HomeMy WebLinkAboutRP 86-14; Incivan, Maksut & Ann; 86-348502; Public Facilities Fee Agreement/Release4. . . I *
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. +CORDING REQUESTED BY AND )
1
WHEN RECORDED MAIL TO:
CITY OF CARLSBAD 1 1200 Elm Avenue
Carlsbad, California 92008 1
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: Signature of declarant determining
tax-firm name
City of Carlsbad
Parcel No. 5bZc~~6 - o/
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into tnis day of July 189 19 86
..by and between: Maksut & Ann Inciyan it :
(name of developer-owner)
: a husband and wife , hereinafter referred to as
(Corporation, partnership, etc.)
"Developer" whose address is 4444 West Point Loma Blvd. #ilO
(street)
Can nienn. r.A 7ln7 (City, state, zipacode)
and THE CITY Cf
: CARLSBAD, a municipal corporation of the State of California, hereinafter
referred to as ttCity", whose address is 1200 Elm Avenue, Carlsbad, California,
92008.
WITNESSETH
WHEREAS, Developer is the owner of the real property described on
Exhibit "A"* -9 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:
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on said Property, which development carries the proposed name of
3076 Carlsbad Boulevard
and is hereafter referred to as "Development"; and
WHEREAS, Developer filed on the day of Ju1y 18 ,
19 86 , with the City a request for Major Redevelopment Permit
hereinafter referred to as "Request"; and
WHEREAS, tne 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 witn need or sucn development
Shall not be approved (said element is on file With the City Clerk and is
incorporated by this reference); and iI&
WHEREAS,‘Developer and City recognize tne correctness of Council Policy
No. 17, dated April 22, 1986, on file with the City Clerk and incorporated by
this reference, and tnat 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 tne future needs of the Development as
it is presently p-oposed; but tne Developer is aware that tne City cannot and
will not be &le 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:
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1. The Developer shall 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 wall 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 tne 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's condominium conversion permit as provided in Chapter 21.47 of the
Carlsbad Municipal Code. Condominium Shall include community apartment or stoch
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cooperative.' The terms "other construction permits"', "other construction
permit" and "entitlement for use" as used in tnis agreement, except in reference
to mobilenome sites or projects, Shall not refer to grading permits or other
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 the sum of .$f,lSO for"each mobilehome space to be constructed pursuant to the
Request. Tne fee Shall be paid prior to the issuance of building or otner
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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facilities, the City shall consider, but is not obligated to accept the offer.
The time for donation and mount of credit against tne fee Shall be determined
by City prior to tne issuance of any building or otner permits. Such
determination, when made, shall become a part of tnis agreement. Sites donated
under this paragraph snail 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,tne consistency of tne 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 Development shall be void.
No building or otner construction permit or entitlement for use shall be issued.
it
until tne public facilities fee required by.-this agreement is paid.
4. City agrees to deposit tne fees paid pur.suant 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 tne payment of tnis 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 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 Wall 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 snall not be effective
for any purpose wnatsoever 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 City
at the address set forth herein, enclosed in a sealed envelope, addressed to tne
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 tne 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.
it 8. Tnis agreement snall be binding upon and snall 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 Weir respective successors and assigns
witnout 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 snall be recorded but shall not create a lien or
security interest in the Property. When the obligations of tnis agreement have
been satisfied, City snail record a release.
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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
(name)
bJIn_r. BY I
(Title) City Manager
BY >$$,h
___. .
,..s
.
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ATTEST: ; : : :
(Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.1
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TO ta44 CA (8.74)
(Individual)
STATE OF CALIFORNIA
COUNTYOF San Dieqo c 2337 EG-cE
*llcou COMWNY
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or, July 16. 1986 before me, the undersigned, a Notary Public in and for said
State,personallyappeared~jvay! ;~nri .&~n Tnriyay! **********$***
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, known to rn:
to be the person s whose name are subscribed
2 to the within instrument and acknowledged that-
‘executed the same.
