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Home My WebLink AboutMS 92-03; Bodjanac, Daniel; 1992-0187194; Public Facilities Fee Agreement/ReleaseRECORDING REQUESTED BY AND ) WHEN RECORDED MALL TO: ; CITY OF CARLSBAD 1200 Carlsbad Village Drive ; Carlsbad, California 92008 1 734 Space above this line for Recorder’s use (igq l i:sIp Parcel No. APN 216-190-62 AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 30 day of Jan. , 19 9 7 by and between Daniel Bodjanac (Name of Developer-Owner) iP Individual , hereinafter referred to as “Developer” (Corporation, Partnership, etc.) whose address is 7548 ViejO CaStilla Way Carlsbad, CA 92009 (Street) (City, State, Zip Code) and the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafrer referred to as “City’, whose address is 1200 Car&bad Village Drive Carlsbad, California, 92008. WITNESSETH: WHEREAS, Developer is the owner of the real property described on Exhibit “A”:, attached hereto and ma& a part of this agreement, hereinafter referred to as “Proper@‘; and WHEREAS, the Property lies within the boundaries of City; and WHEREAS, Developer proposes a development project as follows: 7 ZPI-n I nt I l n P - . single family atteched residental unitson said Property, which development carries the proposed name of Bodjanac twin homes and F-W BycilycknlncilApfil~1986 Reio.No.9169 A?5 52-43 CP 72-z.f ’ . . is hereinafter referred as “Development”; and WHEREAS, Developer filed on the- day of January , 19~ with the City a request for Building and Gradinq Permit 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 recognixe 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 setices 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 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. Foim Approved By city council April u. 1986 &so. No. 9169 2 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 Carkbad 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 shah 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 shah 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 2 1 of the Carlsbad Municipal Code. 2. The Developer may offer to donate a site or sites for public facilities in lieu of alI 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 Fm &proved By City Council April 22.1966 hmo. No. 9169 - . I - - . . . Q? . development will not be consistent with the General Plan and any approval or permit 1 Development shall be void. No building or other construction permit or entitlement for u e 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 f cilities fund for the financing of public facilities when the City Council determines the need e ’ ts to provide the facilities and sufficient funds from the payment of this and similar public facili t ‘es fees are available. 5. City agrees to provide upon request reasonable assurances to enable comply with any requirements of other public agencies as evidence of adequate public service sufficient to accommodate the needs to the Development herein described. 6. All obligations hereunder shall terminate in the event the Requests Developers are not approved. 7. Any notice from one party to the other shall be in writing, and shall be d ted and signed by the party giving such notice or by a duly authorized representative of such p i , Any such notice shall not be effective for any purpose whatsoever unless served in one of the following manners: 7.1 t If notice is given to the City by personal. delivery thereof to the C’ 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, postag prepaid and certified. 7.2 If notice is given to Developer by personal delivery thereof to : Dev loper or by depositing the same in the United States Mail, enclosed in a sealed envelope, ad ssed 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, d shall Fm Appnmd gCi~coUncilApril22,1986 Ilao. No. 9169 4 :. apply to the respective successors and assigns of Developer and the City, and references to Developer or City herein shah 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 Developer3 interest in the property shall have first assumed in writing the Developer3 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 shah record a release. Form Appmved Bycirycouncil April y, 1986 Rue. No. 9169 5 . . - .- ’ IN WITNESS WHEREOF, this agieement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: CITY OF CARUBAD, a municipal corporation of the, State of Califomia By: %+?kh&? B& a%+&& f Daniel BdcJjan OWNER (Title) By: +W%?,&Z&- By: For City Manager- (Title) ATI’EST: APPROVED AS TO FORM: . . KAREN J. HIRATA t L VINCENT F. BIONDO, JR. City Attorney . (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) Form Approved By City Council April 22 1966 Rue. No. 9169 6 &%@W&&W -or- proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and gfficial seal. ’ STATE OF CALIFORNIA A h Capacity Claimed By Signer: iXiNER DEVL ,PER COUNTY OF SnN DTEGO . . . . On Q3/06P?2 before me, ;kKAREN VhNCE -.-..-------.----.------- 8 , notary public, personally appeared gcAf,l;:EL E;QD,JA$$AC--------------.---$ Official Notarial Seal This certifiite must be Title or Type of Document $iCjRMT btTWEf-:N DEVELOPER OWNE:R,‘& Ch!ll.SE(A~J . attached to the document Number of Rages 7 Date of Document O:I/‘J#/92 described at right. Signer(s) Other Than Named Above $gjNE: ALL-PURPOSE ACKNOWLEDGMENT LE 76(x11911 ~-~ ~- - EXHIBIT "A" LEGAL DE!XXlTION LOT #168 OF LA COSTA SOUTH UNIT #l PER MAP #617 Form Approved By City Council April Y, 1986 Rm. No. 9169