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HomeMy WebLinkAboutPCD 70; Chase, Gregory & Renee; 84-292088; Public Facilities Fee Agreement/Release" - 2009 RECORDING REQUESTED BY AND WHEN ,RECOKDED MAIL TO: > 844292088 .4 r j?i: t.: c kr fi r: u I& DFFICI,“II_ .;(T;Y. f:r;c; “-^ -‘i 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 l- ! COUH T Y RI. + Space above,this line for Recorder's use . Stgnature.,,of declarant deter . tax-firm name 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 REV 4-2-82 .. ,\ 1 ~3 , . . 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 , . . 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. -2- REV 4-2-82 ir -. . ..;” ‘, .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. -3- REV 4-2-82 .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 @ 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. ci -4- nz.1, t.-9-01 :*. 2013 ,. *.- 6. All obligatic , hereunder' shall term'inal in the event the . . . . i i r :. Requests made by Developer are not approved. r- 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, -s- REV 4-2-82 ,’ . :, . ..A _ . ‘* 2014 - 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.) : . q, i -a . _ REV 4-2-82 -6- 0 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 . ^, ’ a ,‘ ,. ,’ Sk * . - * <. ‘. $016 ’ ..’ EXHIBIT "A" LEGAL DES.CRIPTION v c 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. . . . t .- . . . - . . . . . . : -<2.. - ._ ‘k . . . :