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Home My WebLink AboutMS 867; Brown, Theodore R., et al; 1991-0390282; Public Facilities Fee Agreement/ReleaseRECORDING RB$JE3TED BY AND ) WM RECORDED MAIL To: ) 1 q$fqof;~ ) l@O Carbad. VZage Drive 1 p+sbR~j cty ,.5$ki3p8 (--&,-.;. <1&[:&;;~ y;jos ) 1 I Space above &is line for Recorder% use F8 ,,- ,,’ -t . Parcel No. 215-290-16 AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE J?‘AY’MENT OF, A PUBLIC FAC&!TIES. FEE @@jF AGREEMENT is entered into this26 7% day of JTvds , 19 9/. by and between Th%%%ke R. Brown, See G. Brown, Trustees and Lofa M. Owsl.ey aqd'Pamel& M. Lovin as joint teng~lts I (Name of Devdoper-Owner) ., . . as wk , here&after referred to as “Developer” (co2pmltion, Partne&ip, etc.) whcae address is 2630 Luciernaka St- CIA 92nn~ (Street) (city, State,Zp Code) and the CITY OF CARLSBAD, a munic@I corporation of the State of California, hereinafter refened -,- .; ,^‘-.“*---... -~.---.~----~--~--~-~---~..-- .__^ ^Llllil.l ___^c__l LLl^fl- _)_” __ ,..._ . . .^ _., ,. . . . ._ to as “city”, whose address is 1200 Carlsbad Village Drive (FormerIy Elm Avenue), Carl&ad, r W&9200& WTNESSE~: *-. . . . . . . . . _.^l . . .._. I _ WHEREAS, Developer is the owner of the real prokti described on W&it “A”:, attached hereto and made a part of t%s agreemen& her&&ta referred to as “Proper@; and WHEREAS, the Property lies within the boundari~ of C.iqq and . WHEREAS, Devekqer proposes a developme& project as follows: Conversion of Gn existing duplex to a condominium on said Property, which development carries the proposed name of none- and REv1l/90 1 A3K7 Pi@ w-d ’ . . - h , 1155 ‘ is hereinafter referred as “Development”; and WHEREAS, Developer filed on the day of , 1991 with the City a request for parcelmaP tentative 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. 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 shaJl 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. RJiv11/90 2 , - A 1156 This fee shah 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, shah 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 shah 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 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 shah 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 Citys 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 REvlmo 3 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. 6. All obligations hereunder shah 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, shah be binding upon and shall ensure to the benefit of, and shall REV 11/90 4 A T 1158 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 Developers interest in the property shall have first assumed in writing the Developers obligations hereunder. 9. This agreement shah 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. REV 11/90 . , -. - 1159 ** , 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 Theodore R. Brown, Lee G. Brown,Trustees California Lois M. Owsley, Pamela M. Lovin (n=d Theodore R. By: BY: Lee/G. Brown--7-PVdEe Owner (Title) BY: For City Manager h l &ulls% Lois M. Owsley Owner I\ QdmL u Pamela M. Lovin Owner ATTEST: &g&&&$-o MTHA r IbdJTBhkhNZ, City Clerk APPROVED AS TO FORM: , DEPUTY CITY ATTORNEY VINCENT F. BIONDO, JR City Attorney (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) REV 11/90 State of cFL/rnrtl~/4 On this th&!!&@day of CT. JG 19L, before me, P ss. County of dipn/ aE60 CiELc3 ?qq cArt5e the undersigned Notary Public, personally appeared t ***********************************z t OFFICIAL SEAL GlSELA HAUSER t :: 2 s NOTARY PUBLIC-CALIFOWIA t t NOTARY BOND FILED IN SAN DIEGO COUNTY g f * MY commission Expires July 23, 1993 t t ********+*****+*********+************ ‘;r;y&oaoE45 e. ~leO~t3 4 LEiE Gt (C3ROfyd -r;e us 7E=-.s 0 personally known to me proved to me on the basis of satisfactory evidence eRE e the person(s) whose name(s) subscribed to the within instrument, and acknowledged that WY executed it. Notary’&ignature A~EN~-~ON NOTARV: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to another document. Title or Type of Document pg& f c F~c/~o--‘f ac.e=H c5J-T THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT Number of Pages 7 Date of Document 6-d&-9/ DESCRIBED AT RIGHT: Signer(s) Other Than Named Above c7cJsctFy + GOrL/rc/ State of CALfFaF~~A On this thJ&?!?day of imAfE 19J, before me, P County of c&w ;3ltzGg > ss. G/d&LA 7$+wJEle the undersigned Notary Public, personally appeared c.cwf /c/a DWJLEY \ ~*********************************** r 8 OFFICIAL SEAL 2 t t ‘XELA HAUSER ; c] personally known to me NOTARY PUBLIC-CALIFORNIA * * pproved to me on the basis of satisfactory evidence t NOTARY BOND FILED IN lJ 8 !%UJ DIEGO COUNTY t to be the person(s) whose name(s) subscribed to the MY CO~fJ’IiSSiOn Expires JUIY 23, 1993 t t t+*+*******************************~ within instrument, and acknowledged that ti* executed it. WITNESS my hand and official Seal. Notary’s Signature ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to another document. c- THIS CERTlflCATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: /ov6L/C mc/ui-y flGREE..au/ Title or Type of Document Number of Pages 7 Date of Document c -dh -9/ Signer(s) Other Than Named Above Lo~/d -f (B#eoLdh/ 7100-109 8 NAllONAL NOTARY ASSOClATlCXv * 826 Remmei Ave * P.O. Box 7184 * Cancga Park. C4 9X304-7 EXHlBlT"A" LEGALDESCRlPTION - LOT 162 OF LA COSTA MEADOWS UNIT NO. 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP i THEREOF NO. 6800, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, 1970. . INDIVIDUAL ACKNOWLEDGMENT t4Q.201 State of C% u rzi, @ nd’ cs County of CrAd ~hE6a > On this thedTmday of CTii~G 19p/, before me, ss. G/At3 A h++-edEP - the undersigned Notary Public, personally appeared ~******+*****t********************** t i OFFICIAL SEAL t t GISELA HAUSER : t NOTARY PUBLIC-CALIFORNIA g t NOTARY BOND FILED IN : t SAN DIEGO COUNTY My Commisskm Expires JUI~ 23, 1993 t $ *+*********************************~ P&ME&n M. L-0 VI.4 0 personally known to me xproved to me on the basis of satisfactory evidence to be the person(s) whose name(s) 1-J subscribed to the d&5 within instrument, and acknowledged that executed it. WITNESS hand and official seal. QC!& G4iLoeK .Nota& Signature A~EW~M NOTARY: although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to another document. THIS CERTIFICATE Title or Type of Document p&L/c fyqc-I.urY r9 GaEE~Ed-- MUST BE Al7ACHED TO THE DOCUMENT Number of Pages 7 Date of Document L -c?s-91 DESCRIBED AT RIGHT: Signer(s) Other Than Named Above (akowA/ 3 otic%Ey REv11m Y ,.xwr 7