" East ;$“;3’ye’“, Go a point in the . e d Youth-westerly line of Canyon Street; the; along said Southwesterly line, South 61,034'11" East 155.60 feet to the most Northerly corner of Paradise gstates Unit No. 2, according to Hap thereof No. 3399 filed in ?he office of the County Recorder of San Diego Coun'Q; thence, along the North- westerly boundary of said Paradise Estates Unit No, 2 and its prolongzticn, South $"19'29" Vest h67.57 feet to the South- ea=;e easterly corner of ,Carlsbad Tract No. TL-6, according to ::a? .:. thereof No. &C72, filed inthe office of. the County &corder of San Diego County, February lh, 1975; thence, alczg the Xorth- easterly boundary of sa14 uaL 'A p -Isbad Tract No, 71i-&, North 3k”“t4’31” 'viest 299.99 feet to the loint of Beginning. - .- . . -.--j --.- . ._.-._- I -_..- ____ ___. --...----I** -_1 .*-1-----w ..“-.--e .__... -I_.- - ---Tm *-a- _ _ .., ., ..~- .._ -._~ -._ .-.