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HomeMy WebLinkAboutMS 664; Engberg, Lucille; 84-292095; Public Facilities Fee Agreement/Release. I . 1 - 2064 ~'R!ECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: 1 fi’i:-Jf;~~i-“Q fN 0FFiCt~l f+s;nf,r.s Of CAN altGi+J CIj!J!jT y, i:$, CITY OF CARLSRAD 1200 elm Avenue Carlsbad, California Documentary transfer. tax: $ No f.ee . 2-.heLJ NC) FEE - - -. -. Signature of declarant determrnrng d tax-firm name _ City of Carlsbad Parcel No. A!%-230-54 AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 22 day of June by and between Ltmille L. Engberg (name of developer-owner) . an individual , hereina,fter referred to' as (Corpora.tlo.n, partnership, etc..) _ . . . . . "Developer" whose‘address is 1270 Knowles Ave.' : (street) Carlsbad, CJal1fornl.a g2008 and 'kYE CITY OF (City, state, zip code) CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City", whose Carlsbad, California, 92008. WITNESSETH: .' WHEREAS, Developer is the owner of the real property described l oh Exhibit "A:, att'ached 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 development project as follows: minor subdivision REV 4-2-82 iv., 664 * . :- 2065 +rjn said Property, which development carries the proposed name of Engberg lot split and is hereafter referred to as "Development"; and WHEREAS, Developer filed on the 22nd day of June , - . 1984 , with the City a request for' approval of a minor subdlvJ.slon . tentativh parcel map . hereinafter referred to as'"Request"; and . WHEREAS, the Public Facilities Element of the City General Plan requires that the City Council find that all publ'ic 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, datqd.April 2, 1982, in file with the Cit;Clerk and, incorporited'by this *reference, and that the Cit,y's public facilities . , ~ and service's are at capacity and will not.be av'eilable to accommodate the additional neeh for public f,acilities 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 General- Plan as implemented by Counci'l Policy No. 17 by payment of a public facilities fee. -2- REV 4-2-82 . . 2066 : NOW, THEREFORE, in consideration of the recitals and the covenants contained herein, the parties agree as follows: 1. The Developer shall pay to the City a public’facil,ities fee in an amount not to exceed 2% of the building permit valuation of the building or structures to be. constru’cted 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, dedication8 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 val.uation et 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. Condominium Shall. include community 7 . . apa.rtment or stock cooperative. The terms "other construction permit 8”) "other constructio$ permit" and~"ehtitlem.ent for use!' as . used in this agree.ment ,, except in reference to mobi‘lehome 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 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 Re.quest. The fee Shall be Raid prior to the issuance- of building or other construction permit.8 for the development. This fee shall be in addition to any fees, dedication8 . or improvements required according to Titles 18, 20 or 21 of the Carlsbad Municipal Code. -3- REV 4-2-82 *. - ,‘!” 2067 r . - 2. The Developer may offer to donate a site or sites for public facilities in lieu. of all or part of the financial obligatio’n 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 t’ime for dona-tion and amount of credit against the fe,e shall-be determined by Citl 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 Title8 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 pr.o.vide public facil.ities and services,, and the development will not be con’sistent with the General Plan and any t approval or permit for the Development shall be void. No .building or - other.coustruction permit or entitlement for use shall be issued . . until the public facilities fee required by thie 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 assur~fes to . .< - enable Developer ‘to comply with any requirements of other publk,: agencies as evidence of adequate public facilities and services sufficient to accommodate the .needs of the Development here-in described. -40 . ~ .‘. :r 2068 I - : - ‘6. All obligation8 hereunder shall terminate in the event the Request8 made by Developer are not approved. 7. Any notice from one party to the other shall be in writing, 9 and shall be dated and signed by the party giving such notice or by a duly authorised representative of such party. Any such notice shall not be effe-ctive for any purpose whatsoever unless served in one of - . the following mannlrs: 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 i:s given to Developer by personal delivery thereof to Developer or by depositing the same in the United State-s Mail, enclosed in a. sealed .envelope, addressed to Developer at the - address as may have been ‘de’si*gnat,ed*, postage prepaid and cer.tified.’ ’ ? . . 8. This agreement shall be binding upon ‘and shall .inure to the . -3 benefit of, and shall apply to, theyrespective successor8 and assign8 of Developer and the City, and references to Developer or City herein shall be deemed to be reference to anh 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 obligation8 of Developer hereunder shall terminate; * - provided, however, that any successor of Developer’8 interest in the property .sh.all have firq; assumed in writi,ng the Developer’8 .. .i obligation8 hereunder.. i 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. L, -50 REV 4-2-82 IN WITNESS WHEREOF, this agreement is executed in San Diego County, California 88 of t)e date first written above. DEVELOPER-OWNER: CI.TY.OF CARLSBAD, a municipal corporation of the State of California Lucille EEngberg - (name) . Owner (Title) . BY -(Title) ATTEST: . - . . . -ALETHA &. . . . APPROVED AS TO FOR VINCENT F. BIONDO, JR., , City Attorney . <(Notarial acknowledgement of execution by DEVELOPER-OWNER must be .attached.) . . . . * REV 4-2-82 -60 EXHIBIT "A" LEGAL DESCRIPTION . . That portion of the Northwest Quarter of ,Section 6, Towriship '12 South, Range 4 West, San Bernardino Base and Meridian, in the County of San Diegd, State of California, bounded by a line described as follows, to-wit: Commencing at the Northwest corner of said Section 6; thence along the Northerly boundary Line of said Section 6, South 89' 59' East a distance of 1825.67 feet to a point; thence South 0' 55' East a distance of 335.11 feet to the TRUE' POINT OF BEGINNING; thence North 89“ 51'35" East a distance of 121.01 feet to a point; thence South O0 55' East a distance of 334.77 feet to a point; thence South 89 42'15" West a distance of 121.01 feet 'to a point; thence North 'O*55' West a distance of 335.10 feet to the.TRUE POINT OF BEGINNING. . 6/15/84 . .ENGBERG * . - . . . ' . STATE OF CALIFO NIA COUNTY OF 5 1 an Diego ) ss. ) On June 25,1984 , before me, the undersigned, a Notary Public in and for said State, personally appeared LuCiJJ& L. &g&r!2 personally known to me (or proved to me on the basis of satisfactory evidence) to be the person@) whose name(x) is/awsubscribed to the within instrument and acknowledged to me that &e&ha executed the same. WITNESS my hand and official seal. n SF-4234 (REV A 7/W) (CA) (INDIVIDUAL) (This area for official notarial seal)