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HomeMy WebLinkAboutMS 93-09; Maxey, Tom F. and Johnson, Allen W.; 1993-0555436; Public Facilities Fee Agreement/Release* * . . L . ‘?oc i# 1993-0555436 _ . RECORDING REQUESTEG dY AND WHEN RECORDED MAIL TO: 46 2%MJG-1993 02~04 Pl'l City Clerk Cl-f-V OF CARLSBAD 1200 Carlsbad Vlllaga Drive Carlsbad, California 920991989 DFFICML RECORDS WI DIE60 CDUNTY RECORDER’S DFFICE 1 ; MHETTE EU;Hb CDUtWE;ECDRDER 23.00 ii 1ioo : HF: 1.00 Space above this line for Recorder’s use I :i Parcel No. 316 -2vo -53 AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CRY OF CARLSBAD FOR THE PAYMENT OF A PUBLlC FACILJTIES FEE FOR OUTSIDE THE BOUNDARIES OF COMMUNRY FAClLlTlES DISTRICT NO. 1 THIS AGREEMENT is entered into this 22 !I@ day of &LY ,199z by and between TOM F. MAmY An/D Ausv w. Jo&A/saA) (name of developer-owner) as owluE;es (corporation, partnership, etc.) ’ hereinafter referred to as “Developer” whose address is ZZO/ #Zzo3 Lz%mw;tE SQ?lZT, G@i@m, cf. 9zd (street) (city, state, zip code) and the CRY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as “City”, whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92009 1989. 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 Cl; and WHEREAS, Developer proposed a development project as follows: GrMbOM/AIJV#l4 & UaS/bJ.J on said Property, which development carries the proposed name of If&WV- dmmiaEJ Form Approvd By City Council Juty 2,lQSl Rosa # 91-1WH 1 ’ , 47 . . and is hereafter referred to as “Development”; and 7// WHEREAS, Developer filed on the 6 - day of A;;ftG/sT 1 1& with the City a request for cIhMcw/buIu~ GwGJd 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 ser~8 a d8V8iOpm8nt 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, D8V8lOp8r 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 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 DeV8lOp8r 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, D8velop8r 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 Cii a public facilities fee in an amount not to eXCe8d 3.5% of the building permit valuation of the building or structures to b8 constructed in the Development pUrSUaM 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 F0nnApw.d 6yCHyCouneilJuly21901 Rsso I Ol-lw/KlH 2 48 ’ to Titles 18, 20 or 21 of the Carl,sbad Municipal Code. Developer shall pay a fee for conversion of existing building or structures into condominiums in an amount not to 8XCe8d 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 pemW 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 permits for the construction of underground or street improvements unless no other permit is necessary prior to the us8 or occupancy for which the d8v8lOpm8nt is intended. D8V8lOp8r shall pay the City a public facilities f88 in the sum Of $1 ,150 for each mobilehome space to be constructed pursuant to the Request. The fee shall b8 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 Tiles 18, 20 or 21 of the Carlsbad Municipal Code. 2. The D8VelOp8r may Offer t0 donate a Sit8 or Sit8S for public facilities in tieU 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 Cii shall consider, but is not obligated to accept th8 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 be- come a part of this agreement. Sites donated under thii paragraph shall not include improvements required pursuant to Ties 18 or 20 of the Carlsbad Municipal Code. 3. This agr88mefIt and th8 f88 paid pUrSUant h8r8tO are required t0 ensure th8 consistency of the Development with the city’s C8n8ral Plan. tf the fee is not paid as provided herein, the city will not have the funds to provide public facilities and servic8s, and th8 development will not b8 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 us8 shall Form Approved ~cilycOuncUJuty2,lsOl ROW + 01.lQ4/XJH 3 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 n88d 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 r8qU8St reasonable assurances t0 8nabl8 D8V8lOper to comply with any requirements of other public agencies as 8VidenC8 of adequate public facilities and services sufficient to accommodate the needs of the D8V8lOpm8nt herein described. 