HomeMy WebLinkAboutPCD 50; Chen, Ming Chuan; 83-304717; Public Facilities Fee Agreement/Release.
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' RECORDING REQUESTED BY ..IND . ) 1915 830"C4717
WHEN RECORDED MAIL TO: . r-
%CQFiDEn :N OFflCm firc~‘r:fis
-i OFSAN OICc;rJ &J:,,TY,CA.
CITY OF CARLSRAD
1200 Elm Avenue ml3 Al% 29 AM 9: 5r,
Carlsbad, California 92008 )
t CfHilrT Y irtr..., . VE;;‘t? ! c- . 1. .’ 1 r t ,. ,. FIpn f NO FEE
Space above th%s-line'for &.cbrder's use
Documentary transfer tax: $ No fee $?! Signature of declarant determining
tax-firm name
City of Carlsbad
Parcel No. cgi@&-mL/Ic( -
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this 2 day of F
by and between bllq c&w C/-Ed
(name of developer-owner)
a , hereinafter referred to as
(Corporation, partnership, etc.)
"Developer" whose address is 4031 7kfiPuF77 c-t.
(street)
mty, state, Zip code)
and THE CITY OF
CARLSBAD, a municipal corporation of the State of California,
hereinafter referred to as "City", whose address is 120 venue,
Carlsbad, California, 92008.
WITNESSETH:
;8;'1')11.
. WHEREAS, Developer is the owner of the r.eal 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:
39 ~PmvT--EA// L'u t/s
REV 4-2-82
1 - 1916 - 1 *
on said Property, which development carries the proposed name of
/zQo5~&Rz-- pPPer-e@rJ
and is hereafter referred to as uDevelopment”; and / -4 WHEREAS, Developer filed on the Z&g-day of J ULCJ 9
19 (3, with the City a request for pLA4hlAtie 1LiI*tcCS/Qd
~~‘i-mulrK/&-TCO~ - -pc r>- K-0
hereinafter referred to as “Request”; and
c
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 April 2, 1982, in 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.
-2-
REV 4-2-82
1917
,/ NOW, THEREFORE, A consideration of the ret cals 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 2% of the building permit valuation of the
I 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 o f existing building or structures
into condominiums in an amount not to exceed 2% 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 t,erms "other construction
permits", "other construction 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 permits for the
construction of underground or street improvements unless no other
permit is necessary prior to the use or occupancy for which the
development is intended. Developer shall pay to City a public
facilities fee in the sum of for each mobilehome space to be
constructed pu'rsuant 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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REV 4-2-82
, . 1918 -
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 with the'Genera1 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 services
sufficient to accommodate the needs of the Development herein
described.
-4-
*. .,’ ‘* . . 1919 -
6. All obligatioi.3 hereunder shall terminatr- in the event the
Requests made by Developer 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 of 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 for attention of the City
Manager, postage prepaid and certified.
7.2 If notice is 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 inure to the
benefit of, and shall apply to, the respective successors and assigns
of Developer and the City, and references to Developer or City herein
shall 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 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.
-5-
REV 4-2-82
1920 - .s ’
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 California
Mbuq &alAN ME-U
(name)
ATTEST:
BY
City Manager
APPROVED AS TO FORM:
VINCENT F
iCity Atto
. BIONDO, JR.,
rney
'(Notarial acknowledgement of execution by DEVELOPER-OWNER must be
attached.)
-6-
REV 4-2-82
Individual Acknowledgement
19 a., before me, the undersigned, a Notary Public in and for said
personally known to me (or proved to me on the basis of satisfactory
name ,a subscribed to this instrument and acknowledged that
whose
WITNESS my hand and official seal.
Notary Public in and for said County and State
PR;NCIPAL OfFlCE IN
SIN DIES0 COUNTY
My Commission Expkes November 1, 1983
TT-14 Rev 8-82 I J
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6
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-3CRIPTION
* I 1922
,. ORDER NO, A 33499-A
PARCELL:
All that portion of Block 29 and all of fractional Block "D"; also the alley in said Block 29 and the alley in said fractional Block "D"; also that
portion of Palm Avenue lying Southwesterly of the Southwesterly line of Second
Street and Northeasterly of the Northeasterly line of First Street; and that
portion of First Street lying Southeasterly of Chestnut Avenue, Northeasterly of said fractional Block 'ID", Southwesterly of said Block 29 and Southwesterly of the aforesaid portion of Palm Avenue, all as closed by Order of the Board of Supervisors of the County of San Diege on March 3, 1891; all in the TOWN OF
CARLSBAD, in the-City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 775, filed in the Office of the County Recorder
of San Diego County, February 15, 1894.
