HomeMy WebLinkAboutMS 757; Buena Properties; 88-011417; Public Facilities Fee Agreement/Release. ‘r
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'WHEN RECORDED M4IL TO:
CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, California 92008 )
. 942
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Document ary transfer tax: a
Signature of declarant determining
tax-firm name
City of Carlsbad
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JF 7
AR 7, ,NIA
Parcel No.
AGREEMENT BETWEEN OWNER, OEVELOPER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this Tdday of P&&.+,&J, 1981
by and between
(Name of Developer)
a , hereinafter referred to as (Corporation,
"Developer" whose address is S360 (Street)
lIzhaf7d. cg t&O& (City, State, Zip Code)
and
a , hereinafter referred to as
"Owner" Whose address is ~336mw~qE s/";-
(Street) cAc
(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.
f35 757
RECITALS
WHEREAS, Owner is the owner of the real property described on
Exhibit "A"* l , attached to 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 has contracted with Owner to purchase the Property
and proposes a development project as follows: rse - /tf /3crrcC/ map
on said Property, which development carries the proposed name of
and is hereinafter referred to as "Development"; and
WHEREAS, Developer filed on the 3
19r7, With the City a request for
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, Owner and City recognize tne correctness of Council
pplicy 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
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REV 4-22-86
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WHEREAS, Developer and Owner have 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 and Owner are aware
that the City cannot and will not be able to make any such findings Without
financial assistance to pay for such services and facilities; and therefore,
Developer and Owner propose 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:
1. The Developer and Owner
fee in an amount not to
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 in addition to any fees, dedications or
improvements required pursuant to Titles 18, 20 or 21 of the Carlsbad Municipal
Code. Developer and Owner shall pay a fee for
or structures into condominiums in an amount not to exce
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 mobilehome 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 and Owner
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REV 4-22-86
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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. 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 and Owner 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 and Owner offers to donate a site or sites
for public 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 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 tne
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.
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5. City agrees to provide upon request reasonable assurances to enable
Developer and Owner 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.
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 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, Owner and the City, and references to Developer, Owner 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.
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At such time as Owner ceases to have any interest in the Property, all
obligations of Owner hereunder shall terminate; provided, however, that if any
successor to the Owner's interest in the Property is a stranger to this
agreement, such successor has first assumed the obligations of owner in writing
in a form acceptable to City.
9. This agreement shall 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.
,
IN WITNESS WHEREOF, this agreement is
California as-of the date first written above.
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OWNER: \77'7. yy/t&(i!d DEVELOPER:
BY
"# BY
I TITLE
,
ATTEST: CITY OF CARLSBAD, a municipal
*
Director
APPROVED AS TO F. BIONDO, JR., CITY ATTORNEY
T b BIONDO JR
City Attoiney ' l '
RON,:LD R. BALL
(Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.)
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(Partnership)
STATE OF CALIFORNIA
San Diego ss. COUNTY OF-v- April 21, 1987
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before me, the undersigned. a Notary Public in and for said State, personally appeared Juanita M. Rhod'es & Theodore L. Rhodes, Jr. and Larry F. Frum and Evelyn L. Ruin and
z Jr.
ii personally known to me (or proved to me on the basis of satisfactory evidence)
!Y L to he all of the partners of the partnership
ii that executed the within instrument, and acknowledged to me that such partnership executed the same.
I WITNESS my hand and official seal. ,‘- + Signature ~~~(/f&&-+
n /?f 1
: Marty Aggten V
Name (Typed or Printed)
FSD-090 (Thlt an. tw o(lcld notarial ~sali
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EXHIBIT “A”
LEGAL MSCR IPTION
Farce1 2 of Farce1 Iwp X0. 6033, in the Ci-cy of Carl.sbad, County of Sar; Diego, Stare of California, acccr5ir-q tc i,iaq thereof
filed in ~;he Office of de County Recorder> of Szn biego COUPT;~, June 8, 1977, beir.g a division, of a -portion of T;he LorT;heasr; iSmarTer of r,he l:orT;hwesr, ~',u.arter of geezion 6, 'I'owmhip 12 gou.T;h, Range 4 West, San Bescasdino Lie rid&r., accor6in.g T;O il'fficial 1,la-c thereof.