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Home My WebLink AboutPIP 95-02; Yuen, Raymond & Christine; 1995-0201610; Public Facilities Fee Agreement/Release1 RECORDING REQUESTEIJ bf AND ‘#HEN RECORDED MAIL TO: ) Clty Clerk CRY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, California 92008-l 989 Space above this line for Recorder’s use Parcel No. 212 -69 2- 0% AGREEMENT BETWEEN DEVELOPER-OWNER AND THE ClTY OF CARLSBAD FOR THE PAYMENT OF A PUBUC FAClLllTES FEE FOR INSIDE THE BOUNDARIES OF COMMUNlTY FAClLlTlES DISTRICT NO. 1 THIS AGREEMENT is entered into this \ 0% day of T-wu-~y ,19x by and between /&&Wmb C- ytcc-d ay c%k(S7l~& Yu&fJ (name of developer-owner) as {(\ID~V~DMP--LP~,S (corporation, partnership, etc.) ’ hereinafter referred to as “Developer” whose address is r&739 44y\Alrbi~-rO s+fa4Bh, &L hA+L \ CA Tl,o@k \ (street) (city, state, zip code) and the CRY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as “City”, whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008- 1989. WITNESSETH: WHEREAS, Developer is the owner of the real property described on Exhibit “A”, attached hereto and made a part of this agreement, hereinafter referred to as “Property”; and WHEREAS, Fe Property lies within the boundaries of City; and WHEREAS, Developer proposed a development project as follows: on said Property, which development carries the proposed name of bOk\l)*llE PREIS, INC. Form Approved By Cii Council July 2.1991 Reso # 91-194/KJH 1 -- , M39 -- .’ ‘and ii hereafter referred to as “Development”; and . . WHEREAS, Developer filed on the IO* day of -34+hfARY , WK with the City a request for %WN~-b I nlau s7prfic 9tzirrzt(7 hereinafter referred to as “Request”; and WHEREAS, the Public Facilities Element of the Cii 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 July 2, 1991, 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 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 flnding w&out 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 covenants contained herein, the parties agree as follows: 1. The Developer shall pay to the Cii a public facilities fee in an amount not to exceed 1.8296 of the building permit valuation of the building or structures to be constructed in the Development pursuant to the Request. The fee shatl 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 shall be in addition to any fees, dedications or improvements required pursuant Form Approvd By City Council Juty 2.1991 Rmo + Ql-194MJH 2 1 1 (, . ,::<,’ ,I -- -- . O~()* 1 ~ 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 1.82% 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 mobilehome 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 Cii a public facilities fee in the sum of $598 for each mobilehome 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 Tiles 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. lf Developer offers to donate a site or sites for public facilities, the City shall 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 made, shall become a part of this agreement. Sites donated under this paragraph shall not include improvements required pursuant to Ties 18 or 20 of the Cartsbad 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. tf 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 Form Apprawd Sy City Council July 21991 Fioso # Gl-1-H 3 _. ..( -- -- ’ %1 . ! I Development shatl 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 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 Request made by Developer is not approved. 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 unless served in one of the following manners: 7.1 lf notice is given to the City of personal delivery thereof to the Cii or by depositing same in the United States Mail, addressed to the Cii at the address set forth herein, enclosed in a sealed envelope, addressed to the Cii for attention of the Cii Manager, postage prepaid and certified. 7.2 lf 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 many have been designated, postage prepaid and certified. 8. This agreement shall be binding upon and shall inure to the benefit of, and shatl apply to, the respective successors and assigns of Developer and City, and references to Developer or City herein shall be deemed to be a reference to and include their respective Form Approved Sy Cily Ceuncil Juty 2.1991 Fle80 # Ql-1wwH 4 . .:; (’ -- -- successors and assigns without specific mention of such successors and assigns. lf Developer should cease to have any interest in the Property, all obligations of Developer hereunder shall terminate; provided, however, that any successor to 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, Cii shall record a release. * . . . . . . . . . . . . . . . . . . . . . . . Form Appmvod ByCityCouncilJuty2.1991 R~BO IQl-19UUH 5 .: . -- -. - - +’ 043 IN WITNESS WHEREOF, this agreement is executed in San Dlego County, California as of the date first written above. DEVELOPER-OWNER: cl CRY OF CARLSBAD, a municipal corporation of the State of California Rp”l~P Yt‘td BY ATTEST: ALETHA L. RA (Proper notarial acknowledgement of execution of DEVELOPER-OWNER must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL, City Attorney Form Apprqwd By Cily Council Juty 2,1991 Rero IQl-194KJH 6 * , *. _. . . _,. -- I \ . ‘? l&q EXHIBIT l Am LEGAL DESCRIPTION F~Appr0v.d ~CitycouncUJuty2.1991 Roao I Ql-194/KlH 7 r .- - -- ti -I CALi&MA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 personally appeared q personally known to me - OR - eroved to me on the basis of satisfactory evidence to be the person(s) whose name(s)- subscribed to the within instrument and ac- knowledged to me that the same in h capacity(ies), and that by b&&e@ signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL 0 CORPORATE OFFICER TITLE(S) 0 PARTNER(S) q LIMITED 17 GENERAL q ATTORNEY-IN-FACT NUMBER OF PAGES 0 TRUSTEE(S) q GUARDIAN/CONSERVATOR 0 OTHER: i-/d - 95 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION l 8236 Remmet Ave., P.O. Box 7184 l Canoga Park, CA 91309-7184