HomeMy WebLinkAboutPCD 70; Chase, Gregory & Renee; 84-292088; Public Facilities Fee Agreement/Release" - 2009
RECORDING REQUESTED BY AND
WHEN ,RECOKDED MAIL TO:
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844292088
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OF SAN I;/fG.:r ;I,);:!,. !. y(;t,. 1
CITY OF CARLSRAD
1200 elm Avenue ~~9~ AL% - I M4 10: 03
Carlsbad, California 92008 > VEF,“, i_ L ‘,‘;.E
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City of Carlsbad .
Parcel No, 204-l 50-21
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSRAD FOR THE
PAYMENT OF A PHBLIC FACI.LITIES FEE
THIS AGREEMENT is entered into this 25thay of m- ;19_84 .
by and between Gregory
7 (name o.f developer-owner) -.
B j*ini <tenants ., . , hereinafter referred to as '
. (Corporat‘ion, partnership, etc.)
' "Developer" whose address is 3714 Rosecraft Lime
(street)
‘San Diego, Cali’forka 92106 ’
(City, state, zip code)
.and THE CITY OF
CARLSRAD, a municipal corporation of the State of California,
hereinafter referred to as "City", whose address is 1200 Elm Avenue,
Carlsba,d, California, 92008. '
WI TN E S SETH:
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 tis "Propertyti; and I - ., WHEREAS, The Property lies within the boundaries of City; and .
WHEREAS, Developer proposes a development project as follows:
Fourteen residential apartment complex
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on said Property, .t- ‘2Oul - which development carries the proposed name of
283 Acacia
and is hereafter referred to as "Development"; and
WHEREAS, Developer filed on the ;5th day of May
19 84 , with the City a request for -. P&UUIiZIg COlTUIliSSiOn
determlnation,relatl~e to density
,
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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
f,ile with-the City Clerk and is incorporated by this reference); and
WHEREAS, Develop-er and City recognize the correctness-of Council -..
Policy*No. 17, dated April'2, 1982c -in file with the .City Clerk a‘nd ' .
incorporated by'this reference:, and that t'he City's public facilities , _
and services tire at capacity and will not be .available to accommodate
the addi'tional need for'-public facilities.and services resulting from
the proposed Deve!.opment; 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 i
public facilities fee.
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..;” ‘, .I - NOW, 20.11 THEREFORE, ..II consideration,of the ret -als 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 excekd 2% of the building permit valuation of the
building or structures to .be constructed in the Development pursuant
to the Request. The fee shal.1 be paid prior to th*e issuance of
building or other construction permits for the .dev'elopment 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 p'ermit as provided in Chapter 21.47 of the' I. . a. .
Carlsbad Municipal Code. Co,ndominium'shall include community
apartment or sto'.ck' cooperative. The terms' "other construction
permits", "other'construction permit" and "entitlement for use" as 2 -.
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 undergrou'nd 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 $1,150 for each mohilehome s.pace to be
constructed pursuant to the Request. The fee shall be paid prior to
. (.?# * the issuance of building or other construction permits for the’k
development. This fee shall be in addition to any fees, dedications
'or improvements requir,ed according to Titles 18, 20.or 21 of the
Carlsbad Municipal Code.
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.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
t upon in Paragraph 1 above. If Developer offers to donate kt site or
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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 ihall be determined by City prior*to the . I .
iss'uance of any builrling 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 fu,nds to 'provide public facilities and services, and the . . . .
development will not be consist'ent with the General Plan and any
approval or p.ermit for the Development shall be void. No: building-or .,
other construotion permit or entitlement for us? 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
. c.3 - . enable Developer to comply with any \>?quirements of other public k
agencies as evidence of adequate 'public facilities and service's *.
sufficient to accommodate the needs of the Development herein
.
described.
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:*. 2013 ,. *.- 6. All obligatic , hereunder' shall term'inal in the event the
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Requests made by Developer are not approved.
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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 purp'ose 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, addres'sed 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 i'n the IJnited States
Mail, encl.osed in'a sealed envelope', addressed to Developer.at.-the - I. .
address as may have been designated, postage prepaid and certified. :
8. 'This agreement,shall be b'inding upon and shall inure to the
benefit of, and shall apply to;the respective successors and assigns 4 - .
of Developer and the City, and references to Developer or City herein I
shall be deemed to be reference to and inc.lude their respective
successors and assigns without specific mention of such successors
and assigns. If De'veloper 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 writ‘ing the Developer's
obligations hereunder.
9. This agreement shall be- recorded-but shall not create a lien
.
o.r security interest in the Property. When the obligations of this.
agreement have been satisfied, City shall record a release,
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IN WITNESS WHEREOF, this agreement is executed in San Diego
County, California as of the date .first written above. 1
DEVELOPER-OWNER:. 'CITY OF CARLSBAD, a municipal
corpo.ration of the
1 State of California
(name)
BY Gregory F. Chase & Renee M. C-e BY
City Manager joint tenants
(Title)
B'Y r/ -,_c ,; < >)s+,, ,_ -- i L g.,T .
3 4; 1 7yrlr? / .,* ...,'
(Tit e) L
ATTEST: . -. . . .
'ALETHA L .+ RAUTENKRrANZ, City Cle,rk'\
APPROVED AS TO
VINCENT F. BIONDO, JR.,
City At,torney , . .
‘(N t o aria1 acknowledgement of execution by DEVELOPER-OWNER must 'be attached.)
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GENERAL ACKNOWLEDGMENT NO. 201
State of California 1 On this the 6th day of June 1984, before me, I SS.
County of San Diego Gail Lee Dawson 9
the undersigned Notary Public, personally appeared
Gregory F. Chase and Renee M. Chase
~l:lNnlllwlllItnnffl~s~ffl~IIm~~~*~
I
-g GAIL LEE DAWSDN g
I
NOTARY PUULIC-CALIFORNIA 1
PRI~JCIPAL OFFICE IN :
SAN DIEGO COlJNTY B My Commission Expires Oct. aij, 1984 3 uuBmma8uIIIuusHnRulBmmm mltImlnm~
m personally known to me
0 proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) are subscribed to the
within instrument, and acknowledged that they executed it.
WITNESS my hand and official seal.
/ Notary’s Signatur// / I
7llO 122 NATIONAL NOTARY ASSOCIATION l 23012 Ventura Blvd. l P.O. Box 4625 l Woodland Hills. CA 91364
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..’ EXHIBIT "A"
LEGAL DES.CRIPTION
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Lot 17, Block "P" of PALISADES, in‘the City of Car&bad, Coucty of
San Diego, State of California, according to Map thereof No. 1747,
filed in the Office of the County Recorder of San Diego County,
February 5, 1923.
EXCEPTING t&e'Northeasterly 58.09 feet'of Lot 17.
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