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HomeMy WebLinkAboutSDP 78-01B; Carlsbad 48; 81-356527; Public Facilities Fee Agreement/Release\I . . t . 1 I ’ ;“:‘br :: y,.. fi;zrc+ s rctjrn *to: . . . ,, city of Carl rksd 1223 E:,: :*,;e, Cdsteb, CA 92ca . , 913 *’ 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) , .* : 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, \ . . * . I . 914 ..- I- , 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. . I I 915 ‘- . 1 . . ‘,/ a.- to help satisfy the General Plan as implemented by Council Policy No. 17 by * 'NOW, covenants 1. l 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 3. , 1 : - 916 - * ..- I , 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 . 4. . . ‘*’ 9 1 7 ,: - , 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 . - 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 . 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 5. ,- I , * ‘ 1.. . . 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. //I * /I/ /I/ /// - /// . /// /;I/ //I /I/ Y/l . , - r . *I,)’ a * ,, . .* . l 9 I.9 - ..- , iN County, KITKESS WXE?EOi', this agreement California as of the date first . . 'DEVELOPER-OKXER: 5. r\ Carlsbad 48 Don Hubbaa, Sr. \ -(Nah$) l&q&&j BY . .- TdM.~ (Title) . . BY . (Title) . . ATTEST: . CITY OF CARZSBAD, a municipal is executed in San Diego written above. . corporation of the State of California I City Hanager - . ALETHA L. FGiiTEXKX%.XZ, City Cle . GINCCXT F. BIOKDO, J?!., City Attorney . . (Notarial acknowledgement o'f execution by DCVELOPER-O\TXER must be attached.) . 2 3 n^” ?. c ..i $ : E a- _c’ : 1 al . c t 2 -2 4 -? ; 2 ag -Tz s 2 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 - 921 EXHIBIT " A " *.- 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. . . .