HomeMy WebLinkAboutMS 715; Ostling, Stan & Jacqueline; 85-411923; Public Facilities Fee Agreement/Release1.
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* RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
CITY OF CARLSRAD
1200 Elm Avenue > yI$yJ NO'! - 1 WI 2: o"o
tax-firm name
City of Carlsbad
ermining
Parcel No. &QL--.zb- -2/
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSRAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this 27day of
by and between Stan F. and Jacqueline Ostling
Husband and Wife
(name of developer-owner)
a , hereinafter referred to as
(Corporation, partnership, etc.)
"Developer" whose address is 1321 Tamarack Ave
(street)
Carlsbad, Calif. 92008
(City, state, zip code)
and THE CITY OF
CARLSBAD, a municipal corporation of the State of California,
hereinafter referred to as "City", whose address
Carlsbad, California, 92008.
WITNESSETH:
WHEREAS, Developer is the owner of the real property described
on Exhibit "A:, attached hereto and made a part of this agreement,
hereinafter referred to as "Property"; and
WHEREAS, The Property lies within the boundaries of City; and
WHEREAS, Developer proposes a development project as follows:
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on said Property, whicn development carries the proposed name of
and is hereafter referred to as “Development”; and
WHEREAS, Developer filed on the 27 day of ~B@*&u ,
19 q$-3- with the City a request for
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 faciiities
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, 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 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
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
perm'its", "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 agr,eement 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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1 5: All obligati, 3 hereunder shall terminal l. 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 JJnited 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.
DEVELOPER-OWNER: CITY OF CARLSBAD, a municipal
corporation of the
State of California
.incr - Jacaueline Ostlins Stan F. Ostl _,
K-K BY
City Manager
b BY (I&.&,& /)&QLL T I/’
9’ /
Owner (Trtle)
ATTEST:
APPROVED AS TO FORM:
VINCENT F. BIONDO, JR.,
City Attorney
$, (Notarial acknowledgement of execution by DEVELOPER-OWNER must be
attached.)
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(IndividuaI)
STATE OF CALIFORNIA
ss. c
COUNTY OF C+&&Jgj&nianr. b”
On September 27,1985 ,before me, the undersigned, a Notary Public in and for said
State, personally appeared Stan F. Ostling and Jacqueline Ostling
((I: proved to me on the basis of satisfactory evidence), to be
the person ’ whose name-subscribed
to the within instrument and acknowledged that they
executed the same.
LE.76 (7/82)
I
NOTARY PuBi&* cALwoRMlA PRWREAll~$$
My CommiMn-lxp. Aug. 5, 191
(Thb m fw offkid lotatid al)
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EXHIBIT "A"
LEGAL DESCRIPTION
.
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That portion of Tract 242 of Thum Lands in the City of Carlsbad; County of-San- Diego, State of California, as shown on Map No. 1681, fifed in the Office of the County Recorder of San Diego County, December 9, 1915, bounded by a line described as follows:
Commencing at the point of intersection of the center lines of Tamarack Avenue and Highland Street; thence along the said center line of Tamarack Avenue South
61"21' West a distance of 352.2 feet to the Point Of Begining; said point being the most Northerly corner of the land conveyed to Howard B. Dilkes and Xathryn
R-. Dilkes, husband and wife, in deed recorded in Book 1333, page 61 of Official Records, San Diego County; thence South 28"39' East along the Easterly line of
said land conveyed to Dilkes 389.86 feet to a corner in said Dilkes land; thence North 61°21' East along a Northerly line of said Dilkes land a distance of 83.8 feet to a corner; thence North 28"39' West a distance of 389.86 feet, more or
less, to a point in the center line of Tamarack Avenue ; thence along said center line of Tamarack Avenue .South 61"21' West a distance of 83.8 feet to the Point
Of Beginning.
Excepting from the above described property the Southeast 107.5 feet thereof.
Also excepting therefrom the 30.00 feet dedicated for Tamarack Avenue.
agc/TAF