HomeMy WebLinkAboutPIP 87-01; Dyna-Industries; 87-086622; Public Facilities Fee Agreement/Release3: 322
. . . ' RECORDING REQUESTED BY-AND )
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CITY OF CARLSBAD
1200 Elm Avenue \
Carlsbad, California 92008 ) I
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Signature of declarant determining
tax-firm name
City of Carlsbad
Parcel No. 213 050
Book rage
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBACJ FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
04 and 05 Parcel
THIS AGREEMENT is entered into this 19th day of January , 19 87
by and between Dyna-Industries
(name of developer-owner)
a Corporation , hereinafter referred to as
(Corporation, partnership, etc.)
"Developer" whose address is 6300 Yarrow Drive
(street)
Carlsbad, California 92009
(City, state, zip code)
and THE CITY OF
CARLSBAD, a municipal corporation of the State of California, hereinafter
referred to as "City", whose address is 1200 Elm Avenue, Carlsbad, California,
92008.
WITNESSETH:
WHEREAS, Developer is the owner of the real property described on
Exhibit 'IA":, 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:
c . on said Property, which development carries the proposed name of
Dyna-Med
and is hereafter referred to as "Development"; and
WHEREAS, Developer filed on the 29th day of January ,
1987 , With the City a request for a tentative map for a minor subdivision.
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); and
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
tnis 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 nas 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 tne Developer is aware that tne City cannot and
will not be able to make any such finding without financial assistance to pay
Developer proposes to help
il Policy No. 17 by payment of
for such services and facilities; and therefore,
satisfy tne General Plan as implemented by Count
a public facilities fee.
NOW, THEREFORE, in consideration of the
contained herein, the parties agree as follows:
recitals and tne covenants
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REV 4-22-86
8
- ‘.,. 3 32,
1. Tne Developer snall 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 tne Request. Tne
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 wall 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 of existing building or structures into condominiums in
an amount not to exceed 2.5% of tne 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
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, Shall not refer to grading permits or otner
permits for tne 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 tne sum of $1,150 for each mobilenome space to be constructed pursuant to the
Request. The fee shall be paid prior to tne issuance of building or otner
construction permits for the development. Tnis fee wall be in addition to any
fees, dedications or improvements required according to Titles 18, 20 or 21 of
tne 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
facilities, tne City Shall consider, but is not obligated to accept the offer.
The time for donation and amount of credit against tne fee Shall be determined
by City prior to the issuance of any building or otner permits. Such
determination, When made, Shall become a part of tnis 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 witn the City's General Plan. If tne
fee is not paid as provided herein, tne City will not have the funds to provide
public facilities and services, and the development will not be consistent With
tne 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
until tne public facilities fee required by tnis 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 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 enable
Developer to comply With any requirements of otner public agencies as evidence
of adequate public facilities and services sufficient to accommodate tne needs
of tne Development herein described.
6. All obligations hereunder Shall terminate in the event tne Requests
made by Developer are not approved.
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REV 4-22-86
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 purpose Whatsoever UfileSS SeWed in one of the following manners:
7.1 If notice is given to the City of personal delivery thereof t0
the City or by depositing same in tne 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 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.
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 herein shall be
deemed to be reference to and include their respective successors and assigns
witnout specific mention of such successors and assigns. If Developer snould
cease to have any interest in the Property, all obligations of Developer
hereunder snall terminate; provided, however, that any successor of Developer's
interest in the property snail have first assumed in writing the Developer's
obligations nereunder.
9. Tnis agreement Shall be recorded but Shall not create a lien or
security interest in the Property. When the obligations of tnis agreement have
been satisfied, City shall record a release.
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REV 4-22-86
. _ .- 2 I . s 3-7 , 8
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
Dyna-Indqtries
BY
President/CEO
ITItle)
BY
BY
City Manager
ATTEST:
APPPQ\'E!'J AS TO FORM:
APPROVED AS TO FORM: VI"' T F. BIONDO, JR., CITY ATTORNEY
BY -e Cd QL. 2.c.6?5
RONALD R. BALL VINCtNT I-. BIONDO , JR l 9 City Attorney
(Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.)
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-,
CORPORATE ACKNOWLEDGMENT 1 NO. 202
State of California
San Diego SS.
County of
On this the 1w3ay of January 19_8_2_, before me,
Barbara J. Eder
the undersigned Notary Public, personally appeared
,
PRINCIPAL OFFICE IN SAN DIEGO COUNT)’ f
Glenn F. Hare
x3 personally known to me
0 proved to me on the basis of satisfactory evidence
to be the person(s) who executed the within instrument as President or on behalf of the corporation therein
named, and acknowledged to me that the corporation executed it.
WlTNESSmv hand and official seal. kf i45&-%. 2a-L
Notary’s Signature
NATIONAL NOTARY ASSOCIATION l 230X? Ventura Blvd. l PO. Box 4625 l
EXHIBIT "A"
LEGAL DESCRIPTION
Being all of Lots 9 and 10 of Carlsbad Tract No. 73-49 (C.C.&F.
Palomar Airport Business Park) Unit No. 1, in the City of Carlsbad,
County of San Diego, State of California, according to Map thereof
No. 8054, filed in the office of the County Recorder of San Diego
County, December 31, 1974.