HomeMy WebLinkAboutMS 776; Dawson, Mildred and Roger; 88-352966; Public Facilities Fee Agreement/Release.
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CITY 8F CARLSBAD CITY 8F CARLSBAD
1200 Elm Avenue 1200 Elm Avenue ; y=“f) I’?! ., &?;. 2;t F$ 3: 53
Carlsbad, California 92008 Carlsbad, California 92008 ‘1 ‘1
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Space above this line for Recorder’s use
AGREEMENT BETWEEN OWNER, DEVELOPER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this 1 I day of ~4 v ,
19 ?& by and between ~490 r.k &Jc;c, B /u .Qu? (Name of Develoki:?
a p% 4-w - , I (Corpo;a:on, $ZtEe
, hereinafter referred to as
etc.)
“Developeri’ whose address is Ta& ‘Icz. tpLdsi-R (Str’eet)
0;\+.4 ‘* cyqtJ=-
(City, State, Zip Code)
and fl:~, DR F# & P,ab+ER OAcKI~Qd (Name of Legal Owner)
a rk N 0: w i DLPIL~ , hereinafter referred to as
(Individual, Corporation, etc.)
“Owner” whose address is 2 & i 4, W‘@dL4LD s-4 (kt’reet)
~.4rriA3W , C4L F. (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.
REV 7-28-87
AM 774%
. .
I I
.
0 23t-
RECITALS
WHEREAS, Owner is the owner of the real property described on
Exhibit “A”; 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: L ~ <C 0 - ‘-& I=+. I
*. Ic
on said Property, which development carries the proposed name of
and is hereinafter referred to as “Development”; and
WHEREAS, Developer filed on the I: k day of F&7 ,
19 a% , with the City a request for +-Jr” w-L&-; uE n+n
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 July 28, 1987, 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 7-28-87
, . 0 2383
WHEREAS, Developer and Owner have asked the City to find that
public ‘facilities and services will bc 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 convenants
contained herein, the parties agree as follows:
1. The Developer and Owner shall pay to the City a public facilities
fee in an amount not to exceed 3.5% of 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 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 conversion of existing building
or structures into condominiums in an amount not to exceed 3.5% of 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 ttentitlement
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.
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REV 7-28-87
Developer and Owner 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 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 offer 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
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.
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REV 7-28-87
. * - -* o 2385
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 by 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 references 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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REV 7-28-87
* . . .
0 22-3 , L
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 executed in San Diego
County, California as of the date first written above.
OWNER: DEVELOPER:
(Signature)
RC4 tzR 0 4&L ,sr;:J IName)
wa‘n -. c b+?
(‘Signatura -
(Name)
(Signature)
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TITLE gm+uef~ I
BY &A (I
TITLE ~.h~+.ti~=A, I
ATTEST : CITY OF CARLSBAD, a municipal
corporation of the
State of California
ALETHA L. RAUTENKRANZ, City lerk
BY
MARTIN OREN%&&
For City Manager
APPROVED 1 CIs”r’ u1\‘TI-GRN.EY
1 . ROf\rBU1IGBei L VINCENT F. BIONDO, JR.,
City Attorney L’
(Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.)
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REV 7-28-87
l
TO ,848 c* 18.74, (Partnership)
.
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STATE OF CALIFORNIA
I
JJ. CC%JNTY OF San P&m
O;l May 12, 1938
before me, the undersigned, a Notary Public in and for said State. personally appeared Ward Larson
known to me
to be one of the partners of the partnership
that executed the within instrument, and acknowledged to me
that such partnership executed the same.
WITNESS my hand and official seal.
- 0 2387 T
m i!iiKicmN”
\ PC AllCORW8lWllV
Signature il(yLLL~ 4 A-&-r&d
Terry A.(,6 anders
I
:******************************+L*x
i
OFFICIAL SEAL +
j: TERRY A. SANDERS i
x
NOTARY PUBLIC-CALIFORNIA $
‘:
NOTARY BONO FILED IN t
SAN DIEGO COUNTY f ; * My Commission Expires October 8, 1991 $
************************++************
(I%18 l rM for omew notarial 88al)
Individual AcKnowledgment
WATE OF CALIFORNIA
COUNTY OF ss.
On this 12th day of May , in the year 19-, 88 before me, the undersigned, a Notary Public in
and for said County and State, personally appeared
Mildred Dawson and Roger Dawson
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person-
whose names are subscribed to this instrument and acknowledged that they executed It.
Notary Seal
,***$$*****~******e*’
OFFICIAL SEAL
RRY A. SANDERS f NOTARY PUBLIC-CALIFORNIA *
NOTARY BOND FILED IN SAN D/EGO COUNTY $
i My Commission Expires October 8, 1991 $ **********+****************+*$*********
TO 1.4. CA ,.-74, (Partnership)
STATE OF CALIFORNIA \ cc
COUNTY OF.i! -*
On May 13, 1988
before me, the undersigned, a Notary Public in and for said State, personallY appeared
Brian Naze
known to me
to be of the partners of the partnership One
that executed the within instrument, and acknowledged to me
that such partnership executed the same.
WITNESS my hand and official seal.
Signature
: OFFICIAL SEAL
5 TERRY A. SANDERS g
s NOTARY PUBLIC-CALIFORNIA x
x NOTARY BOND FILED IN r
e SAN DIEGO COUNTY 2
MY bTUniSSiOn Expires October 8, 1991 $ f***************************+*******g
(Thir ma for omCla1 notarhl seal)
EXHIBIT “A” 0 2388
LEGAL DESCRIPTION
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