HomeMy WebLinkAboutSDP 78-01B; Carlsbad 48; 81-356527; Public Facilities Fee Agreement/Release\I . . t
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city of Carl rksd
1223 E:,: :*,;e,
Cdsteb, CA 92ca
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AG~L;,T;~ a,r~;:~z:.: D~“;,=zc;~->-~;~~~
AND ‘Ii-ii2 CITY CF C.\?,LSS.T,D TGX TIi”c PAYF!LST 0F.n p'L':LiC F-l.CILI”,‘IES FEE
.
THIS AG?ZZ.-A ‘-‘:YT i's entered into this 5th day of March r
198' , by a?d bet;:eer! Ca rlsbad 48
I * (naz.2 of de;-eloFsr-cwner)
a Partnership ,horeinafter referred to as
(Co . rcloratic- ** ! Fart:,ers1:i?, etc.)
"Deveio?er", wSese address is 46 Encinitas Boulevard I
(street)
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: Fnc'n tas. California 92014 (City: '*tate, zip cede) , and THE CITY Or"
cAm.5 2.m , a -?.,-; .r.dY- cisal corpcration of the State of California,
hereinafter referred to as "City", whose adilress is
Avenue, Carls>ad, California, 92008. ,
, WITNESSETH: . .
)v "er=yCS, n -+-. . De~v~elcp,er is tSe ok-zer of the real propart>* lescriked
on Ex37.lbit 'A', attazhez ?iereto azzd rr.ade a pzrt of this a;recy-S?t,
hereinafter referred to as "?rc?erty"; and
WmEAS , t?.e Prop? rty lies within: the bczr.daries of City;
,and
WEzz.\S, Developer proposes a deveiCye:t project as follc:;S:
+ Tnfllrqtrial anfi nffiro nark nf !7C,272
Cnb --, I f, \
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on said Property, which developxent carries the proposed name
of Palomar Industrial North
and is hereafter referred to as "Developr?ent"; and -
WHEREAS, Developer filed on the 5th * day of March I
1981 , with the City a request for site development. plan permit.
SDP ts?- I(0)
(hereinafter referred to as "Request"; and
WEP,EAS, the Public Facilities Element of the City General
Plan requires that the City Comcil find that all public
,facilities necessary to serve a developnent will be avvyailable .
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
WHEP3kS, Developer and City'recognize the correctness of
Council policy h'o. 17, dated August 29, 1979, on file with the City Clerk and
fnco?goratea' by this reference, and that the City's public facilities and services
are at capacity and will not be available to accommdate the
additional need for public facilities axd services resulting
frOn the proposed DevelOpz?nt; and \-
NHEREAS, Devel(-,pcr has asked-the City to find that public
'. facilities and services will be available to meet the future
needs of the Devclopr,ent as it is pfesently proposed: but the
Developer is aware that tl> c City camot and will not be dblc to
make any such finding without financial assistance to pay for
such services and facilities; and, therefore, Developer proposes . , 2.
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to help satisfy the General Plan as implemented by Council Policy
No. 17 by
* 'NOW,
covenants
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fee in an
payment of a public facilities fee.
THEREFORE, in consideration of the recitals and the
c0ntaine.d herein, the parties agree as follows:
The Developer shall pay to the City a public facilities
amount not to exceed 2% of the building permit valuation
. of the buildings or structures to be constructed in the DeveiopmEnt
pursuant
issuance
ment and
shall be
required
Code. A
to the Req$uest. The fee shall be paid prior to the
of building or other construction permits for the develop-
shall be based on the valuation at that time. This fee
in additicn to any fees, dedications or inprovemtents ,
pursuant to Titles 18, 20 or 21 of the Carlsbad Municipal
credit toward such fee shall be given for land which has
been dedicated for park purposes or for any fees paid in lieu
I thereof pursuant-to Chapter 20.44 of the Carlsbad Municipal Code.
