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Home My WebLink AboutRP 87-07; DHW Ltd; 87-569382; Public Facilities Fee Agreement/Release,. * . . 87 569382 *-- ‘ 9. f$26 . RECORDING REQUESTEO BY AN0 ) I - I1 Z,:~i:(lf)ri; 1.j :'i I.,., L. WHEN RECORDEO MAIL TO: 1 I'; y- ;. * y i ,a, i [.i':::i(([:'~ I 1 [;,I : ,.'- : ii ', : .;. '5; ., '.:a 1 1 CITY OF CARLSBAD 1 1% GCT -8 PI I: 54 1200 Elm Avenue Carlsbad, California 92008 1 V [!I i : ,I I I I .‘I‘ i L- L’ COUN i Y ill t:WlX.it -.I /-...-.._ b'- Space above tnis line for Recorder's use \ t Documentary transfer tax: @ / Signature of declarant determining tax-firm name City of Carlsbad Parcel No. 203-174-06 & 07 AGREEMENT BETWEEN EVELOPER-OWNER AN0 THE CITY OF CARLSBAO FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into tnis .JL/ day of S,LLJ , 1987 , by and between DHW Ltd. (name of developer-owner) a partnership , hereinafter referred to as (Corporation, partnersnip, etc.) "Developer" whose address is 2978 Carlsbad, Ca. 92008 (street) and TiiE CITY OF (CltY, state, zip code) 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 tne real property described on Exhibit "A":, attacned hereto and made a part of this agreement, hereinafter referred to as "Property"; and WHEREAS, Tne Property lies witnin the boundaries of City; and WHEREAS, Developer proposes a development project as follows: REV 4-22-86 /cm7-7 * ” 1627 I 4 on said Property, wnicn development carries the proposed name of “Village Faire” and is hereafter referred to as "Development"; and WHEREAS, Oeveloper filed on tne a~/ day of rU\d , 1987 , with tne City a request for , Retail Shopping Village 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 With need or sucn development Shall not be approved (said element is on f incorporated by tnis reference); and i le With tne City Clerk and is WHEREAS, Oeveloper and City recogni ze tne correctness of Council Policy No. 17, dated April 22, 1986, on file With t he 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 tne City to find tnat public facilities and services will be available to meet tne future needs of the Development as it is presently proposed; but the Developer is aware that tne City cannot and will not be able to make any such finding witnout 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 tne recitals and tne covenants Contained herein, the parties agree as follows: -2- REV 4-22-86 : . . . -. - $628 1. The Developer shall pay to the City a public facilities fee in an -5P@ amount not to exceed3.5% of the building permit valuation of the building or structures to be constructed in the Development pursuant to the Request. Tne fee snall be paid pr permits for the deve Tnis fee Shall be in or to the issuance of building or other construction opment and shall be based on the valuation at that time. ddition 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 mount not to exceeda.S% of the building permit valuation at tne 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. Tne terms "otner construction permits", "other construction permit" and “entitlement for useIt as used in this agreement, except in reference to mobilehome sites or projects, snail not refer to grading permits or other permits for tne construction of underground or street improvements unless no otner permit is necessary prior to tne use or occupancy for whicn the development is intended. Developer shall pay the City a public facilities fee in tne sum of $1,150 for eacn mobilehome space to be constructed pursuant to the Request. The fee Shall be paid prior to tne 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. Tne Developer may offer to donate a site or sites for public fat ilities in lieu of all or part of the financial obligation agreed upon in Paragrapn 1 above. If Oeveloper offers to donate a site or sites for public -3- REV 4-22-86 , 1 fit29 facilities, the City shall consider, but is not obligated to accept the offer. Tne 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 tnis paragraph snall not include improvements required pursuant to Titles 18 or 20 of the Carlsbad Municipal Code. 3. This agreement and tne fee paid pursuant nereto are required to ensure the consistency of the Development with the City's General Plan. If tne fee is not paid as provided herein, the City will not nave tne funds to provide public facilities and services, and tne development will not be consistent With tne General Plan and any approval or permit for tne Development Shall be void. No building or otner construction permit or entitlement for use shall be issued until tne public facilitie; fee required by tnis agreement is paid. 4. City agrees to deposit tne fees paid pursuant to this agreement in a public facilities fund for the financing of public facilities when the City icient ists to provide the facilities and suff Council determines the need ex funds from tne payment of tnis available. and similar public facilities fees are 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 the needs of tne Development nerein described. 6. All obligations hereunder snall terminate in the event tne Requests made by Developer are not approved. -4- REV 4-22-86 . . . 7. Any notice from one party to tne other Shall be in writing, and snail be dated and signed by the party giving such notice or by a duly autnorized representative of such party. Any SUC~I notice shall not be effective for any purpose whatsoever unless served in one of tne 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 tne City at the address set fortn 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 tnereof to Developer or by depositing the 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. 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 tne City, and references to Oeveloper or City nerein snall be deemed to be reference to and include tneir respective successors and assigns , without specific mention of such successors and assigns. If Developer should cease to nave any interest in tne Property, all obligations of Oeveloper nereunder shall terminate; provided, however, tnat any successor of Developer's interest in the property shall have first aSSUmd in Writing tne &VelOper'S obligations nereunder. 9. Tnis agreement shall be recorded but snail not create a lien or security interest in the Property. When the obligations of this agreement have been satisfied, City snall record a release. -5- REV 4-22-86 . L . ? (i, 1631 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 TIO/TIL .(name) BY STEVE DENSHAM General Partner Community Development (Ti tie) Director BY 1 , I ATTEST: APPROVED AS To FORM: 0, JR., CIJY ATTORNEY APPROVED AS TO FORM: . RONALD R. BALL (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) -6- REV 4-22-86 t a (Partnership) STATE OF CALIFORNIA COUNTYOF q&-+d n]cGb ss. c OII 5t’P-rm EE-fL \q , 19 beforeme, P.. JAMG C.AfUUCQ t a Notary Public in and for said State, personally appeared ~-T-EP~(~hE 7 , EtJSl-4 Am (known to me) (or proved to mecon tbe basis of satisfactory evidence) to be WJL of the that executed the within instrument, an artners of tbe artnersbip B ecftometbat such partnership executed the same. acknowledg OFFICIAL SEAL C. JANE CARRlCO NOTARY PIJRLIC 0 CALIF. PRINC!PAL OFFICE IN SAN DIEGO CGIJNTY y Commksion Expires May 22, 1989 Form3215(CA 12.82) rrhil .ma for official MUlid wll