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HomeMy WebLinkAboutMS 736; Mellgren, Leonard, Sally, Pat, and Florence; 86-298180; Public Facilities Fee Agreement/Release. 0 703 - " 'RECORDING REQUESTED BY AND ) 86r298i80 . c - - WHEN RECORDED MAIL TO: 1 I .- -...I m..,... ;itCGx;f:D It: ; (y-fY;cIj+$'; ~,ZCf~~~,'.~ CITY OF CARLSBAD 1 fJF S&h ljlf[ic 1;~~1;H~ f, 'k f 1200 Elm Avenue Carlsbad, California 92008 1985 Jul. 18 Ai II: 3:! I VFRA L. I Space above this line for Recorder's k&?uNTYRE""~ . . tr,&QQ- YL . Signature of declarant determining tax-firm name City of Carlsbad Parcel No. - - AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 10 day of April ,1936 r .by and between Leonard P. Mellgren, G. M..Sally Mellgren, P'at L. Mellgren and Florence L. Mellmen (name ot developer-owner) a SM, 'SW G HWJT as joint tenants , hereinafter ref (Corporation, partnership, etc.) "Developer" Whose address is 3289 Westwood Drive (street) Carlsbad, CA 92008 (City, state, zip code) CARLSBAD., a municipal corporation of the State of California, hereinafter referred to as "City", whose address is 1200 Elm Avenue, Carlsbad, California, 92008. W ITNESSETH: 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: 3 lots Parcel Man REV 4-22-86 MS 736 ., '1 I - , . on said Property, which development carries the proposed name of Minor Subdivision No. /pm and is hereafter referred to as "Development"; and WHEREAS, Developer filed on the day of 9 19 86 , with the City.a request for Minor Subdivision No. PUD/ 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 avail able 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, dated April 22, 1986, on 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 poposed; 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. NOW, THEREFORE, in consideration of the recitals and the covenants contained herein, tne parties agree as follows: -2- REV 4-22-86 . 0 -m 1. Tne Developer Shall pay to the City a public facilities fee in an amount not to exceed 2.5% of tne 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 tnat 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 tne 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.' it 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, snall not refer to grading permits or other permits for tne construction of underground or street improvements unless no Other permit iS necessary prior to tne use or occupancy for which the development is intended. Developer Shall pay the City a public facilities fee in tne sum of $1;150 for ‘each mobilehome space to be constructed pursuant to the Request. Tne fee shall be paid prior to tne issuance of building or other construction permits for the development. Tnis fee shall be in addition to any fees, dedications or improvements required according to Titles 18, 20 or 21 of the Carlsbad. Municipa 1 Code. 2. The Deve loper may offer to donate a s ite or sites for public facilities in lieu of all or part of tne financial obligation agreed upon in karagraph 1 above. If Developer offers to donate a site or sites for public -3- REV 4-22-86 facilities, the City snail 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 tnis 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 tne funds to provide public facilities and services, and the development will not be consistent with tne General Plan and any approval or permit for the Development Shall be void. No building or otner construction permit or entitlement for use shall be issued. Lt 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 tne financing of public facilities when the City Council determines the need exists to provide tne facilities and sufficient funds from tne payment of this and similar public facilities fees are available. 5. City agrees to provide upon request reasonable assurances to enable Developer to comply witn any requirements of other public agencies as evidence of adequate public facilities and services sufficient to accommodate tne needs of the Development herein described. 6. All obligations hereunder Shall terminate in the event the Requests . made by Developer are not approved. -4- REV 4-22-86 7. Any notice from one party to the other shall be in writing, and shall be dated and -signed by tne 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, tidressed 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. ct 8. 'This agreement snall be binding upon and snall ensure to the benefit of, and Wall ‘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 snall be recorded but Shall not create a lien or security interest in the Property. When the obligations of this agreement have been satisfied, City snall record a release, -5 REV 4-22-86 .‘ ’ . I * 4) ,i *o-- 708 IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: an Pat L. and Flo ellgren, ( ~jtrtw~ name 1 husband and wife CITY OF CARLSBAD, a municipal corporation of the State of California Communiky Developmenk Dhector For F?U'>NK D. ALESHIRE City Manager VINCENT F. BIONDO, JR., City Attorney < (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) * ,- . . . , REV 4-2-82 -6- - 4 STATE OF CALIFORNIA (j 709 SAN DIEGO (Individual) ss. COUNTY %RIL 16 1986 before me, the undersigned, a Notary Public in and for said State *P~ONARD P. ~ELLGREN, AND PAT L. MELLGREN* * * * * * * * * * * * * * * $**W ersonall agpezred E F 0 oersonallv known to me M oroved to me on the basis of satisfactorv Y 2 evidence to be the person(s) whose name(s) -subscribe; f I to this instrument and acknowledged thatthbexecuted the same. FORM Zll(RW 6/82) GENERAL AC OWLEDGMENT NO. 201 personally known to me to be the person(s) whose name(s) hand and offici 7110 122 NATIONAL NOTARY ASSOCIATION l 23Ol2 Ventura Blvd. l PO. Box 4625 l Woodhd Hill% CA 91364 ‘4 ‘* . .L , : & 710 - EXHIBIT "A" * LEGAL DESCRIPTION Lot 2 in Block A of BELLA VISTA, and the Westerly fifty feet of Lot 3 in Block A of BELLA VISTA, measured at right angles to the Westerly line thereof, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 2152.