Developer shall .
structures into
building permit
pay a fee ,for conversion of existing buildings or
condominiums in ai amount not to exceed 2% of the
valuation at the time of conversion. The fee for a
condominit?. conversion shall be paid prior to the issuance of a
condominiun conversion permit as provided in Chapter 21.47 of the
.Carlsbad Exnicipal Code. Condomsnium shall include community
4 apartment or stock cooperative. The terns "other construction
permits", "other construction permit" and "entitlement for use" as
used in this agreement, exceptin 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 priir to the use or occupancy for which
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the develop- ent is intended. Developer shall pay to City a publik
facilities fee in the sum of $1,150 for each nobilehorr;e space to be
constructed pursuant to the Request. The fee shall be paid prior
to the issuance of building ok other construction permits for the
developKent. This fee shall be in addition to any fees, dedications
or improvec .ents required according to Titles 18, 20 or 21 of the
Carl&ad !.lcnicipal Code. A credit toward such fee shall be given
for land \:hich has been dedicated for park purposes or for any fees
paid in lieu thereof pursuant to Chapter 20.44 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 obligaticn
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 an2 amount of credit against the fee shall be determined
. by City prior to the issuance of ani building or other permits.
Such deter-ination, when made, shall becorr,e a part of this agree-
ment. Sites donated under this paragraph shall not include ir?prove-ents
required p~~.rs~:a nt to Titles 18 or 20 of the Carlsbad Municipal
Code. .
3. This agreement and the fee paid
Fequired to ensure the consistency of the
I
pursuant hereto are
Development with the
City's General Plan. If the fee is not paid as provided herein,
the City will not haye the funds to provide public facilities and
services, and the Dcvclop:ent yill not be consistent with the
General Plan and any approval br perrriit for the Dcvelopxnt shall
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be void. Ho building or other construction permit or entitlemznt
for use shall be issued until the public facilities fee required by
this agreement is paid. l
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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. d-
5. City agrees to provide upo. n request reasonable assurances
to enable Developer to cozgly with any requirenents of
agencies as evidence of adequate p-ljlic facilities and
sufficient to acconrzodate the needs of the Development
described. .
6. All
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obligations hereunder shall terminate in the. event
the Requests made by Developer are not approved.
7. Any notice from one party to the other shall be in
other public
services
herein
writing, and shall be dated and signed by the party giving such
- notice or by a duly authsriz ed representat:ve of such party. Any
such notice shall not be e ffective for any purpose whatsoever
unless served in one of the follo:fing manners:
7.1 If notice is given to the City by personal delixTery
thereof to the City or by depositing samLe in the United States
Hail, addressed to the City at the address set forth, herein,
enclosed in a sealed envelope, addressed to the City for attention
of the City Mana'gcr, postage prepaid and certified.
7.2 If notice is gikcn to Developer by personal delivery
thereof to Developer or by depositing the same in the United States
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Nail, enclosed in a sealed envelope, addressed to Developer at the
address as may have been designated, postage prepaid and certified. .
8. This agreement shall be binding upon and shall inure to
the benefit of, and shal.1 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 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 here:Jnder
shall temizate; 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 shall be recorded'but shall not create
a lien or security interest on the Property. When the obligations
of this agreement have been satisfie,d, City shall record a release.
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County,
KITKESS WXE?EOi', this agreement
California as of the date first .
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'DEVELOPER-OKXER: 5. r\ Carlsbad 48
Don Hubbaa, Sr. \ -(Nah$)
l&q&&j BY . .-
TdM.~ (Title)
. . BY
. (Title)
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ATTEST: .
CITY OF CARZSBAD, a municipal
is executed in San Diego
written above. .
corporation of the State of California
I City Hanager -
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ALETHA L. FGiiTEXKX%.XZ, City Cle .
GINCCXT F. BIOKDO, J?!., City Attorney
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(Notarial acknowledgement o'f execution by DCVELOPER-O\TXER must be attached.)
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STrZTE OF CALIFORNIA
COUNTY OF-s& fl p-1 -0 __
__- known to me
to he-a?-- of the partners of the partnership
that executed the within instrument, and acknowledged to me that
such partnership executed the same.
Signature --
920
8 SAFECO
FOR NOTARY SEAL OR STAMP
JACK A. RUGAR 1
NOTARY PUBLIC CALIFORNIA g
PRlNC!FAL CFFKZE IN
SAN DIEGO COUNTY 1
My Commission Expires
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921
EXHIBIT " A "
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CEGAL'DESCRIPTION OFFICIAL RECORDS SAN OIECO COCIhTY, CA VERA'L. LYLE RECORDER ND FE
Parcel 2 of Parcel Map No. 10060, filed in the office of the County
recorder, County of'San Diego, California, being a portion of
Lot B of Ranch0 Agua Hedionda, according to map ther of ~823
filed in the office of the County recorder, County of San Diego,
California and minor subdivision No. 404.
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