HomeMy WebLinkAboutMS 751; Musser, Kurt & Sherry; 87-507759; Public Facilities Fee Agreement/Release* . e L.-s
*I .*. L- _
* I
J 723 I RECORDING REQUESTED BY AND ) . '. ! WHEN RECORDED MAIL TO: 1
1
-
CITY OF CARLSBAD
1200 Elm Avenue TY SEP -8 AM 11: 42
Carlsbad, California 92008 ) VFXA L. Lyl E
l- f‘pl"'J y (*i"f‘fi';cf i, J
Space above this line for Recorder's us6 / -
.v*ansfer ta:
Signature of declarant determining
tax-firm name
City of Carlsbad
Parcel No. G&w- 6du -&?gL
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this /7@ day of JULY , 1987
by and between
(name of developer-owner)
a . OWNEQ , hereinafter referred to as
(Corporation, bartnershlp, etc.)
"Developer" whose address is 3zsz ge$fd4m L2Lz.
C&dSR/30 / c%%ew# , 9zocg3 and THE CITY OF
(City, state, zip code)
CARLSBAD, a municipal corporation of the State of California, hereinafter
referred to as "City", whose address is 1200 Elm Avenue, Carlsbad, California,
92008.
WITNESSETk
WHEREAS, Developer is the owner of the real property described on
Exhibit "A". l 9 attached hereto and made a part of this agreement, hereinafter
referred to as "Property"; and
WHEREAS, The Property lies within the boundaries of City; and
WHEREAS, Oeveloper proposes a development project as follows:
REV 4-22-86
on said Property,,which development carries the proposed name of
LOT S/afi- /rjzsz 4k+M#MO QC
and is hereafter referred to as "Development"; and
WHEREAS, Developer filed on the /TTY day of &.+$-'
1987 , With the City a request for KJ 107 s-0+
,
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 add itional need for pub
facilities and services resulting from the proposed Development; and
lit
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.
NOW, THEREFORE, in consideration of the recitals and the covenants
contained herein, the parties agree as follows:
-2-
REV 4-22-86
J 725 . . -
1. The Develo er shall pfsqto the
f-B-
City a public facilities fee in an
8 /2-
amount not to exceed .5 f the 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 that time. This fee
shall be i’n 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 buildvg or
\ czGOD structures into condominiums in
Ta an amount not to exceed 3. 9 o the 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. The terms “other construction permits”, “other
construction permit” and “entitlement for use” as used in this agreement,
except in reference to mobile home 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 intended. Developer shall pay the City a public
facilities fee in the sum of $1,150 for each mobile home 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 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
df9 -3-
4
,%<
f?i-
REV 7-28-87
: -4.
J 726
facilities, the City shall consider, but is not obligated to accept the offer.
The time for donation and mount 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
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 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 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 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
J 727
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 Sewed 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 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 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 Shall record a release.
-5-
REV 4-22-86
.
. .
--
J 728 -
IN WITNESS WHEREOF, this agreement is executed in San Diego County,
California as of the date first written above.
DEVELOPER-OWNER: CITY OF CARLSBAD, a municipal
corporation of the
State of California
[name)
BY BY
Q,k/x/rc/7 (Title)
BY
(Title)
ATTEST: .
’ ,
4 .
i APPROVED AS TO FORM:
.
City Attorney -
(Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.)
-6-
REV 4-22-86
STATE OF CALIFORNIA ss.3 729 COUNTY OF SAN DIEGO
On this /7'day Of &/ii , 19 97 , before rne-~~-
- I7 Dve&zd A, & &mLJ personally appeared
4 -f a I/.e;r/ 3-1 *7&f& &, Jersonally known to me (or I
proved to me on the basis of satisfactory evidence) to be the
person whose name is subscribed to this instrument, and
acknowledged that he (she or they) executed it. V ,'
Ah, d-J-Q
(signature of notary)
STATE OF CALIFORNIA ss. I COUNTY OF SAN DIEGO
On this 28 /7 day of % I 19 8'7 , before me l A
47 / / bu/e#cf=/ .a h a4iJ*J personally appeared
K LlVf PI us5qf I personally known to me (or
proved to me on the basis of satisfactory evidence) to be the
person whose name is subscribed to this instrument, and
acknowledged that he (she or they) executed it. ., :
-.. _ _ -. - .~. ._
. .
. ” .
--.
-__
J 730 . --
. &L 5 l--f- 9 ”
LEGAL DESCRIPTION
a-
_
THAT PORTION OF TRACT 123 OF CARLSBAD LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF
NO. 1661, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, MARCH 1, 1915, BOUNDED BY A LINE DESCRIBED AS FOLLOWS: TO-
WIT:
BEGINNING AT A POINT ON THE CENTER LINE OF HIGHLAND STREET, DISTANT
THEREON SOUTH 24'33' EAST 125.33 FEET FROM THE INTERSECTION OF THE
SOUTHWESTERLY PROLONGATION OF THE NORTHWESTERLY LINE OF SAID TRACT
123 AND SAID CENTER LINE OF HIGHLAND STREET; THENCE SOUTH 24'33‘ EAST
ALONG SAID CENTER LINE OF HIGHLAND STREET, A DISTANCE OF 62.67 FEET TO A POINT: THENCE NORTH 55'27' EAST, A DISTANCE OF 441.22 FEET TO A
POINT A LINE DRAWN PARALLEL WITH AND DISTANT 451.97 FEET AT RIGHT ANGLES SOUTHWESTERLY FROM THE CENTER LINE OF VALLEY STREET: THENCE NORTH 34'33' WEST'ALONG SAID PARALLEL LINE, A DISTANCE OF 61.72 FEET TO A POINT: THENCE SOUTH 55'27' WEST, A DISTANCE OF 430.25 FEET TO
THE POINT OF BEGINNING.