HomeMy WebLinkAboutMS 93-02; Erickson, Gayla Jean; 1993-0300292; Public Facilities Fee Agreement/Release--
I_ :I 6 47
RECORDING REQ~JESTELJ BY AND
WHEN RECdRDED MAIL TO:
SK It 1993-0300292
12-IlAY- 02038 Pfl
City Clerk
ClTY OF CARLSBAD
1200 Carlsbad Vilkg8 D&8
Carlsbad, California 92008-l 989
OFFICICK RECORDS SAN DIEGO CO!JHTY RECORDER’S OFFICE ANNETTE E;;bl; COUH;;E~ECORDER RF: : 26.00
AF: 15: 00
Space above this line for Recorder’s use
Parcel No. APN 207-063-24
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBUC FACILITES FEE
FOR OUTSIDE THE BOUNDARIES OF COMMUNrrY FAClLlTlES DISTRICT NO. 1
THIS AGREEMENT is entered into this 6th day of April I wz,
by and between Gayla Jean Erickson
(name of developer-owner)
a Individual , hereinafter referred to as “Dev6lopeF whose address
(corporation, partnership, etc.)
is 3800 Alder Avenue, Carlsbad, CA 92008-2703
(street) (city, state, zip code)
and the ClIY OF CARLSBAD, a municipal coiporation of the State of California, hereinafter
refked to as “City”, whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008
1989.
WITNESSETH:
WHEREAS, Developer is the owner of the real property described ori Exhibit “A”, attached ,
hereto and maeI@ a part of this agreement, hereinafter referred to as “Property”; and
WHEREAS, the Propetty lies within the boundaries of City; and
WHEREAS, Developer proposed a development project as follows:
3 lot residential subdivision
on said Property, which development cqm’es the proposed name of
Alder Estates
F-mApw.d ByCkyCouwHJufy2,1991 /-j/yP?3-~~
R.80 # 91-194lKJH 1 &-Up9344
and- is hereafte,r referred to as “D8V8lOpm8nt”; and $648
WHEREAS, Developer filed on the 6thday of April 19 93 I-
with the City a request for Tentative Parcel fan
hereinafter referred to as
“R8qUeSt”; and
WHEREAS, the Public Facilities Element of the City General Plan requires that the City
Council find that all public facilities necessary to ~8~8 a development will be available concurrent
with need or such d8V8lOpm8nt shall not be approved (said element is on file with the Clty Clerk
and is incorporated by this reference); and
WHEREAS, Developer and City recognize the correctness of Council Policy No. 17, dated
July 2, 1991, 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 senrices 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 D8V8lOpm8nt as it is presentfy proposed; but the
D8VelOp8r is aware that the Ci 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 conSid8ratiOn of the recitals and the covenants contained herein,
the parties agro@ a8 follows:
1. The D8velop8r shall pay to the Clty a public facilkies fee in an amount not to
exceed 3.5% of the building permit valuation of the building or StructUreS to b8 constructed in
the Development pursuant to the Request. The fee shall be paid prior to the issuance of building
or other construction p8rmits for th8 d8V8lOpm8nt and shall b8 based on th8 V&JatiOn at that
time. This fee shall be in addition to any fees, dedications or imprOv8m8nts required pursuant
Form APW 0y City Council Jub Z, looi boo + Ql-1@4/ICJH 2
_r if649
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 eXCe8d 3.5% of the
building permit valuation at the time of conversion. The fee for a condominium conversion shall
b8 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
COOp8ratiVe. The terms “Other construction permits”, “other cOnStWtiOn permit” and “entitlement
for use” as used in this agreement, except in reference to mobilehome sites or projects, shall not
refer to grading permits or other permit9 for the construction of underground or Street
improvements unless no other permit is necessary prior to the us8 or occupancy for which the
development is intended. Developer shall pay the City a public facilities fee in the sum of $1 ,150
for each mobilehome 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 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. lf 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 b8 determined by Clty
prior to the issuance of any building or other permits. Such d8t8~in&iOn, when made, shall be
come a part of this agreement. Sites donated under this paragraph shall not include
improvements required pursuant to Titles 18 or 20 of the Cartsbad Municipal Code.