WITNESS my hand and oflicial seal.
y” 1.1.. , , . . .-.
Notary public-(;alilornia
SAN DIEGO COUNTY
UY Comm. Exp. Apr. 2, WO
(This area for official notarial seal)
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TR. “zamerrca Title InsurancF:ompany
4 6338
THE LAND REFERRED TO HEREIN IS SITUQTED IN THE STATE OF CALIFORNIA,
COIJNTY OF BAN DIEQO, CITY OF CARLSBAD, AND 1S DESCRIPED 0s
FOLLOWS: ’
PARCEL 1:
THAT PORTION OF BLOCK IS? OF CARLSHAD, IN THE CITY OF CARLSPAD,
COUNTY OF SAN DIEt30, STATE OF CALIFORNIA, ACCORDIN[3 TO
THE MAP THEREOF NO. 775, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN OIIXIO COUNTY, FEBRUARY 15? 1894; LYING
SOUTHEASTERLY OF THE SOUTHEASTERLY LINE OF THE STATE HIQHWAY
AS DESCRIBED IN THE B6@D frPOtl E.~,_.PUMflTEl&._~T UX. TO THE-
c. STATE Occ CLILIFORNI#+, RECORDED JULY 29. 1727. IN..BoQK 1555.
PAGE 2UJ”‘OF DEEDS; AND IN THE DEED FRCMI CbMRLEf3 W. WOOD++ARD,
ET UX, TO THEi:‘BPCIT~~OT CCSCIFORNIA. RECORDED FEBRUARY 19,
1925, IN BOOK 1079, PAGE 108 OF DEEDS. -. -_ _..._ .-
EXCEPTING THEREFROM ANY AND ALL RIGHT, TITLE AND INTEREST
IN AND TO THE NORTHWEST l/2 OF OAK AVENUE LYINQ SOUTHEASTERLY
OF AND ADJACENT TO SAID PORTION OF BLOCK 15; AND THE SOUTHWEST
l/2 OF LINCOLN STREET LYINt3 NORTHEASTERLY OF AND ADJACENT
TO SAID PORTION OF BLOCK IS.
PARCEL 2:
ALL THAT PORTION OF THE NORTHWEST l/2 OF OAK AVENUE? OF
CARLSBAD, 1N THE CITY OF CARLSEAD, COUNTY OF SAN DIEOO,
STATE OF CALIFORNfA, ACCOPDINO TO THE MAP THEREOF NO. 775,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF 8AN DIEQO
COUNTY, FEBRUARY 15, iR94, LYINO SOUTHEASTERLY OF AND ADJACENT
TO THE SOUTHEASTERLY LINE OF SAID PORTION OF BLOCK 15 AND
THAT PORTION OF THE SOUTHWEST l/2 OF LINCOLN STREET WHICH
LIES NORTHEASTERLY OF AND ADJACENT TO SAID PORTION OF BLOCK
1s. EXCEPTIM THAT PORTION OF LINCOLN STREET FSDJACENT
JO THE NORTHWESTERLY 62 l/2 FEET OF THE SOUTHEASTERLY 137‘
l/2 FEET OF SAID BLOCK 15.
PARCEL 3:
ALL THAT PORTION OF THE SOUTHWEST l/2 OF LINCOLN STREET,
OF CARLSBAD, IN THE CITY OF CARLSBfiD, COUNTY OF SCSN DIEGO.
STATE OF CALIFORNIA, ACCORDINf3 TO THE MAP THEREOF NO. 775,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, FEBRUARY 15, 1834, LYINQ NORTHEASTERLY OF AND ADJACENT
TO THE NORTHWESTERLY 62 l/2 FEET OF THE SOUTHEASTERLY 137
l/2 FEET OF SAID BLOCK 15. EXCEPTINO THAT PORTION WHICH
LIES WKTHIN THE STATE HIQHWAY.
PAOE 3
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