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HomeMy WebLinkAboutZC 231; Mola Development Corporation; 81-349642; Public Facilities Fee Agreement/Release_ . , , *I , 4 .- ., . *. , * . -- Af ier kordi ng return to: . . c: ty of. chbad UOO Elm Ave. Cartslad, CA 92009 . . . . 975 i . *- zc-is\ - -lb AdREEMEN+ BETWEEN DEVELOPER-3WNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE . W” /” c . . THIS AGREEMENT is entered into this 5th day of FEBRUARY . , 19 81 , by and between CITY OF JARLSBAD AND MOLA DEVELOPMENT CORPORATION. " . ; ?naxne of developer-owner) 8 I . a CALIFORNIA CdRPORATION * ,hereinafter referred to as (Corporation , partnership, etc.) ?Developer", whose address is 808 ADAMS AVE. I * (street) . * HUNTINGTON BEACH, -CALIF. 92'648 o and . . (City 8 state, zip code) CARLSBAD, a municipal corporation of the State of California, THE CITY OF . . . hereinafter referred to.'as "City", whose address is 1200 E Avenue, Carlsbad,. California, 92008. . . . * . . . WI!i?NESSE'TH: . . . . . WHEREAS, Developer is the owner of the real property described . on Exhibit."A", attached hereto and made a part of this agreement, hereinafter referred to zis "Property"; and . . . WHEREAS, the Property lies within the boundaries of City: . * and . WHEREAS, Developer proposes a development project as follows:. . A 92 ACRE 'COMMERCIAL PROJECT ALONG WITH A FUTURE 9+ ACRE . , SINGAL FAMILY RESIDENT1A.L PROJECT TO THE WEST. BOTH PROJECTS ARE LOCATED ON THE NORTHWEST CORNER OF EL CAMINO REAL II ALGA ROAD. . . . . . ‘* . . - . \I . . . . . 976 L on said Property, which development carries the proposed name e of NOT APPLICABLE AT THIS TIME. and is hereafter referred to as :Development"; and WHEREAS, Developer filed on the 5th -day of FEBRUARY . ', 398-l , with the.City a request for ANNEXATION AND ' . ZONE CHANGE TO C2-Q. zc 231 (hereinafter referred to as "Pequest"; and . WEReAs, 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 August 29, 1979, on file with the City Jerk and incorporated by this reference,' and that the City% 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 l . facilities and services will be available to meet the future . needs of the Development as it is presently proposed: but the . Developer is aware that the City cannot and will not be dble to make any such finding without financial assistance to pay for . such services and facilities; and, therefore, Developer proposes . . ) . . . . -.: a \ . . . . ’ ) 977 ‘- to -help satisfy the General Plan as implemented by Council Policy No. 17 by payment of a public facilities fee. M . ' 'NOW, THEREFORE, in consideration of the recitals and the ' ' . covenants contained herein, the parties agree as follows: 1. The Developer shall pay to the City a public facilities fee in an amount not to exceed 2% of the building 'permit valuation . of the buildings or structures to be constructed in the Development pursuant to the Request. The fee shall be paid prior to the ' issuance of building or other construction permits for the develop- ment 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. A credit toward such fee shall be given for land which has . been dedicated for park purposes or for any fees paid in lieu . . ' thereof pursuant to Chapter 20.44 of the Carlsbad Municipal Code. .Developer shall . structures into pay a fee for conversion of existing buildings or 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 co&ersion permit as provided in Chapter 21.47 05 the 'Carlsbad Municipal Code. Condominium shall include community . apartment or stock cooperative. The terms "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 pri& to the use or occupancy for which -3. . . . . . . * .s . . . . 1 978 - 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 ok 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. A credit for land-which has been dedicated paid. in lieu thereof pursuant to Chapter 20.44 of the Carlsbad toward such fee shal for park purposes or .l be given I for any fees 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 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 determined by City prior to the issuance of any building or other permits. Such determination, when made, shall become a part of this agree-, ment. 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 services, and the Development $11 not be consistent with the General Plan and any approval br permit for the Development shall . 