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 ) ,..--- *" .-...
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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
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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.
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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
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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.
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. 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.
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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.)
.
.
.
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(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
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Form 3213 (CA 12-82)
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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.