8. All obligations hereunder shall terminate in the event the Request made by DeV8lOp8r is not apprOv8d. 7. Any notice from one party to the Other shall be in writing, and shall b8 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 Clty 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, enclosed in a sealed envelope, addressed to the City for attention of the city Manager, postage prepaid and certified. 7.2 lf notice is given to D8V8lOp8r by personal d8liV8Iy thereof to D8V8lOp8r or by depositing the Same in the &tited states Mail, 8nClOS8d in a sealed envelope, addressed to D8V8lOp8r at the address as many have been designated, postage prepaid and certified. 8. This agreement shall be binding upon and shall inure to the benefit of, and shall apply to, the respective successors and assigns of Developer and city, and ref8r8nC8S to D8V8lOp8r or City herein shall b8 deemed to be a reference to and indude their respective successors and assigns without speclffc mention of such successors and assigns. lf Developer should cease to have any interest in the Property, all obligations of D8V8lOp8r hereunder shall 49 Form Apprwed By Clly Counoll Jury 2.1901 Roao + 9%194/KJH 4 50 . terminate; providQd, however, that any successor to Developer’s interest in the property shall have first assumed in writing the D8V8lOp8r’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. . . * . . . . . . . * . . * . . * . Form Approved 6y city Council July 2,lQOl Rem I Ql-1-H 5 . ’ IN WlTNESS WHEREOF, this agreement is executed in San Diego County, California as 51 Of th8 date first written above. DEVELOPER-OWNER: CrrY OF CARLSBAD, a municipal corporation of the Stat8 of California BY (title) AllEST: ALETHA L RAlJTE APPROVED AS TO FORM: - RONALD R. BALL, City Attorney . - BY c (Notarial acknowledgement of ex8cution of DEVELOPER-OWNER must be attached.) c Form APW e/ City Council Juty 2.1001 Row # Ol-194/UH STATE OF CALIFORNIA COUNTY OF tif!li cjr! Z)IEGfJ Capacity Claimed By Signer: On 07/22/93 before me, gi\l(?$i;y E gyf”Iy:* , notary public, personally appeared y$qGH F gfiXE:y Af.;J? 2 ;,,_ !,,. E &! k ,’ y3 i-! :,; tj f:j \,; f Official Notarial Seal This certificate must be Title or ‘Iype of Document attached to the document Number of Pages described at right. Signer(s) Other Than Named 52 #6ikiwl~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 official seal. Signature of Notary: I/’ C’ ?’ -’ y :-: i: [-: ,J 7, j_, i: yt: ,.3 ‘I\ p ; ! y,.,: p. ,, f”. 7 I 1. -? ,.a . .._.I :.J i il2.i r ;Ib ,1.!,.. .;. / _> L.L. , T E:’ r; ;:: r:’ jT’ I:t F’ (3 L..:.., r:,“,..u %‘I Date of Document (1 7 / ‘I; ? / y 3 I,.. 2. FQ ;3 ? j 1:: , . . _ i. I... EXHIBIT ‘A’ LEGAL DESCRIPTION 53 trcn 212 01 LA COSTA SOUTH UNIT HO. 1, IN TM CITY O? CARKWAD, COUNTY Ot SAM ' DIttSD, STATE O? CALIlORWIA, ACCORDIMO TO HAP THEREOP NO. 6333 FILED I# THE OtPIC8 O? THI COUNTV RICORDER 01 SAN DIUO COUHTY, ON NOVEHDER 3, 1969. B~~~PT~WOTHIRIPUD~~TMA??OR?IO(( ACCtPtRD?OR PUBLICWI'UCT PURPOSES SYTW CITY COUNCIL O? THB CITV Ot CARt&RAD, Ill IltSOWTION NO. 4011, RECORDED IW TH8 O??ICt Ot TIM COUtlTl RZCORDLR Of RM OIlCOO COUNTY, StPTtnBER 29, 1974 AS IIL'WPAOI NO. 74-219722 O? OWICIAL RECORDS, StfWO MORE PARTICULUtLY DtSCk~OED AS toturnS: THAT PORnOI OF 8AID I&T 210, LYIw(1 WITHIN THE AREAS DCLIWEATCD AM0 DESIGNATED OR THAT HA? INO, 8322 AS "PORTIOH O? W’t 210 RESERVED FOR ?UIVRt STRUT.’