HomeMy WebLinkAboutMS 850; Painter, Thomas and Childers, John; 90-651247; Public Facilities Fee Agreement/Release* . > ‘1 -. 90 6.SW47
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RECORDING REQUESTED BY AND ) j .zi':' c&; iii;:s=.;L:..<<. :“:E:'f;~, :.:i :t;s;:T.. .;~-;.c .'ii i
WHEN RECORDED MAIL TO:
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CITY OF CARLSBAD 1
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1200 Elm Avenue Carlsbad, California 92008
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Parcel No. 156-110-73
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this .-i& day of-&$&&f , 1990 -
by and between Thomas R. Painter and' John V. Childers .
(Name of Developer-Owner)
as individuals hereinafter referred to as "Developer"
(Corporation, PartnershiEtc.) ' 5931 Priestly Drive
whose address is Buildinq A, Suite 100, Carlsbad, CA 92008
(Street) (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:
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Split 1 existing lot into 4 single family lots
on said Property, which development carries the proposed name of
Tentative Parcel Map
and is hereinafter referred as "Development"; and
WHEREAS, Developer filed on the ai& day of Or+&k?r , ~~99
with the City a request for Tentative Parcel Map approval
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
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.
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1197
NOW THEREFORE, in consideration of the recitals and the covenants
contained herein, the parties agree as follows:
1. The Developer 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
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 entitlement of 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 of 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.
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1198
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
facilities, the City shall consider, but is not obligated to accept the offer.
The time for donation and amount of credi t 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 service sufficient to accommodate the needs
to the Development herein described.
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1199
6. All obligations hereunder shall terminate in the event the Requests
made by Developers 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 attention of the City Manager, postage prepaid and certified.
7.2 If notice 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 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.
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.
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1200
IN WITNESS WHEREOF, this agreement is executed in San Diego County, California
as of the date first written above.
OEVELOPER-OWNg[$&
Thomas R. P John V. Childers as individuals
CITY OF CARLSBAD, a municipal
corporation of the State of California
Owner-Developer
By:
Owner-Developer
(Title)
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk'
APPROVED AS To FORM:
.
VINCENT F. BIONDO, JR.
City Attorney
(Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.)
.
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d I/: ~-l%z,
xpersonally known to me
q proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s)
within instrument, and acknowledged that
2 4subscr;rt;dt;e
THIS CERTIRCATE
MUST BE ATLACHED
TO THE DOCUMENT
Title or Type of Document
DESCRIBED AT RIGHT:
.~
Signer(s) Other Than Named Above
INDIWIDUAL ACKNOWLEDGMENT
Gx lYnll”NHLIY”l~“~ n3JChr,~lM”.OLIXI,l,,~,rW..-r” UUA I TD.-L..,MJ.‘.rn, LeT a,-
No. 201
On this the /, day of
the undersigned Notary Public, personally appeared
fl personally known to me
q proved to me on the basis of satisfactory evidence
to be the person whose nameH& subscribed to the
within instrument, and acknowledged that -d&--- executed it.
WITNESS my hand and official seal. a/ceu
Notary’s Signature
ATTENTION NOTARY: Although the information requested below is OPTIONA could prevent fraud
THIS CERTlflCATE Title or Type of Do
MUST BE ASTACHED
TO THE DOCUMENT Number of Pages
DESCRIBED AT RIGHT: Signer(s) Other Than Named Above
attachment of this certificate to another document
7100-109 0 NA~NoTAR(AssocIATK)N.8p6RemmetpWe..P.O.8ox7184.canOgaperk,cA 91334-l
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1202
EXHIBIT "A"
LEGAL DESCRIPTION
Parcel 1 of Parcel Map No. 13027, in the City of Carlsbad,
County of San Diego, State of California, filed in the Office
of the County Recorder of San Diego County, November 23, 1983
as File No. 83-42755 of Official Records.
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