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HomeMy WebLinkAboutPIP 86-01; Carlsbad Crossroads Ltd; 86-376294; Public Facilities Fee Agreement/Release* - ( 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 I \- 1 . 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: -2- REV 4-22-86 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 -3- REV 4-22-86 . .’ 2245 -’ 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. -4- REV 4-22-86 , 1 I . 4 , . 2246 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. -5 REV 4-22-86 . .F- t : . - I . 2247 . 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.) -6- REV 4-2-82 -, 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 : ! 2249 - 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.