4. . . . . . . ‘. . be void. No building or other construction permit or entitlement - for*use shall be @sued 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 ais 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 other public *-' agencies as evidence of adequate public facilities and services sufficient to accommodate the needs of the Development herein described. . 6. All obligations hereunder shall terminate in the-event . 'the Requests made by Developer are not approved. t-7. Any notice from one party to the other shall be in writing, and shall be dated and signed by the party giving such . * not@ze or by a duly authorized representative of such party. Any m such notice shall not be effective for any purpose whatsoever unless served in one of the following manners: . . 7.1 -If notice is given to the City by, personal delivery thereof to the City or by depositing same in the United States Hail, addressed to the City at the address set forth-here+, enclosed in a sealed envelope, addressed to the City for attention of the City 'Manager , postage prepaid and certified. 7.2 If notice is gi'ven td Developer by personal delivery thereof to Developer or by depositing the same in the United States 5. - . . : . . . * 3: . . 7 *‘x . . ,- 1, 980 Mail, enclosed in a sealed envelope, addressed to Developer at the * address as may haGe been designated, postage prepaid and certified. ' 8. This agreement shall b: binding upon and shall inure to the,benefit of, and shall 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 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. I 9. a lien or This agreement shall be recorded but shall not create . * security interest on the Property. When'the obligations . of this agreement have been satisfied, City shall record a r&ease. . //f . /I/ * I// . //I h /// . * //I I// . . . . * 8 . . , : . . ‘ - . . . . ;-, .,‘ . 981 I’- . . . e . . IN WITNESS WHEREOF, this agreement is-executed in SanDiego : County, California as of the date first written above. . ' DEVELOPER-OWNER: CITY OF CARLSBAD, a,municipal corporation of the State of California * . . . (Name) . By FRANK J. MOLA PRESID NT MO A DEVELOPMENT CORP. ‘LL. City Manager . I ITitle) . ATTEST: . . . ‘ - ALETBA L.' RAUTENKRANZ, Cit L ' VINCENT F. BIONDO, JR..,. . . , A City Attorney * . . . . (Notarial acknowledgement o'f execution by DEVELOPER-OWNER must be attached.) . * . v . -'T7. * . . . ,--_ .-- STATE OF CALIFORNIA Orange COUNTY OF- > 55. 2 On February 9, 1981 -, before me, the undersigned, a Notary Public in and for 0 FrankJ. Mola E said State, personally appeared i= 5 known to me to be the President President, and .v 5 known to me to be the Secretary of the corporation that executed the within instrument, I and known to me to be the persons who executed the within instrument on behalf of the corporation therein named, and ac- knowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. ..\\~\\\...\~\.\~.\\...~, OFFICIAL SEAL : LILA SHARON KAYLOR I Notary-Public California : Principal Office In p ORANGE COUNTY ; 5 My commission expires 11-15-84 i a. ,~. .~. . . . . ~. ..w*ImN..\-.w”. Name (Typed or Printed) (This ar*a for official notarial seal) 9 : c - e-t . l .* _ ** 98.2 . EXHIBIT "A" . LEGAL-DESCRIPTION I . . . 4 81-349642.. . lhat portion of the West half of the Northeast Quarter of Section 26, TcxlJnship 12 Souti, Range 2 West, SanBernardiTlD~xidian, intheCuun~of SanDiego, NO PEE State ofC&hmia, according to Official Plat thereof, described as follows: CormrencingattheNo~tcorneroftheWesthalfoftheNortheast .“: Quarter of stid Section; thence along the West line of the West half _ of the Northeast Quarter of said Section South 00 03' 33" East 1862.74‘ feet to theTruePointof Beginning; thence leaving saidWestline South 890 15' 32" East 960.38 feet to an intersection with the South- TJesterlylineofthatcertainparceloflanddescribedin~dto the cornrty of San Diego recorded July 10, 1970 as Docuukzn t No. 121184 of Official Records of said County, said Southwesterly line being drawn parallelwithanddistant45.00 feet Southesterlynrzasured at-t angles fnxnthe centerlheofEl Carnino Real as shown cm San Diego Gunty Road Survey No. 1880-l on file in the Office of the County Engineer of saidCounty; thencealong sa.idSouthwesterlyline South 70 35 OCPEast 783.30 feet to the Southlineof thehksthalfof the NcztheastQuarterofsaidSection26; thenceleavingsaid Sou&westerly . line alongsaidSoutilineNorth890 l5' 32"West1062.96 feet to the SouthestcorneroftheWesthalfoftheeastQuarterofsaidSection, North 00 03' 33' West 775.12 feet to the True Point of Beginnhg. . containing 18.0 acres . . 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