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HomeMy WebLinkAboutMS 745; Elias, Miguel; 87-086806; Public Facilities Fee Agreement/Release‘ RECORDING REQUESTED BY AND :'WHEN RECORDED MAIL TO: 3J 598 n7 086806 I --??ECoi?CX$l~-1 I, ,oFFKlAL RtCQHfl)? i i iii SAN IlliN COliH I Y. ii *‘. L CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, California 92008 ) Space above this line fo-ecorder's use Documentary transfer tax:cB Signature of declarant determining tax-firm name City of Carlsbad Parcel No. 207-150-29 AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 12 day of January , 1987 by and between Miguel A. Elias (name of developer-owner) a , hereinafter referred to as (Corporation, partnership, etc.) "Developer" WhOSe address is 2942 HyrFey~ St. Carlsbad CA. 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 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: Minor Subdivision for two condominium units REV 4-22-86 - R’ VJ 599 d . : on said Property, Which development carries the proposed name of and is hereafter referred to as "Development"; and WHEREAS, Developer filed on the \Y day of January , 1987 ) With the City a request for +oc -5&d, ’ Vls/br 6,)- I -/-WC3 Coh,dopn (ulc/r\ [/ IQ+ 3. 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 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 tnat 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. NOW, THEREFORE, in consideration of the recitals and tne covenants contained herein, the parties agree as follows: -2- REV 4-22-86 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. Tne 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. Tne 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 permits", "other construction permit" and "entitlement for use" as used in this agreement, except in reference to mobilehome sites or projects, wall not refer to grading permits or otner permits for tne construction of underground or street improvements unless no Other permit iS necessary prior t0 the 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 mobilenome space to be constructed pursuant to the Request. Tne fee snall 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. 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 Paragrapn 1 above. If Developer offers to donate a site or sites for public -3- REV 4-22-86 1 3 UJ 601 facilities, the City shall consider, but is not obligated to accept the offer. Tne time for donation and amount of credit against the fee Shall be determined by City prior to tne issuance of any building or other permits. SUCh determination, when made, shall become a part of this agreement. Sites donated under this paragraph snall 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 tne consistency of the Development with the City's General Plan. If tne fee is not paid as provided herein, tne 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 until tne 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 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 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. 6. All obligations nereunder 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 snail 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, 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 tne address as may have been designated, postage prepaid and certified. 8. This agreement shall be binding upon and Shall ensure to the benefit of, and snall apply to, the respective successors and assigns of Developer and the City, and references to Developer or City nerein shall be deemed to be reference to and include tneir respective successors and assigns witnout specific mention of such successors and assigns. If Developer should cease to have any interest in the Property, all obligations of Developer nereunder 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 nave been satisfied, City Shall record a release. -5- REV 4-22-86 IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: Miguel A. Elias BY L------- 1 (Title) BY CITY OF CARLSBAD, a municipal corporation of the State of California BY City Manager <Title) ATTEST: APPl?r)W?-l AS TO FORM: APPROVED AS TO FOR#: “IN T F. BIONDO, JR., CITY ATTORNEY BY Q Q)@Qx 2.5~8% RONALD R. BALL 1 VIfdct~T h BIoN30 City Attokney ' JR 03 c ’ (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) , -6- REV 4-22-86 --.__- __--_~---_...-~_-~ ___--. STATE OF CALIFORNIA COUNTY OF Zan Diego I ss.f;;i- 694 On January 8, 1987 ’ before me, the undersigned, a Notary Public in and for said State, personally appeared Miauel Elias personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is subscribed to the within Instrument and acknowledged that he executed the same. WITNESS my hand and official seal. (Seal 1 OFFICIAL SEAL Y M. MARTINEZ O-Y.;i;i PUBLIC-CALIFORNIA SAN DIEGO COIJNTY iNotary Public’s Signature) 023200 s-32* 25 PS Individual Notarial Acknowledgment . __ ._ .--.. . r . r) 1 _* . .- : I ‘, . L -cr y.. 635 EXHIBIT "A" LEGAL DESCRIPTION All of lot 45 of SHELTER COVE, in the City of Carlsbad, County of San Diego, State of California, according to official plat thereof, Map NO. 5162, recorded in the office of the County Recorder of San Diego County, April 23, 1963. Excepting all the oil, gas, mineral and other hydrocarbon substances lying below a depth of 500 feet from the surface of said land, without however the right of surface entry.