HomeMy WebLinkAboutPIP 87-13; Real Property Services Corp; 88-011419; Public Facilities Fee Agreement/Release‘,,cc-;?I-’ 87 MON 11: 1’7 1 D: WST I NHFINSEN FEHLPlGN TEL NO: 619-458-I 160 #207 P04
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RECOi?,DlNG REQUESTED BY AND 1 $q;[; :?;;f; f; ‘i,‘; ----I
WHEN RECORDED MAIL TO:
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CITY OF CARLSBAD
1200 Elm Avenue Carlsbad, California d2008
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Documentary transfer tax: e
Signature of declarant determining
tax-firm name
City of Carlsbad
Parcel No.
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this 2Z- day of t;(scehm-,
19a7 by and between REAL PROPERTY SERVICES CORP. -&I
(Name of developer-owner)
a California CorDoration ‘, hereinafter referred to, ac
(Corporation, partncrshfp, etc. )
“Developer” whose address is 6634’Vali ean Avenue ..-A (Street]
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Van NuuA 91406 (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 “A”:, attached hereto and made a part of this agreement, hereinafter
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referred to as “Property”; and i
WHEREAS, The Property lies within the boundaries of City; and 1
WHEREAS, Dcvctoper proposes a development project as follows:
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#207 P05 DEC-21-‘87 MON 11: ia ID:I~U~TINH~~NSEN FEHLMRN TEL t-40:619-458-1160 . -. 1 4” 959 -
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con said Property, which development carries the proposed name of
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and is hereinafter .referred to as 8qDevelopment”; and
WHEREAS, ‘Developer filed on the 18th day of December ,
.,..-.. I ._. .._ 1 . _. , g "'87' .; with the- City a request for "a'Plan&d Industr'ial 'Permit
hereinafter referred to as I’Request”; and
WHEREAS, the Public Facilities Element of the City General P!an
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 bc approved (said element is on file with the City Clerk and is incorporated
by this refer&e); and
WHEREAS, Developer and ,City recognize the correctness of Council
Policy No. 17, dated July 28, 1987, on fife with the City Clerk and
incorpora ted by this reference, and that the City’s public facilities and services
are at capacity and will not be available to accommodate the additlonal need for
public facilities and services resulting from the proposed Development; and
WHEREAS, Developer has asked. the City to find that public facilities
and services will be available to meet the 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 the convenants
contained herein, the parties agree as follows:
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DEC-21-‘87 MON 11:18 1D:RUSTINHRNSEN FEHLMAN TEL N0:619-458-1168
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8207 P06
J 1. The Developer shall pay to the City a public facilities fee in an
amount not to exceed 3.5% of the building permit valuation of the building or .
structures to be constructed in the Development pursuant to the Request. The
fee shall be paid prior to the issuance of building or other construction permits
_. .-. . - ‘f&‘ th&*&velopment-and shall be’ based ‘on the valuation at that’time. This fee
shall be in addition to any fees, dedications or improvements required pursuant
to Titles 18, 20 or 21 of the Carlsbad IMunicipal Code. Developer shall pay
a fee for conversion of existing building or structures into condominiums in
an amount not to exceed 3.5% 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 cooperative. The terms “other construction permits”, “other
construction permit” and “entitlement for use” as used in this agreement,
except ,in reference to mobile home sites or projects, shall 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 $1,150 for each mobile home 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
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DEC-21-’ 87 NON 11: 13 ID: RUST I NHGb.I’rEN FEHLI’W TEL NO: 613-458-1160 3 h d 961 -1 .
tG’07 P07
facilities, the City shalt consider, but is not obligated to accept the offer. The
time for donation and amount of credit against the fee shall be determined’ by
City prior to the ..issuance of any building or other permits. Such
determination, when inade, shall become a part of this agreement. sites
. .: . . _ _ _ ,,._ . . .-. _ ._ . . 1 I donated under this ‘paragraph shall not i&lude improvements requirkd 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 with the City’s General Plan. If
the 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 the 1
Development shall be void. No building or other construction permit or
entitlement for use shall be issued 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
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I 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 other public agencies as
evidence of adequate public facilities and services sufficient to accommodate the
needs of the Development herein described.
6. All obligations hereunder shall terminate in the event the Requests
made by Developer are not approved.
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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 purpuse- whafsoever~ unless served in one of the following manners:
7.1 If -notice is given to the City by personal delivery thereof to
the City or by depositing same in the 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 the 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 enveEope, addressed to Developer at the address as may have been
designated, postage prepaid and certified.
8. This agreement shall be binding upon and shall ensure to the
beneii t of, and shall apply to, the respective successors and assigns of
Developer and the City, and references to Developer City herein shall be
deemed to be references to and include their respective successors and assigns
without specific mention of such successors and assigns. If Developer should
cease to have any interest in the Property, all obligations of Developer
hereunder shall terminate; provided, however, that any successor of
Developer’s interest in the property shall have 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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j),ZC-21-‘87 NON 11:33 ID:QLiSTINHANSEN FEHLMRN TEL N0:619-458-1160
. d i 963 - . l .
#207 P88
‘* IN WITNESS WHEREOF, this agreement is executed in San Diego County,
California as of the date first written above.
DEVELOP&R-OWNER:
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CITY OF CARLSBAD, a municipal
corporation of the ., . ._ . . State of California
mRTIN ORENYAK \
For City ,?4anager
Secretary (Title)
ATTEST :
APPk0VED AS TO FORM:
APPROVED AS TO FORM\rl F. BlOi’jDO, JR., CITY ATTORNEY
/* s-- t-k.
VINCENT F. BIONDO, JR., Rf-HQyLD Ry B&Lt
City Attorney
(Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached,)
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REV 7-28-87
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STATE OE’ CAT, I P’OI:N I A >
)s:;.
COUNTY OF LOS ANGEl,ISS )
On this 21st day 0 f Wc:cmbe r 1987, Gi,EO I t! me , t h c uridcr s iqncd, a Notary Pub1 ic’ in and for said St.ciCP, personally appeared IARRY I,. S1,ORNAKP.i: , known to me t-o be the Exccut ive
Vice Presider-it , and Eleanor L. Marks, knowtt to me to be the Secret rj~ y of RFY.1, PROF’~~K’~‘Y SI-:KVICES CORP., tht, corporation that
executed the within i n s t I- u ~7 pi: n t and ktrowrl to me to be the per son:; wh3 executed the wit.hin instrun;f:nt on behalf of said corporai inn, and acknowledged to me that such corporation
c x t! c‘ t I t f-1 c i t.. tl c S c7 1-n e .
WI’L’Nf,::;s n:y hand and official seal.
ssicl State
DEC-21-’ 87 MON 11: 20 ID: AuSTINHW&EN FEHLMliN TEL NO: 619-458-1160 8207 P09
_- . . . 965 -I 3. ~ .I I., EXHIBIT “A”
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LEGAL DESCRIPTION
REAL PROPERTY COMMONLY KNOWN AS 1927, 29, 31, 33 and 35. . . . ..CAMINO...VLD~. ROBLE, IN THE CITY OF. CARLSBAD, .COUNTY. OF. SAN. DIEG.0 ~. CALIFORNIA AND LEGALLY DEZXRIBED AS: i . .
Lot 4 of Unit 1, Carlsbad Tract No. 81-46