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HomeMy WebLinkAboutPCD 50; Chen, Ming Chuan; 83-304717; Public Facilities Fee Agreement/Release. : ‘,, ' 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. -3- 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 . *. \’ . 6 . * -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