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HomeMy WebLinkAboutRP 84-07; Garner, Charles; 84-162082; Public Facilities Fee Agreement/Release- , - . 2321 ‘. ' 'REC'O'r;DING.REQI!~STED BY AND ) WHEN RECORDED MAIL TO: 1 1 ., CITY OF CARiSRAD 1200 Elm Avenue mq MY -2 #j Carlsbad, California 92008 1 26 c: v&t /.I; c()i;;./ 1 : 0 1. -. Ho= f ~Jy:“.;..;.:. ? / Space above this linioi Recof'i&ps use $ No fee Signature of declarant determining tax-firm name City of Carlsbad Parcel No. 2 OJ- L&L- !J AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE .’ PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 22 day of March , 19& by and between Charles Garner (name of developer-owner) a individual , hereinafter referred to as (Corporation, partnership, etc.) "Developer" whose address is 26775 Toiuca Drive (street) San Berqadino,,CA 92404 (City, state, zip code) and THE CITY OF .CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as “City”, whose addres Carlsbad, California, 92008. I \. WITNESSETH: WHEREAS, Developer is the owner of the real property described on Exhibit "A:, attached hereto and made ri 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: e4 Remo~inff nf 8 491 ean_d+y,,p+irrn nf 11 w * P . t. REV 4-2-82 To occur at 2968 Garfield and 2939-2971 Carlsbad Boulevard- - I 2322 - , ‘on said Property, which development carries the proposed name of Town Square nd is hereafter referred to as “Development”; and , WHEREAS, 4 Developer filed on the 77--day of March , : 19 84 , with the City a request for - Maior’,redevelogment. pevmi+- 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 2, 1982, in 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 ior 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 propos.ed; 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. . . REV 4-2-82 -2- - . 2323 _ . NOW, THEREFORE, in consideration of the recitals and the covenants contained herein, the parties agree as follows: 1.. The Developer 1 pay to the City a public facilities fee in an amount not to exceed 2% of the building permit valuiti 06 :of the building or structures to be constructed in the Development pursuant. to the Request. The fee shal.1 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 o f existing building or structures into condominiums in an amount not to exceed 2% 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 a$artment or stock cooperative. The terms “other construct ion permits”, “other construction permit” and “entitlement for use” as used in th,is agreement, except in reference to mobilehome sites or projects, shall not refer to grad3ng 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 to City a public facilities fee in the sum of $1,150 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 Titles 18, 20 or 21 of the Carlsbad Municipal Code. -3- \ I . . 2324 - I ‘, 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 abo w . If Developer offers to donate aqsite ‘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 determin’ed 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 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 servikes, 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 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. I 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. 2325 -. -. * * I, 6. All obligations hereunder shall terminatt in the event the Request6 made by Developer are 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 authorised representative of such party. Any such notice shall .a not be effective for any purpose whatsoever unless se.rved in one of the following manneTs: 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 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 envelope, addressed to Developer at the address a6 may‘have been designated, postage prepaid and certified. : 8. Thi.s agreement shall be binding upon and shall inure to the benefit of, and shall apply to, the respective 6uccessors 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 6uccessors and assigns without specific mention of such successors and assigns. If Developer should cease to have any interest in the Property 9 all obligations of Developer hereunder shall terminate; provided, however, that any successor of DeVelOp’er’6 interest in the * property shall have first assumed in writing the Dev’eloper’s obligations hereunder. 9. This agreement shall be re’corded but shall not create a lien or security interest in the Property. When the obligatione. of thie agreement have been satisfied, City shall record 6 release. . . 1 - 4 2326 -4 IN WITHESS KHEREOF, this agreement is executed in San Diego Couq -y, cb .California as of the date first written above. i <. DEVELOPER-(MEti: CITY OF CARLSBA'D, a municipal c corporation of the . State of.California BP Sarah M. Garner . (Title) BY Char lea H. Garner . AA!dx-!A (Title) 9 ATTEST: ALETHA L. RAC,TEKRRAKZ, Ci'ty Clerk . l APPROVED AS TO FOR% VPNCENT F. BIOKDO, JR., City At to:rney 1 (Yotarial acknowledgement of execution by DEVELOPER-OWNER must be . atctached.) . , . . . . . -6- REV 4-2-82 STATE OF CALIFORNIA, Ian Diego COUNTY OF i \ ss. 2327 ON March 29, ,19-K, before me, the undersigned, a Notary Public in and for said State, personally appeared Sarah M. Garner and Charles H. Garner RENA SILLWENT MOTC,RY PIX?: iC -- CALIFORNIA pRi’.‘;‘;‘:IL Og-i’[CE ,N Si?.i,’ i;.Li;O CGLINTY ornmission Expires Apr. 20,19$4 , known to me, to be the person!!- whose name% are subscribed to the within Instrument, and acknowledged to me that Lhe_y executed the same. t WITNESS my hand and % --__ n ACKNOWLEDGMENT-General-Wolcotts Form 231Rev. 3-M : . . . - .- 232p-- ._. . . I ’ . EXHIBIT "A" LEGAL DESCRIPTION . . Parceis 3,4,5, and 13 of Block 232 of Tract 95'of Carlsbad ! q Lands, according to map 661, as i-ecorded in the office of the, County Recorder, in the County of San Diego', State of California. . - . . . : . \ . . ( . . . * , .’ * . . . . . . . , I I ! . . . . _ ._.-. - . __, ___. - . - _. “. A . 1. ” -’ _ *.... . ”