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Home My WebLink AboutPIP 86-04; Davis, Everett; 86-454894; Public Facilities Fee Agreement/Release- 86 454894 _*.- - + L . : RECORDING REQUESTED BY AND -- f-,i- [,L:j!fiJL:;j 1t.j WHEN RECORDED MAIL TO: (:k t ;r;l:.l- !G ,(:t<il!, . . 2' SAti sii(i(] Ci.TLjtil f. Ltk. I CITY OF CARLSBAD j 1200 Elm Avenue f)& OCT - 9 Al4 9: 38 Carlsbad, California 92008 vEf::A L.\-'r'i tt CIJUN 1 y IiCCOR IJCI~ - Space above tnis line for Recorder's use Documentary transfer tax- j&4&- I - d RF/D . GR E MG / Signature of declarant determining ,\->' tax-firm name City of Carlsbad Parcel No. c$/+odD’36 AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this s/ day of ,++$&&r , 19g. iL .by and between Ed.&@ D&/5 (name of developer-owner) a k%??~kZX5&P [70 A& :ofifl~a) (Corporatiocpartnership, etc.) - , hereinafter referred to as "Developer" whose address is sQ(G /<$$et &?...&c~P 3~~4 F&Z- ( 1 &I 4Qd7 and THE CITY OF (City, state,. zip code) CARLSBAD, a municipal corporation of the State of California, hereinafter , . referred to as "City", whose address is 1200 Elm Avenue, Carlsb 92008. WITNESSETH WHEREAS, Developer is tne owner of'tne real property described on Exhibit "A":, attacned 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, Oeveloper proposes a development project as follows: REV 4-22-86 . L on said Property, which development carries the proposed name of and is hereafter referred to as "Development"; and WHEREAS, Developer filed on the 19 86 With the City a request for / 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 tne 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 tne 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 facil‘ities and services will be available to meet tne 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. NOW, THEREFORE, in consideration of the recitals and tne covenants contained herein, tne parties agree as follows: -2- REV 4-22-86 . il+ 891 1. Tne 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 wall be paid prior to the issuance of building or other construction permits for tne development and Shall be based on the valuation at tnat time, This fee Shall 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 mount not to exceed 2.5% 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 permit as provided in Chapter 21.47 of the Carlsbad Municipal Code. Condominium shall include community apartment or stock Q cooperative. The terms "other construction permitsU',."otner construction permit" and Nentitlement for use" as used in this agreement, except in reference to mobilenome sites or projects, shall not refer to grading permits or other permits for tne construction of underground or street improvements unless no Other permit iS necessary prior to the use or~occupancy for whicn the development is intended. Developer Shall pay the City a public facilities fee in the sum of $1;150 for'each mobilenome 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 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 . d I 832 ' facilities, the City shall consider, but is not obligated to accept tne offer. The time for donation and anount of credit against the fee shall be determined by City prior to the issuance of any building or otner permits. Such determination, when made, snail become a part of this agreement. Sites donated under this paragrapn snail not include improvements required pursuant to Titles 18 or 20 of the Carlsbad Municipal Code. 3. Tnis agreement and the fee paid pursuant hereto are required to ensure.the consistency of the Development with the City's General Plan. If tne 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 tne Development shall be void. No building or otner construction permit or entitlement for use snall be issued. it until the -publi,c facilities fee required by.this agreement is.paid. 4. City agrees to deposit tne 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 tne 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 other public agencies as evidence of adequate public facilities and services sufficient to accommodate the needs of the Development herein described. 6. All obligations nereunder Shall terminate in the event tne Requests . made by Developer are not approved. -4- REV 4-22-86 .d 893 7. Any notice from one party to the other shall be in writing, and snail be dated and -signed by the party giving such notice or by a duly authorited 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 notice iS given to the City of personal delivery thereof to the City or by depositing same in the United States Mail, addressed to tne City at the address set fortn herein, enclosed in a sealed envelope, addressed to the 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 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. h 8. Tnis agreement snail be binding upon and snall ensure to the benefit of, and snail apply to, the respective successors and assigns of Developer and the City, and references to Developer or City nerein shall be deemed to be reference to and include their respective successors and assigns Wi thOUt specific mention of such successors and assigns. If Developer should cease to' have any interest in the Property, all obligations of Developer nereunder shall terminate; provided, however, that any successor of Developer's interest in the property snail 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 - . IN 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 /GA?cQK’pt ~/w/3 (name) BY '-&y&&y * BY (Title) For F. 0. Ale&?-e, City Manager BY (Title) it .ATTEST: City Attorney (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) -6- REV 4-22-86 , STATE OF CALIFORNIA COUNTY OF n ss. 2 On this 21St day of A-t in the year 19% , before me, the undersigned, a Notary Public in and for said County and State, personally appeared Elverett Davis personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name S subscribed to the within instrument and acknowledged thtt A executed the same. Signature Name (Typed or Printed) Notary Public in and for said County and State * Y 895 ’ OFFICIAL SEAL - - - i KATHLEEN K. STOKES i Flcta?; Put&c-Callfornta Prtnc:Cal Office In ? San Diego County ; Y him Exp. June 24. 19RRO 1~117 REV 1 /I33 MAINE FOR NOTARY SEAL OR STAMP . : . . EXHIBIT “A” LEGAL DESCRIPTION 3 ’ 3. 896 Lot 11 of CARLSBAD TRACT NO. 79-1, in Map No. 9389, in the City of Carlsbad, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County, September 26, 1979 as File No. 79-402987 of Official Records h