3. This agreement and th8 fee paid purSuant hereto (v8 required to ensure th8
cOnSiSt8tWy Of th8 D8v8lOpm8nt with th8 City’s Genera/ Plan. tf th8 f88 is not paid as provided
herein, the Clty will not have the funds to provide public facilities and s8Wic8s, and the
d8velOpment will not b8 consistent with th8 General Plan and any approval or p81?~1it for the
Development shall be void. No building or other construction permit or entitlement for us8 shall
Form md ey cny council July 2,lQel Reso # Ql-lQ4MJH 3
be issued until the’ public facilities fee required by this agreement is paid.
4. Cii.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 t0 provide upon request reasonable assurances t0 8nabl8 Developer
to comply with any requirements of other public agencies as evidence of adequate public
facilities and services sufficient to accOmmOdat8 the needs of the D8VelOpm8nt herein described.
6. All obligations hereunder shall terminate in the event the Request made by
D8V8lOp8r iS 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 lf notice is given to the City of personal delivery thereof to the Clty or by
depositing same in the United States Mail, addressed to the City at the address set forth herein,
8nClOSed in a Sealed envelope, addressed to the City for attention of the city Manager, p&age
prepaid and certified.
7.2 If notice is given to Developer by personal delivery thereof to D8V8lOp8r or
by d8pOSiting the satn8 in the United states Mail, enClOs8d in a sealed envelope, addressed to
Developer at tfto ddr8SS as many have b88n designated, postage prepaid and certified.
0. This agreement shall be binding upon and shall inure to the benefit of, and shall
appi)f to, the respective SUcc8SSO rs and assigns of Developer and City, and ref8r8nc8S to
Developer or city herein shall be deemed to b8 a reference to and indUd their respective
successors and assigns without specific mention of such successors and assigns. If Developer
should c8as8 to have any interest in th8 Property, all obligations Of D8v8lOp8r hereunder shall
FonnApptoved By City Council July 2.1991 : Ro.0 It Bl-lM/KJH 4
4 65 1 .+ _’
terminate; providti, hOw8vir, that any successor to D8V8lOp8r’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.
Forms
5
J652
. ,I
IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as
of th8 date fht w&ten above.
DEVELOPER-OWNER: CllY OF CARLSBAD, a municipal
corporation of the
Stat8 of California
Gayla Jean Erickson
(print name)
(title)
BY 4 MAmIN OREN?@?--
for City Manager
BY (signature)
(print name)
(title)
ATTEST:
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
(Notarial acknowkdg8m8nt of execution of DEVELOPER-OWNER must b8 attach8d.)
Form- =* Pld&$ 2 1=1 - 6
-
.
$653
EXHIBIT ‘A’
LEGAL DESCRIPTION
Lot 9 of Carlsbad Highlands, Map No. 2647, being within the City of Carlsbad, the County of San Diego, and the State of California.
Form Approved
7
J654
State of California
County of San Diego
On April 6, 1993bforeme, Paula Jo Huffman, Notary
OIrt * uy. nTuuorr*:m LG.'Ja#aQXwO~~-
personally appeared Gayla Jean Erickson
nrylSl u ¶UcIlSI .
13: personally known lo me - OR - a proved to ma on the basis ol satistxtwy m
to be the person(s) whose neme(S) itier8
Subs&bed to the w#ih immafIt and S-
knw8d to mo that hushuth8y l xocutaj
the same in his/hWtheir authorir8d
capacity{ ies) , and that by hia/herltfIeir
signature(s) on th8 instmm8M me P.f=aL
wtheentity~nWWofwtkhthq3uwn(s)
acted. executed tha irwbunmt.
Wiimyhandandotlcid~.
WAcm ClAMEn 8Y SIGNER
ta ~f=muMc9 I , . I 0 CoaPomTE
OPFlCER(S) rmLIsl Q PmrNwS)
0 ATTOftNEY4N-FACT
0 me(s)
0 SUldCRmwe3 WITNESS
0 ouARolAElrCoNsERvAt
0 OTHER
8mNERtsREPREs~: : uu 0 m-t) a fmmmm Gayla Jean Erickson .
Alder Estates .
. ,
*nmnoNmTAnv:Unorrpln Irr)ormron-m6- ~i!%EZ!Y?E!2 ; 4 THIS CEATlFlcATE I~e~n??ZKZY TtiOff~Of~IVIOM~ City nf Car&h& / Public Fat. Fee : MUST BE ATTACHED 4
TO THE DOCUMENT F4lJhWdPaQOS 7 wd- Anril 6. 1993 :
OESCRl8ED AT RIGHT: Sign8f(s)OthuThsnNamedAbova i