HomeMy WebLinkAboutPIP 86-01; Carlsbad Crossroads Ltd; 86-376294; Public Facilities Fee Agreement/Release*
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( 2242 - 86 376294 ? : .
. . . HECOROING REQUESTED BY AND ) 1.. 7,
’ 1 WHEN RECORDED MAIL TO: 1 1
~“.]::i-~j:~~~,“:~,tij;,-(:,. : j i 1 a “.‘&,;, F,.. I.,, : -8:' CITY OF CARLSBAD 1 , L': L:,', Jo. irk, ~~,~:~,a: ‘e i
1200 Elm Avenue
Carlsbad. California 92008
P,&S j!JJ; 28 PH I : 4 9
Space above tnis line for
Documentary transfer ta
Signature of declarant determining
tax-firm name
City of Carlsbad J J J
Parcel No. 20 y-OS/- OS, 0 g 0c 6bf "7
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into tnis 67 day of w 9 19 SP
Ls 0/D CfOSJR8PA L k .by and between 1
(name of developer-owner) '. . .
a , hereinafter referred to as (Corporation, partnership, etc.)
"Developer" whose address is
(City, state, and THE CITY OF
CARLSBAD, a municipal corporation of the State of California, hereinafter
m referred to as "City", whose address is 1200 Elm Avenue, Carlsb
92008.
WITNESSETk
WHEREAS, Developer is the owner of tne real property d
Exhibit "A":, attached her&O and made a part of this agreement, hereinafter
referred to as "Property"; and
WHEREAS, The Property lies within the boundaries of City; and
es?sdev#pme
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REV 4-22-86 .
, i 2243
. y, which development carries tne proposed name of
and is hereafter referred to as "Development"; and
WHEREAS, Developer filed on the
19pp, with the City a request for
hereinafter referred to as O'Request'l; and
WHEREAS, tne 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 witn need or sucn development
shall not be approved (said element is on file with the City Clerk and is
incorporated by this reference); and it
WHEREAS,"Developer and City recognize the correctness of Council Policy
No. 17, dated April 22, 1986, 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 tne proposed Development; and
WHEREAS, Developer has asked the City to find that public facilities
and services will be available to meet tne future needs of the Development as
it is presently proposed; but ttte 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.
NOW, THEREFORE, in consideration of the recitals and tne covenants
contained herein, tne parties agree as follows:
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1. The Developer shall pay to the City a public facilities fee in an
amount not to exceed 2.5% of the building permit valuation of the building or
structures to be constructed in the Development pursuant to the Request. Tne
fee snall 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 snall be in addition to any fees, dedications or improvements required
pursuant to Titles 18, 20 or 21 of tne Carlsbad Municipal Code. Developer shall
pay a fee for conversion of existing building or structures into condominiums in
an amount not to exceed 2.5% of the building permit valuation at the time of
conversion. The fee for a condominium conversion Shall be paid vior 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
i cooperative. 'Tne terms "other construction permits"'; “Other construction
permit" and "entitlement for use" as used in this agreement, except in reference
to mobilehome sites or projects, wall 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 the City a‘public facilities fee
in the sum of $11150 fOr”eaCh mobilehome space to be constructed pursuant to the
Request. Tne fee Shall be paid prior to the issuance of building or other
construction permits for the development. Tnis 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 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
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REV 4-22-86
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facilities, the City shall consider, but is not obligated to accept the of
and amount of credit against the fee shall be determ Tne time for donation
by City prior to the
determination, when m
fer.
ined
issuance of any building or other permits. Such
ade, shal become a part of this agreement. Sites donated
include improvements required pursuant to Titles
pal Code.
under tnis paragraph shall not
18 or 20 of the Carlsbad Munic
3. This agreement and tne fee paid pursuant hereto are required to
ensure,the consistency of tne Development with the City's General Plan. If the
fee is not paid as provided herein, the City will not nave 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 otner construction permit or entitlement for use shall be issued.
h
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 tnis and similar public facilities fees are
available. '.
5. City agrees to provide upon request reasonable assurances to enable
Developer to comply witn any requirements of otner public agencies as evidence
of adequate public facilities and services sufficient to accommodate the needs
of tne Development nerein described.
6. All obligations nereunder Shall terminate in the event tne Requests .
made by Developer are not approved.
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7. Any notice from one party to the other snall be in writing, and
snail be dated and -signed by the party giving such notice or by a duly
autnorized representative of SucII 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 nerein, enclosed in a sealed envelope, addressed to tne
City for attention of tne City Manager, postage prepaid and certified.
7.2 If notice is given to Developer by personal delivery thereof
to Developer or by depositing tne 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.
iL
8. Tnis agreement shall be binding upon. and shall ensure to the
benefit of, and snall apply to, the respective successors and assigns of
Developer and the City, and references to Developer or City nerein snall be
deemed to be reference to and include tneir respective successors and assigns
Without specific mention of sucn successors and assigns. If Developer should
cease to have any interest in the Property, a]1 obligations of Developer
hereunder Shd 1 terminate; provided, however, that any successor of Developer's
interest in the property Shall nave 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.
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IN WITNESS WHEREOF, this agreement is executed in San Diego
County, California as of the date first written above.
DEVELOPER-OWNER:
.
ATTEST:
CITY OF CARLSBAD, a municipal
corporation of the
State of California
Development Director
APPROVED AS
,
VINCENT F. BIONDO, JR.,
r City Attorney
(Notarial acknowledgement of execution by DEVELOPER-OWNER must be
attached.)
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2240
STATE OF CALIFORNIA
COUNTY OF > ss
ON _____________ &&!-25 ________________________________________---- _ _______ _ ----, 19&6, before me, the
undersigned, a Notary Public in and for said County and State, personally appeared
-.Ne..i.!..-J..---pl~~~~-~~--~~~---~~~~~--~~-~--~-~-~~~~~~ ___________________ _ ____ _ _________----------_--
proved to me on the basis of satisfactory evidence to be the persons-..- that
executed this instrument, on behalf of the partnership and acknowledged to me
that the partnership executed it.
PARTNERSHIP ACKNOWLEDGMENT
Form No. 11 Rev.1.a2
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EXHIBIT "A"
LEGAL DESCRIPTION
All of Lots 3, 4, 5 and 6 of CARLSBAD TRACT NO. 74-21, in the City of Carlsbad,
County of San Diego, State of California, according to Map thereof No. 10372,
filed in the Office of the County Recorder of San Diego County, April 13, 1982,
together with that portion of Dolphin Court, as vacated and closed to public
use by Resolution No. 8553.