HomeMy WebLinkAboutMS 706; Kouns, Bennard & Patricia; 85-375402; Public Facilities Fee Agreement/Releasehereinaf:er referred to
Carlsbad, California, 92
as "
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City", whose add
TNESSETH:
e,
WHEREAS, Developer is the owner of the re
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
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85=3F402
- RECO-RDING REQDESTED BY AND ., WHEN RECORDED MAIL TO:
> r RECORDE:D IN- 1s I Q~F’WIL RECOcfi\-;, OF SAN DI$eGC ONH I ‘1. LA i i
CITY OF CARLSBPD
1200 Elm Avenue 156$ [I1 - CI*. CI fin
Carlsbad, California 92008 ) . I
OCT -9 YDvl 2: Ub r . . \
1 iii
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3T1\a
Space abo& Recorder's use
Documentary transfer
Signature of declarant determining
tax-firm name'
City of Carlsbad
Parcel No. \56- \\CI - 23
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this /l day of &7%/L , 196%.
by and between tihrrup*o F\. kcO"NS A-9 fPc-r~'ClA M, k&u-S.
~uS0ArD 4b-yo W(l=O acs C5OIN-r --i-E_IC.P-Ts
(name of developer-owner)
a Xi-ck\uid,,i , hereinafter referred to as
(Corporation, partnership, etc.)
"Developer" whose address is S'qOl SrcAcecrs7 Ll".
(street)
U v~7l-L7oN Be#Uu c2A 9r-dYG, and THE CITY OF
(City, state, zip code)
CARLSBAD, a municipal corporation of the State of California,
WHEREAS, Developer proposes a development project as follows:
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, ‘. d e L -477
d s on said Property, whicn development carries the proposed name of
I.
and is hereafter referred to as “Development”; and
WHEREAS, Developer filed on the /z day of &vk
19@-Y-- with the City a request for A P/NOR Sdff a f dLJld/d
hereinafter 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
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 recognise 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 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
General Plan as implemented by Council Policy No. 17 by payment of a
public facilities fee.
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NOW, THEREFO'RE, n consideration of the re ials and the
covenants contained herein, the parties agree as follows:
1. Th&.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
io 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
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
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 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 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. 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 adequate public facilities and services
sufficient to accommodate the needs of the Development herein
described.
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I - . 6. All qbligatic j hereunder shall terminat 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. .-.. ”
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 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 Developer’s interest in the
property shall have first assumed in writing the Developer’s
obligations hereunder.
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 WHEREOF, this agreement is executed in San Diego
--. County, California as of the date first written above.
L DEVELOPER-OWNER: c
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CITY OF CARLSBAD, a municipal
corporation of the
State of California
(name>
BY
(Title)
BY
BY
&j!ty Manager
ATTEST:
APPROVED AS T
VINCENT F. BIONDO, JR.,
City Attorney
(Notarial acknowledgement of execution by DEVELOPER-OWNER must be
attached.)
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EXHIBIT "A"
LEGAL DESCRIPTION
The Easterly 2 acres of the Westerly 3 acres OP that portion of the Southeast Quarter of. the Southwest Quarter of Section 31, Township 11 South, Range 4 West, San Bernardino Base and Keridian, in the City of Carlsbad, County oP San Diego, State of CaliPornia, according to United States Government Survey approved December 27, 1870, described a6 follows:
Beginning at a point in the Quarter Section line, distant North 00 02'00" West 814.85 feet from the Southeast corner of the Southwest Quarter oP said Section 31, Township 11 South, Range 4 tiest, as shown on the Map oP Laguna Mesa Tract No. 1719 records of San Diego County, which point is the Northeast corner of the land conveyed by Olive R. Craig and Chester A. Craig LO Benjamin A. Frantz, e'c al, by Deea recorded in Book 1770, page 331 of Deeds; thence continuing along said Quarter Section line fiorth 00'02'00" ?iest 329.53 feet to a point which is the Southeast corner of Lot 1 CEDAK HILLS ADDITION as shown on Kap No. 532, filed April 25, 1888; thence n'orth 8g”59’00” West along the South line of said CEDAR HILLS ADDITION, 660.00 feet to a point; thence South OO"02'OO" East 329.53 feet to a point which is the Northwest corner $f said land of Benjamin A. Frantz, et al; thence South 89 59'00" East along the lVorth line of said land of Benjamin A. Frantz, et al, 660.00 feet to the Eoint of Beginning.
EXCEFTING the East 167.38 feet of said E&terly 2 acres oP the Westerly 3 acres above described.
STATE OF CALIFORNIA
A/e ss.
COUNTY OF o&d
Ofl before me, the undersigned, a Notary Public in and for said State, personally appeared
personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) /9&c
subscribed to the within Instrument and acknowledged that Mr\/ executed the same.
WITNESS my hand and official seal.
(Seal)
023200 9-a2* 23 PS Individual Notarial Acknowledgment