Together with those portions of Lots 1 and 2 in Section 7, Township 12 South,
Range 4 West, San Bernardino Base and Meridian, in the City of Carlsbad, County of San Diego, State of California, according to United States Government Survey approved October 25, 1875, described as a whole as follows:
Beginning at the intersection of the East line of. said Lot 1 in Section 7,
Township 12 South, Range 4 West, San Bernardino Base and Meridian, with the
Northeasterly line of the Atchison, Topeka and Santa Fe Railway right of way;
thence Northerly along said East line of said Lot 1, North O"28' West 115.65 feet to the Northwesterly line of Tract 231 of Thum Lands, according to Map
thereof No. 1681; thence along said Northwesterly line and its Northeasterly
extension North 55"27'00' East 434.93 feet to the Southwesterly line of Second
Street, in the TOWN OF CARLSBAD; thence Northwesterly along said Southwesterly
line of Second Street, North 34"33'00" West 180.00 feet to the Northeasterly
comer of land described in deed to Calista Plyler, a widow, recorded January 14, 1969 as File No. 7382 of Official Records; thence Southwesterly along the
Northwesterly boundary of said Plyler's land South 55"27'00' West 150.00 feet
to an intersection with the Southeasterly prolongation of the center line of *
the alley in said Block 29, said intersection being the TRUE POINT OF
BEGIl!!ING; thence along said Southeasterly prolongation and centerline, North
34"33'00" West to the Southwest comer of the Southwesterly prolongation of
the Southeasterly line of the Northwesterly 11.00 feet of Lot 27 in said Block 29; thence South 55"27'00' West to the Northeasterly line of said Railway
right of way; thence Southerly along safd right of way South 34"33'00" East to
the Northwesterly comer of said Plyler's land; thence along the Northwesterly boundary of said Plyler's land North 55"27'00" East to the TRUE POINT OF BEGINNING.
PARCEL 2:
All that portion of Block 29 and the alley in said Block 29; also that portion of Palm Avenue lying Southwesterly of the Southwesterly line of Second Street and Northeasterly of the Northeasterly line of First Street; both as closed by Order of the Board of Supervisors of the County of San Diego on March 3, 1891; all in the TOWN OF CARLSB.AD, in the City of Carlsbad, County of San Diego,
State of California, according to Map thereof No. 775, filed in the Office of the County Recorder of San Diego County, February 15, 1894, described as a whole as follows:
1923 ORDER NO.-33499-A
Beginning at the intersection of the East line of said Lot 1 in Section 7,
Township 12 South, Range 4 West, San Bernardino Base and Meridian, in the City of Carlsbad, County of San Diego, State of California, with the Northeagterly line of the Atchison, Topeka and Santa Fe Railway right of way; thence
Northerly along said East line of said Lot 1, North Cl"28' West 115.65 feet to
the Northwesterly line of Tract 231 of Thum Lands, according to Map thereof No. 1681; thence along said Northwesterly line and its Northeasterly extension
North 55"27'00" East 434.93 feet to the Southwesterly line of Second Street,
in the TOWN OF CARLSBAD; thence Northwesterly along said Southwesterly line of
Second Street, North 34"33'00" West 180.00 feet to the Northeasterly corner of land described in. deed to Calista Plyler, a widow, recorded January 14, 1969 as File No. 7382 of Official Records, said Northeasterly comer being the TRUE POINT OF BEGINNING; thence Southwesterly along the Northwesterly boundary of said Plyler's land South 55"27'00" West 150.00 feet to an intersection with
the Southeasterly prolongation of the centerline of the alley in said Block
29; thence along said Southeasterly prolongation and centerline North 34"33'00" West 63.18 feet; thence North 55"30'15" East 150.00 feet to said Southwesterly line of Second Street; thence Southeasterly along said
Southwesterly line South 34"33'00" East 63.25 feet to the TRUE POINT OF BEGINNING.
8/10/83 atk