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HomeMy WebLinkAboutPIP 87-01; Dyna-Industries; 87-086622; Public Facilities Fee Agreement/Release3: 322 . . . ' RECORDING REQUESTED BY-AND ) ~ WHEN RECORDED MAIL TO: ) ) CITY OF CARLSBAD 1200 Elm Avenue \ Carlsbad, California 92008 ) I \ \iEir;li I-. L-'r'L i: COll!i i Y iKt:IliiOi i! -- --I Space above this line for Recorder's use Documentary transfer tax: 6 w RF ’ l!z!Fl AR MG 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 -2- 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 -3- 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. -4- 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. -5- 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.) -6- REV 4-22-86 -, 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.