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Home My WebLink AboutMS 662; Swift, Timothy and Judith; 84-292089; Public Facilities Fee Agreement/Release--_ _ __ ___. --7-wI - ~..- -- ~_ RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: 1 CITY OF CARLSRAD 1 1200 Elm Avenue 1 - Ii’84 AUG - 1 AW r@ 03 Carlsbad, California 92008 ) Space above this line for Documentary trans fer tax: $ No fee . ..- --- hr 'n pA% u NU FEE Signature of declafant determining " tax-firm name City of Carlsbad Parcel No. 216-240-10 AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT ia entered into this.Ji'fl-day of e ,1984 bv and between Timothy C. Swift and Judith A. Swift husband and wife as joint tenants (name of,developer-owner) as individuals , hereinafter referred to aa (Corporation, partnership, etc.) "Developer" whose address is 2438 Torrejon Place, (street) Carlsbad, CA 92008 (City, state, zip code) and TYE CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to a8 IrCity", whose addrese is 1200 E Carlabad, California, 92008. WITNESSETH: @?=+-J WHEREAS, Developer ia the owner of the real property described on Exhibit "A:, attached hereto and made a part of thie agreement, hereinafter referred to aa "Property"; and WHEREAS, The Property lie8 within the boundariee of City; and WHEREAS, Developer propoaee a development project a8 fol10w8: Developer proposes to convert an existing duplex into a condominium REV 4-2-82 Ad5 662 -. 2018 ' o,n aaid Property, which development carries the propoeed name of , , and is hereafter referred to as 'Development'; and WHEREAS, Developer filed on the c&w day of ¶ 19 84, with the City a requeet for Tentative Parcel Map approval hereinafter referred to a8 “Request”; and WHEREAS, the Public Facilities Element of the City General Plan require8 that the City Council find that all public facilities necessary to serve a development will be available concurrent with need or such development ehall 'not be approved (said element is on file with the City Clerk and ie 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 eervicee are at capacity and will not be available to accommodate ,. the additional need for public facilities and services resulting from . the propoeed Development; and W WHEREAS, Developer ha8 aaked the City to find that public facilities and cervices will be available to meet the future needs of the Development a8 it is presently proposed; but the Developer is aware that the City cannot and will not be able to make any euch finding without financial assistance to pay for such services and facilitiee; and therefore, Developer proposes to help satisfy the General Plan as implemented by Council Policy No. 17 by payment of a public facilities fee. -2- REV 4-2-82 -~.- _ ----.~- ----.. .__ -~--. -. _.-.- .-., _; .____~_ ._.__- - G------_;.I.. __ .:--;-z-u ~ I . ;. - 2019 NOW, THEREFORE, in consideration of the recitals and the covenante contained herein, the parties agree a8 followa: 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 building or structures to be constructed in the Development pursuant to the Request. The fee ehall be paid prior to the iesuance of building or other construction permits for the development and shall be baaed on the valuation at that time. This fee shall be in addition to any fees, dedications or improvement8 required pursuant I to Title8 18, 20 or 21 of the Carlsbad Municipal Code. Developer ahall pay a fee for conversion o f exieting building or structures into condominium8 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 convereion permit as provided in Chapter 21.47 of the Carlsbad Municipal Code. Condominium 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 projecta, shall not refer to grading permits or other permits for the construction of underground or street improvement8 unlesa no other permit is necessary prior to the use or occupancy for which the development ie intended, Developer shall pay to City a public facilities fee in the aum of $1,150 for each mobilehome apace to be . constructed pursuant to the Requeet. The fee ahall be paid prior to ’ the issuance of building or other construction permits for the development. This fee shall be in addition to any fees, dedication8 or improvements required according to Title8 18, 20 or 21 of the . . Carlsbad Municipal Code. -3- REV 4-2-82 - -i --. -_L- .___-._~. --- . --- ., . .v- . . . , 9” 2020 2. The Developer may offer to donate a site or sites for public * facilities in lieu of all or part of the financial obligatidn agreed upon in Paragraph 1 above. If Developer offers to donate a site or rite8 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 iesuance 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 Carlebad Municipal Code. 3. Thie agreement and the fee paid pursuant hereto are required 1. to ensure the consistency of the Development with the City’8 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 fe-e required by this agreement is paid. L 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 pubiic 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 services sufficient to accommodate the need8 of the Development herein described. .m-~. --- - 2021 - -: 6. All obligatibns hereunder shall terminate in the event the Requests made by Developer are not approved. d 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 aet 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. 8. This agreement shall be binding upon and shall inure to the benefit of, and shall apply to, the respective 8ucce88or8 and assign8 . of Developer and the City, and. references to Developer or City herein shall be deemed to be reference to and include their respective 8ucce88or8 and aSSignS without specific mention of such 8ucce88Ors and assigns. If Developer should cease to have any interest in the Property, all obligation8 of Developer hereunder ahall terminate; I - provided, however, that any successor of Developer’8 interest in the property shall have first assumed in writing the Developer’8 obligations hereunder. 9. This agreement shall be recorded but shall not create a lien . or security interest in the Property. When the obligations of thi,e agreement have been satisfied, City shall record a release. -s- REV 4-2-82 - ,L : , 2022 - ’ IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: CITY OF CARLSBAD, a municiPa1 . corporation of the Timothy C. Swift . t State of California Judith A. Swift . c BY City Manager Owner-Developer (Title) ATTEST: ALETHA L. ,. APPROVED AS TO FORM: VINCENT F. BIONDO, JR., City Attorney , . ^ (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) 1 -6- REV 4-2-82 ---- I 2023 , , EXHIBIT "A" LECAL DESCRIPTION Lot 228 of La Costa South Unit No. 3 in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 6533, filed in the Office of the County Recorder of San Diego County, November 3, 1969. gh J.N. 5719 6-27-84 GENERAL ACKNOWLEDGMENT NO. 201 State of California On this the day of 1984, before me, SS. County of San Diego the undersigned Notary Public, personally appeared Timothy C. Swift and Judith A. Swift , 0 personally known to me H proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) are subscribed to the within instrument, and acknowledged that they executed it. zd officJ..i.; Notary’s Signature 7110 122 NATIONAL NOTARY ASSOCIATION l 23012 Ventura Blvd. l PO. Box 4825 l Woodland Hills. CA 91364