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HomeMy WebLinkAboutMS 739; Frontiera, Albert & Sandy, J. & La Rocca, J. & P.; 86-322105; Public Facilities Fee Agreement/Release* 1627 -Q-322105 .’ RECORDING REQUESTED BY AND ) ,..--- *" .-... WHEN RECORDED NAIL TO: 1 Is’t s.- ?-;;~~ ;! T&i 1 i <lr’~:!~,~I:,,i i.c,r,‘,;.. i j c: : 9 .’ i ‘- [.Li :;:“I,; ., : CITY OF CARLSBAD i 1200 Elm Avenue I 326 JUL 3 1 p}j I: 35 Carlsbad, California 92008 l9i%w.d-- \ RF Signature of declarant determining' tax-firm name City of Carlsbad Parcel No. 156-23-38 AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into tnis 5th day of February , 19 86 Joseph P. Sandy and Albert Frontiera . it .by and between Joseph La Rocca and Parivash La Rocca (name of developer-owner) a partnership , hereinafter referred to as (Corporation, partnershlp, etc.) "Developer" whose address is P. 0. Box 2143, 2892 Jefferson Street (street) Carlsbad, CA 92008 and THE CITY OF (City, state, zip code) CARLSBAD, a municipal corporation of the State of California, nereinafter referred to as "City", WhOSe address is 1200 Elm Avenue, Carl 92008. WITNESSETH WHEREAS, Developer is the owner of the real propert 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: Two lot parcel map approval REV 4-22-86 MJ 73p ‘. . . k 1’ , J . . r: 1628 - . on said Property, which development carries the proposed name of Cynthia Lane lot sDlit and is hereafter referred to as “Development”; and WHEREAS, Developer filed on the day of February , 1986, with the City a request for Approval of Tentative Parcel MaD 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 recognize 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 faciiities and services will be evailable 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. -2- REV 4-2-82 1. Tne 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 or structures to be constructed in the Development pursuant to the Request. Tne fee Shall be paid prior to the issuance of building or other construction permits for tne development and shall be based on the valuation at tnat time. This fee snall 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 tne 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 it cooperative.' The terms "other construction permits"‘, "other construction permit" and 'lentit em&t for use" as used in this agreement, except in reference to mobilehome sites or projects, snail not refer to grading permits or otner permits for the construction of underground or street improvements unless no other permit is necessary vior to tne use or occupancy for which the development is intended. Developer shall pay the City a public facilities fee in the sum of $1;150 for each mobilehome space to be constructed pursuant to the Request. Tne fee shall be paid prior to the issuance of building or otner 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. 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 -3- REV 4-22-86 ._ . , a i 1630 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 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 tne 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 nave 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. r until the public facil'ities fee required by.this agreement is pa.id. 4. City agrees to deposit tne 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 tne Development herein described. 6. All obligations hereunder Shall terminate in tne event tne Requests . made by Developer are not approved. -4- REV 4-22-86 /’ 1631 . 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 beeg designated, postage prepaid and certified. Lt 8. This agreement shall be binding.upon and Shall ensure 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 Shd 1 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 ShaJ 1 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. -5- REV 4-22-86 . “. : .’ -,_ . . 0 1632 IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. CITY OF CARLSBAD, a municipal orporation of the State of California Yose& La Rocca BY Parivash La Rocca BY For F. D. ALE9HIRE, City Manager ATTEST: RA?@,/Ci'ty C&ik APPROVED AS TO FOR * VINCENT F. BIONDO, JR., 8 City Attorney (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) . . . -6- REV 4-2-82 (Individual) STATE OF CALIFORNIA COUNTY OF San Diego I SS. c @ COMMONWEALTH LAND” G TITLE INSURANCE COMPANY on July 18, 1986 beforemeMarie L. Wdqlin a Notary Public in and for said State, pe=ab appe=d Joseph P. Sandy and Albert Frontiera and Joseph La FOxa and Parivash La E&ma------- I I ) c&ddMel (or’proved to me on the basis of satisfactory evidence) to be the personS whose name~ubscribcd to the withk instrument and acknowledged that WeV executed the same. and and official seal. k/l, &--wb-+ Marie L. OFFICIAL SEAL MARIE L. MODGLIN NOTARY PUBLIC _ CALIFORNIA PRINCIPAL OFFICE IN _ SAN D!EGO COUNTY MV klmmission Exp. Dec. 14, 1988 1633 Form 3213 (CA 12-82) . “/ ,’ : 9, ‘-* s _- i. 1634 EXHIBIT "A" LEGAL DESCRIPTION All that portion of the Northwest Quarter of Section 6, Township 12 South, Range 4 West, San Bernardino Base and Meridian, in the City of Carlsbad, County of San Diego, State of California, according to United States Government Survey approved October 25, 1875, being described as follows: Commencing at the Northwest corner of said Section 6; thence South 89* 59'00" East, along the Northerly line of said Section 6, a distance of 1825.67 feet to the TRUE POINT OF BEGINNING; thence continuing along said Northerly line of Section 6, South 89'59'00" East, 121.02 feet; thence South QD"55'OQ" East 334.78 feet to a point, said point being the Northwest corner of property conveyed by the South Coast Land Company to Cline Jones Myers and Ruth Schell Myers by deed recorded April 5, 1930 in Book 1763, Page 89 of Deeds; thence South 89 51'35" West, 121.02; thence l North r)O"55'DD" West 335.11 feet to the TRUE POINT OF SEGINNING. EXCEPTING THEREFROM, that portion lying Northerly of a line being described as follows: Beginning at the Northwest corner of the hereinabove described property, said Northwest corner also being the Northwest corner of land described in deed to the Department of Veterans Affairs of the State of California recorded February 13, 1958 in Book 6947, Page 373 of Official Records; thence alone the Westerly boundary of said Department of Veterans Affairs' land, South 00'55'00" East, 167.55 Feet to the Southwest corner of said land, being also the TRUE POINT OF BEGINNING of the line hereindescribed; thence along the Southerly boundary of said Department'of Veterans Affairs' land, to and along the Southerly boundary of land described in deed to Deryl R. Daugherty, et ux, recorded February 4, 1964 as File No. 21079 of Official Records, North 89'56'17" East 121.00 feet, more or less, to the Southeast corner of said Daugherty's land, and being the terminus of the line hereindescribed.