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HomeMy WebLinkAboutPCD 52; Jeanene Enterprises Inc. & Kap Development Corp.; 83-332381; Public Facilities Fee Agreement/Release“_. . _ ._.- . __--__ . . - .i 1500 . , " RECdRDING REQUESTED BY AND %I WHEN RECORDED MAIL TO: -c. @-3323&i., r Fi::ci3!:l!i I‘) [fJ C1FFlCti+L fiEi.EitJ~~; 0;’ s;\ji Cl/.;3 pf*E,; f’.y,,‘i’F., .I CITY OF CARLSBAD IS83 SEP I g ),)I 8: 23 1200 Elm Avenue Carlsbad, California 92008 ; VEi’,~ i_, I_“ i :’ L coc1.i; ‘:’ rz,; l::I’:;(;;-.f{ ; t L.-i Space above this line for Recorder's use iv8 FEE Documentary t_ranafer tax: $ No fee lm? Signature of declarant determining tax-firm name City of Carlsbad Parcel No. ' IX-170 -a $27 AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 31 day of AH,. , 1931 d by and between KM Q (rut Od ,,f LY#. (N&e of Develop(kr) a cc2 ,A& -, hereinafter referred to as (Corporati partnership, etc.> "DeGeloper" whose address is WY-0 Street) CI. 9 LQk 3 (4:ity,State, Zip Code) and JeaneneEnterprises, Inc. Corporation a-77Xjp~rstion, etc.) "Owner" whose a%h!PSJ@fkson Street 2503 Jefferson St (Street) Carlsbad, Ca 92008 . I (City, State, Zip Code) AND .'the CITY bF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as “City”, whose address is 1200 Elm Avenue, Carlsbad, California, 92008. pc b 4-J- . .’ RECITALS 1501 -- WHEREAS, Owner is the owner of the real property described on Exhibit "A", attached to and made a part of this agreement, and hereinafter referred to as "Property"; and WHEREAS, the Property lies within the boundaries of City; and WHEREAS, Developer has contracted with Owner to purchase the Property and proposes. a development project as follows: 4 If+*1 $ GbJlhY “cm !?I&. . on said Property, which development carries the proposed name of ifsw~ PLL and is hereinafter referred to as “Development"; and WHEREAS, Developer filed on the 31 day of A,,. ', 19 83 , with the City a request for l/6 h/ A e p-q -1 'I . (I 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 fiie with the City Clerk and incorporated by this reference); and WHEREAS, Developer, Owner and City recognise the correctness of Council Policy No. 17 dated April 2, 1982, 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 -2- REV 4-2-82 1502 - WHEREAS, Developer and Owner have 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 and Owner are aware that the City cannot and will not be able to make any such findings without financial assistance to pay for such services and facilities; and, therefore, Developer and Owner propose 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: s 1. The Developer and Owner shall pay to the City a public facilities fee in an amount not to exceed 2% 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. 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 and Owner shall pay a fee for conversion of 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 terms “other construction permits”, “other construction permit” and “entitlement for use” as used in this agreement, except in reference to mobilehome sites or -3- REV 4-2-82 .~’ . 1503 - ’ 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 and Owner shall pay to 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 and Owner may offer to donate a site or sites for pub’lic facilities in lieu of all or part of the financial obligation agreed upon in Paragraph 1 above. If Developer and Owner 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 L 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 General 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- . -- . . . 1504- 4. Cit.y agrees to deposit the fees paid pursuant to this agre’ement*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 and Owner 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. 6. All obligations hereunder shall’terminate 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 authorised 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 I thereof to the City o’r 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. . *. REV 4-2-82 -5- .: . _- . ,a c 1505 - 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, Owner and the City, and references to Developer, Owner 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. At such time as Owner ceases to have any interest in the Property, all obligations of Owner hereunder shall terminate; provided, however, that if any successor to the Owner’s interest in the Property is a stranger to this ,agreement, such successor has first assumed the obligations of owner in writing in a form acceptable to . City. 9. This agreement shall be recorded.but shall not create a lien or security interest on the Property. When the obligations of this agreement have been satisfied, City shall record a release. -6- , + . . IN WITNE‘SS WHEREOF, this agreement is executed in San Diego County, Cfilifornia as of the date first written above. owm: J2anene Enierprises, Inc. *1 ATTEST: ALETHA L. RAUTENKRANZ City Clerk DEVELOPER: ML K,(c&- u BY - TITLE ~ucrad y TITLE CITY OF CARLSBAD, a municipal car-poration of the State of California BY City Manager APPROVED AS TO FORM: , VINCENT F. BIONDO, JR., L _._ City Attorney (Notarial acknowledgement of execution by DEVELOPER and OWNER must be attached.) -7- REV 4-2-82 TO ,945 CA (8.74, (Corporation) STATE OF CALIFORNIA ) 1507 COUNTY OF an Diem I ss. On Aumub 31. 1983 before me, the undersigned, a Notary Public in and for said State, personally appeared Jeans- A* bh”~‘on , known to me to be the President, and known to me to be Secretary of the corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. YtCNAEf. N. MEYERS l&lAf?Y PUBLIC - CAUFORNIA PRINCIPAL OFFICE IN SAN DIEGO COUNTY Signature Mtih t $m STATE OF CALIFORNIA I C0UNl-f OF San Diego On this the 31s$,ayofAugust I ss. I 1983 before me, the undersigned Notary Public, in and for said County and State personally appeared Mike Kupfer proved to me on the basis of satisfactory evidence to be the President, and proved to me on the basis of satisfactory evidence to be Secretary of the corporation that executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of it’s board of directors, n (This area for olBcia1 notarial seal) FOR NOTARY SEAL OR STAMP SHARON M. CAMPBELL NOTARY PUBLIC-CALIFOPJU PRIHCIPAL OFFICE IN SAN IlIECfI COIINl-‘y @ SAFE00 I’ * . . 1 r * ,,r * ,~ . . 1 . B-636492 EXHIBIT "A“ - 1508 ” , PARCEL 1: _,. The Easterly 235.00 feet of that portion of Lot 1 in Section 1, Township 12 South, Range 5 West, San Bernardino Meridian, in the City of Car&bad, County of San Diego, State of California, according to Official Plat thereof, described as follows: . Beginning at the Northeast corner of said Section 1; thence South OO"O5'OO" West along the Easterly line of said Section, 756.00 feet to the True Point of Beginning; thence continuing South OO"O5'00" West, 88.00 feet; thence North 89'55'00" West, 495.00 feet to the West line of the East 15 acres of Lot 1; thence along said West line North OO"O5'00" East, 88.00 feet; thence South 89°55'OO" East, 495.00 feet; more or less to the True Point of Beginning. PARCEL 2: The Northerly Half of that portion of Lot 1 in Section 1, Township 12 South, Range 5 West, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California, according to Official Plat thereof, described as follows: Beginning at the Northeast corner of said Section 1; thence South OO"O5'00" West along the Easterly line of- said Section, 668.00 feet to the True Point of Beginning; thence continuing South OO"O5'OO" West, 176.00 feet; thence North 89°55'OO" West, 495.00 feet to the West line of the East 15 acres of Lot 1; thence along said West line North 00"05'00" East, 176.00 feet; thence South 89"55'00" East, 495.00 feet more or less, to the True Point of Beginning. 8 SAFECO