HomeMy WebLinkAboutMS 624; Daon Corporation; 83-316074; Public Facilities Fee Agreement/ReleaseRECORDII$G REQUESTED BY AND 1 u 214 -3-316074'
WHEN RECORDED MAIL TO:
;
CITY OF CARLSRAD * .
1200 Elm Avenue ;
Carlsbad, California 92008 1
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I::23 SEP -6 #qj'lI: 07
Do'cumentary transfer tax: $ No fee
-27 /At?& NO FEE
Signature of declarant determining
tax-firm name ;
City of Carlsbad . . -
Parcel No. 2/s- $u&-- W/J /3 , I
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into thisJy day of /I/&'s,- , 19B -.
by and between DAON CORPOtiTION
(name of developer-owner)
a* Corporation , hereinafter referred to as
(Corporation, partnership, etc.)
"Developer" whose address 'is 1241 El-m Avenue
(street)
Carlsbad, '* California 92008 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 Avenue,
Carlshad, California; 92008.
,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,
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The Property lies within the boundaries of City; and
WHEREAS, Developer proposes a development project as follows:
A 4 lot tentative Farce1 maw of aPwroxjmatelv70+ acres.
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on .said Property, whit development carries the p Jp0se.d name of
and is hereafter referred to as “Development”; and ,
WHEREAS, Developer filed on the 26 day of August
19 83 , with the City a request for a tentative parcel map
hereinafter referred to as “Request”;’ and ; * . -
WHEREAS, the Public Facilities Element of the City General Plan
requi.res 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 April 2, 1982, in file ..with the City’ Clerk and
incorporated by this reference, and that the City’s public facilities
. and services are at c’apaccty and will not be available to accommodate
the addit.ional 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 prese,ntly 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
General Plan as implemented by Council Policy No. 17 by payment of a
* - public facilities fee.
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NOW, ‘THEREFORE, .n consideration of the re tals and the
covenants contained herein, the parties agree as follows:
1. The Developer shall pay to the City a pub1i.c 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
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 b.e 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 construct ion
permits” , “other construction permit” and “entitlement for use” as
used in this agreement, except in reference to mobilehome sites or
projects, shall not refer to grading E)prmits 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 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.
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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 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 determinati’on,. 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 Co.de.
3. This agreement and the fee paid pursuant hereto’are requires
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 shali 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 ade.quate publik facilities and services
sufficient .to accommodate-the needs of the Development herein
described. *
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' 6. .A11 obligation, hereunder shall terminatt 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 giv’ing 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 foliowing manners:
7.1 If notice is given to the City of personal del’ivery
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 e.nvelope, 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
adbress as may have been designated, postage prepaid and.certified.
8. This agreement shall be binding upon and shall. inure to the
benefit o-f, 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, all obligations of Developer hereunder shall terminate;
provided, however, that any successor of Deveioper’s interest in the
.property shall have first assumed in writing the Developer’s
obligations hereunder.
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9.. This agreement shall be recorded- but shall not create a lien
or security interest in the Property, When the obligations of this
agreement have been satisfied; City shall record a release.
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IN WITNESS WHERECF, 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 I .
DAOM CORPORATION
; .
BY
City Manager
(Title)
< .ATTEST:
*APPROVED AS TO FORM:
VINCENT F. BIONDO, JR.,
City Attorney
(Nota-rj-al--acknowledgement' of execution by DEVELOPER-OWNER must be
attached.1 -.--..-. . . _ -...- . .._._ -... .._--___ _-_- -._._ "_ . .._ ..-. .,_._ _ - .^,_-_..-_ -._ .."._. . .._ . _ ._, .,.
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EXHIBIT "A"
LEGAL DESCRLPTIOK
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Parcel 5 and a portion of Parcel 4 ok Parcel Map 11722 in the City of Carlsbad, County of San Diego, State of California, recorded in the Office of the County Recorder for San Diego County on October 9, 1981 as File No. 81-322184 of Official P.ecords.
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al z On August 26, 1983 t before me, the undersigned, a Notary Public in and for
z said State, personally appeared Michael K.' Ryan and
W.A. Colton, III .u t r .I personally known to me (or proved to me on the
STATE OF CALIFORf&ZLIl ge
COUNTY OF
jss.
ZF
EB
basis of satisfactory evidence) to be the persons who executed the within instrument as V.P.Land XrZ+Z&nt and Sr ’ ’ ’ ’ ’ i.iE La!&&, on behalf of -0 =u .o DAON CORPORATION gjf? ‘05 the corporation therein named, and acknowledged to me that
g; MAMA A. BNOWN
o_r such corporation executed thewithin instrument pursuant to its Notary Public - California
I by-laws or a resolution of its board of directors. ORANGE COUNTY z
$ WITQESS my hand and official seal. MY comi7lission Expires Oct. 1,1985
.LLLTi LLig .?%-Lq arcia A. Brown (This area for official notarial seal)