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Home My WebLink AboutPCD 79; Thayer, Charles and Becky; 85-037015; Public Facilities Fee Agreement/Release‘c 1 -‘, - * : * RlfCDRD;NG REQUESTED BY dD I'- 1570 .c WHEN RECORDED MAIL TO: CITY OF'CARLSEAD- 1200 Elm Avenue Carlsbad, California 92008 ) . 1 .l-@&Ty f. 1 ,, :,, , VT_?/! 1.. [.;: c ..I ,x .,_, ; , Space above this k ,. e for #&'o~r's use gqo Fkis Documentary $ No f.ee Signature of declarant determining tax-firm name City of Carlsbad Parcel No. pc-- 2 73 - // AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this /'gddey of DE(># * n by and between c'.&&q&ggi; fi I ~fl/!p/ G p 1 &c/@ L . 7if+% - a mfl EC? . , hereinafter referred to as (Corporation, partnership, etc.) "Developer" whose address is ITT 2 3 '~.7‘ww34 L/J (street) s Al\3 myi! Jv’2 ( s;J’ 9 %a4 4 and TYE CITY OF (City, state, zip code) CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City", whose address is 1200 Carlsbad, California, 92008. WITYESSETH: WHEREAS, Developer is the owner of the real pr 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: REV 4-2-82 I_ 157p - on s’aid property, whit’. development carries the proposed name of I \ and is hereafter referred to as ‘Development”; and WHEREAS, Developer filed on the /fi day of DEL with the City a request for p L &e&J G 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 file with the City Clerk and is incorporated by this reference); arid 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 I 1572 1 ., < . ROW, THEREFORE, - consideration of the ret als and the covenants contained herein, the parties agree as follows: i. The DZveloper 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 Structure8 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 w condominium conversion shali 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 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 $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 impro.vements required 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 li%u 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 General Plan and any approval or permit for the Development shall be void. Yo 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 paym.ent 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- REV 4 “-82 “- I . . . . ‘, :- 1574 - 1 . . ~ . 6. All obligation. hereunder shall terminatt Ln the event the ‘I , .Requests made by Developer are not approved. 7. Any not-ice 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 n\otice 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 . : .‘- 157Ei B-658082 DESCRIPTION L That portion of Block 9 and of the alley lying within said Block 9 of Sunnyslope Tract of Carlsbad, in the City of Carlsbad, County of San Diego, State of 'California,' according to the Map thereof No. 486, filed in the office of the County Recorder of San Diego County, described as follows: Beginning at a point in the Southerly line of lot 19 of Knowles Park, according to Map thereof No. 3382, filed in the office of the County Recorder, .. distant thereon North 89' 43' OO".West 73.48 feet from the Southeasterly corner of said Lot 19; thence continuing North 8S", 43' 00" West 60.00 feet; thence South O" 17' West 140.00 feet to the North line of Laguna Avenue, as shown on said Map No. 486, being also the South line of Block 9; thence South 89' 43' East along said South line 60.00 feet; thence North 0' 17' East 140.00 feet to the point of beginning. . . 8 SAFECO ’ .I , ~ I,. ‘. 1376 - / . ‘ , I$q'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 &+=puzs Ah pzL++ya~ (name) (Title) BY ATTEST: ALETRA L. RAUTEkKRANE, City Clerq APPROVED AS TO FORM: . I VINCENT F. BIONDO, JR., City Attorney . (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) ? -6- REV 4-2-82 - 157: SAFECO TITLE INSURANCE STATE OF CALIFORNIA before me the undersigned, a , personally known FOR NOTARY SEAL OR STAMP to me or proved to me on the basis of satisfactory evidence to be the person- whose name& subscribed to the within instrument and acknowledged that x executed the same. OFFICIAL SEAL NOTARY PUBLIC - CALfFORNlA PRINCWAL OFFICE IN SAN DIEGO COUNTY personally appeured -I - ~.-_-.---., known to mr L to Ibe the person---.--whew within instrument and arknowlrtlgc4 thaL sume. - -_ . - R FOR NOTARY SEAL OR STAMP BEVERLY Il. AWDERSEN NOTARY PUBLIC CALIFORNIA PRINCIPAL OFFICE IN SAN OtEGO COUNTY My Commwcn Expiier Apt 7 1995