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Home My WebLink AboutPIP 95-05; Daily, Raymond and Carmen; 1995-0392444; Public Facilities Fee Agreement/ReleaseRECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: city Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, California 92008-l 989 OFFICIAL RECORDS Sbti DIEGD COUNTY RECORDER’S DFFICE GREGORY S;;‘ii; CD~~~~E~E~DRDER : 28. %I 1 5; ioa 1 1186 !lF: 1.00 ; 1 1 Space above this line for Recorder’s use Parcel No. 212-092-02 AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBUC FACIUTIES FEE FOR INSIDE THE BOUNDARIES OF COMMUNITY FACIUTIES DISTRICT NO. 1 THIS AGREEMENT is entered into this 1 3th day of June , 19% by and between Raymond P. and/or Carmen R. Daily (name of developer-owner) a individuals , hereinafter referred to as “Developer” whose address (corporation, partnership, etc.) is 2270 Camino Vida Roble, Suite I, Carlsbad, CA 92009 (street) (city, state, zip code) and the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as ‘Cw, whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008 1989. WITNESSETH: WHEREAS, Developer is the owner of the real property described on Exhibii ‘A’, attached hereto and made a part of this agreement, hereinafter referred to as “Prop&y”; and WHEREAS, the Property lies within the houndaries of City; and Fm4WJ-d ey av CaKld July 2 IQa Ra80 I Ol-lo4#clti Fm 17A PIP s&sI’” . , 1187 I’ 6 4 WHEREAS, Developer proposed a development project as follows: 32,000 s.f. building with office and warehouse. on said Property, which development carries the proposed name of Dailv Industrial Buildincr and is hereafter referred to as ‘Development”; and WHEREAS, Developer filed on the 13 day of February with the City a request for Planned Industrial Permit (PIP) No. 95-05 ) 19% hereinafter referred to as “Request”; and WHEREAS; the Public Facilities Element of the Cii General Plan requires that the Cii Council find that all.public facilities necessary to sense a development will be available concurrent with need or such development shall not be approved (said element is on file with the Cii 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 resutting 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 covenants contained herein, the parties agree as follows: Fm- EkyalycummcilJuly2 1991 Fkso x 91-1wlul-l Foml17A m3/n/95 I 1188 1. The Developer shall pay to the City 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 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 shall 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 stmctures 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 Carl&ad 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 City 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 Tiiles 18, 20 or 21 of the Cansbad 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 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 Cii prior to the issuance of any building or other permits. Such deter&nation, when made, shall become a part of this agreement, Sites donated under this paragraph shall not include improvements required pursuant to Titles 18 or 20 of the Carlsbad Municipal Code. Fm- Fm 17A By city CuIndl July 2.1991 m3m95 ko X Ol-1WKlH 3 1189 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 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 Cii 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 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 the Cii 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 Ma!, enclosed in a sealed envelope, addressed to Developer at the address as many have been designated, postage prepaid and certified. Fum &qmmd Form 17A E+f City Ccund July 2 1991 mm/e5 Resca # Ol-194WH 4 1190 8. This agreement shall be binding upon and shall inure to the benefit of, and shall apply to, the respective successors and assigns of Developer and City, and references to Developer or Cii herein shall be deemed to be a reference 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 to Deveioper’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. . . . bApprovsd Byayccu~lJuly21901 I&o x 91-194/KlH IN WlTNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: Raymond P. Daily Carmen R. Diiily Pro!2Tyn?i!ier CITY OF CARLSBAD, a municipal corporation of the State of California BY (title) ATTEST: k City Clerk (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 FmApproud eyaty-July2 1991 Rao t Ol-194/KJH . . ‘r . 6y cay ccund July 2, lsel Fho X 91-194KlH EXHIBIT “A” LEGAL DESCRIPTION 1192 A.P.N. #212-092-02 Lot 38 of Carlsbad Tract Number 81-46, Unit No. 2. Fm 17A rw 3M7m . . . , .,-. . .^- . ,I CAUFORNIA AU-PURPOSE ACKNOWLEDGMENT 1293 STATE OF CAUFORNIA COUNTY OF SAN DIEGO On @ - /3qs before me,zLj E &$J 5fiArJ@JNotay Public, personally appeared 629q WouD 9 m,]L\I ‘@J%!@& c pjky[ ] personally known to me - or [ ] proved to me on the basis of satisfactory evidence to be the person(s) whose name@ is/@ _. -__L subscribed to the within instrument and acknowledged to me that he/sheexecuted the same in his/her@authorized capa&y@$ and that by his/her/@signature@on the instrument the person-r the entity upon behalf of which the person@@ted, executed the instrument. WlTNESS my hand and official seal. ~~~JlllY 2 1991 Rmo X Ol-194/KIH