HomeMy WebLinkAboutMS 735; Grosse, Russell & Mary & Mooney, Herbert & Mary; 86-238659; Public Facilities Fee Agreement/Releaset
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RECORDLNG, REQUESTED BY ND 2365 -.
88-2386~~
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WH'EN RECORDED MAIL TO:
CITY OF CARLSBAD-.
1200 Elm Avenue -
Carlsbad, California 92008 ) 13s; J$.] 13 pjkj
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Signature of declara~determiningF/~1
tax-firm name I
City of Carlsbad -AR &’
, MG /
Parcel No. A03 /f@ /#&is
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILXTIES FEE
THIS AGREEMENT is entered into this 1st day of May
by and between Herbert S. Mooney, Mary S. Mooney, Russell W. Grosse and . .
Mary E. Grosse
a --- , hereinafter referr
"Developer" whose address is
CARLSBAD, a municipal corporation of the State of California,
hereinafter referred to as "City", whose add'ress is 1200 Elm Avenue,
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, which development carries the proposed name of
RUSSELL W, GROSSE, INC,
and is heretiter referred to as “Development”; and
WHEREAS, Developer filed on the 19 day of MAY ,
1986 , with the City a request for TWO CONDOMINIUM UNITS
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
WHRREAS, Developer and City recognize the correctness of Council
Policy No. 17, dated April 22, 1986, 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, THEREFORL, in consideration of the r.;itals 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 2.5% of the building permit valuation of the
building dr structures to be constructed in the Development pursuant
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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 *of existing building or structures
into condominiums in an amount not to exceed 2.5% of the building
permit valuation at the time of conversion. The fee for a
c‘ondominium conversion shall be paid prior to the issuance of a
condominium conversion-permit as prpvided 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 intende.d. 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 0-r 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 w
upon in Paragraph 1 above. If Developer offers to donate a site or
site6 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 I8 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 th+ 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 a6 evidence of adequate public facilities and 6ervices
eufficient to accommodate the need6 of the Development<herein
described,
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6. All obligatior- herezn’der shall terminateAn the event the . )
Requests made by Developer are not approved.
7. Any not.ize 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 authorised 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, CaliTornil as of the date first written above.
DEVELOPER-OWNER:
14-h bud--L=. /ckQ-mac.J Herbert S. Mooney - Owner
BY 7-m w #. Mary S. rd ooney, Attorney-in-*act
CITY OF CARLSBAD, a municipal
corporation of the
State of California
BY
Crty Manager
’ _
t Mary E.&ros& - Owner
‘j .
ATTEST:
/
ALE- L. RAWNKWZ, Cwy
APPROVED AS TO F,&&#&ED Asto c”OR)d: I
I, VINCENT F. --^---- s- I , BLUNUU, JK.,
City Attorney
‘ ’
(Notarial acknowledgement of execution by DEVELOPER-OWNER must be
attached.) ” ,
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personally known to me or
: proved to me on the basis’of satisfactory evidence to be
!i the persod- whose names ti subscribed to the
1
within instrument and acknowledged that exe-
cuted the same.
WITNESS my hand and official seal.
I
Signature -z! d!dw) \
CAT. NO. NN90927 TO 1944 CA (9-84) b 237 ’ fl TICOR TITLE INSURANCE
(Individual)
STATE OF CALIFORNIA
COUNTY OF ss.
t
3
-__. _-
DOIORFS F WAI VFD
(This area for official notarial seal)
-A OFFICTA:. SEAT.
NOTARY PUBLIC -‘iii.&-&IA
SAN DIFGU COUNTY
expires MRR 31, 1989
.-
CAT. NO. NNO0631
TO 1947 CA (l-83) TICOR TITLE INSURANCE
(Attorney in Fact-Individual)
STATE OF CALIFORNIA *
t
COUNTY OF AAQ@ ss.
On *+ 8,14Pd before me, the undersigned, a Notary Public in and for
Y said State, personally appeared +d.rn~ I personally known to me or proved to me on the basis of satisfactorv evidence to be the Person whose name
3 the within instrument as & subscribed t
2 the Attorney -in fact of / JtAbd. s,
Ii J
1
L WITNESS my hand and official seal.
Signature
- CALfFORNlA
DI”co CQ!j.Nn MY Comffl. eXph MAR 31, 1989 i' ;,tc, i ,d
(This area for official notarial seal)
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- . L.&w’ 2372
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EXAIBIT "A"
LEGAL DESCRIPTION
Lots 19 and 20 in Block "A" of the Hayes Land Company Addition to Carlsbad, Map No. 2 in the City of Carlsbad, in the County of San Diego, State of
California according to Map thereof No. 1221, filed in the Office of the
County Recorder of San Diego County, 4 November 1909.