HomeMy WebLinkAboutMS 852; General Land Contracting Development Corp; 1990-0697091; Public Facilities Fee Agreement/Release! 1 .
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CITY OF CARLSBAO ,.:f i ;- 7 + '- : - i . "'. i ' -.J;. :a: : I 7 n "
1200 Elm Avenue " ': / i 2 -. ; i$; -i ; i-1 1';
Carlsbad, California 92008 ) ;:. 2 i i i 1
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Space above this line for Recorder's use i i
Parcel No. c&q- 156 - 71
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAO FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
hereinafter referred to as "Developer"
and the CITY OF CARLSBAO, 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:
REV 3-l-88
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on said Property, which development carries the proposed name of ys3 7 1
r/B\ 4% \ I ?.
and is hereinafter referred as "Development"; and
WHEREAS, Developer filed on the day of v? b-c ,19% 4 with the City a request for fi - 7 PL?424lf?A g@A
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 js
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 publil
facilities fee.
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1336
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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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 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 wi!h
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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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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1 ,
IN WITNESS WHEREOF, this agreement is executid in San Oiego County, California
as of the date first written above.
CITY OF CARLSBAO, a municipal corporation of the State of California
By:
(Title)
By:
(Title)
ATTEST:
f?L2k& ALETHA L. RAUTiNKRANZ, City Cle
APPROVED AS TO FORM:
Bya- IL4 DEPuTYCITy ATTORNEY
VINCENT F. BIONDO, JR. City Attorney
(Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.)
STWK a- CPC 1l=OFW A ccou?ny OF sF)lJ P#LGo
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ALTA Policy No. 8501527-83
EXHIBIT "A“
PARCEL 1:
All of Lot 26 of that tract described in Map No. 5162, recorded 1n the
Office of the County Recorder of San Diego County, AprSl 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.
PARCEL 2:
A non-exclusive easement and right of way for pedestrian and vehicular
ingress and egress, including the right to transport small watercraft,
over Lot 15 of that tract described In Map 5162, recorded in the Office of
the County Recorder of San Diego County, California, on April 25, 1963
which easement is for the benefit of and appurtenant to the hereinabove
described Parcel 1 and, being appurtenant, shall run with the land.
PARCEL 3:
A non-exclusive easement right of way for vehicular and small watercraft
ingress and egress over Lot 74 of that Tract described in Map No. 5162,
recorded in the Office of the County Recorder, San Diego County,
California, on April 23, 1963, which easement is for the benefit of and
appurtenant, shall run with the land, and which easement is subject to
such rules and regulations for use as may be promulgated from time to time
pursuant to the Declaration of Restrictions and Protective Covenants more
particularly described below.
This easement shall terminate as to any Wharfage Area within Lot 74 as
shown as construction of any Wharfage Facility is initiated therein, such
Wharfage Area, to which reference is made fn the previous sentence, 1s any
one of those delineated in Exhibit "B" attached to and incorporated in the
Declaration of Restrictions and Protective Covenants more specifically
described below.
PARCEL 4:
An easement over that portion of the above referenced Lot 74 of said Tract described in Map No. 5162, recorded in the Office of County Recorder of I
San Diego County, California on April 23, 1963, which portion is Wharfage
Area 26, a delineated in Exhibit "B" attached to and incorporated in the
above referenced Declaration of Restrictions and Protective Covenants,
said easement to be of the exclusive right to construct, maintain and use
a Wharfage Facility pursuant to said Declaration of Restrictions and
Protective Covenants and appurtenant as to Parcel 1 above.
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