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HomeMy WebLinkAboutZC 239; Kelly, Robert; 81-274339; Public Facilities Fee Agreement/ReleaseAfte;- recording return to: . _ . City of Carlsbad 1200 Elm Ave. Carlsbad, CA 92008 AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this day of May 20 , 19 81 , by and between * (APN:212-040-19/Robert B. Kelly) **(APN:212-040726/Tahnee Corp.) a Clafnrn7n rnw I (name of developer-owner) * sole owner I a **corporation ,hereinafter referred to as (Corporation, partnership, etc.i 1603 Tustin Ave ., Costa Mesa, CA 92627 "Developer", whose address is ** 3910 Chapman St.,San Diego, CA,92110 (street) (City, state, zip code) , and THE CITY OF CARLSBAD, a municipal corporation of the State of . California, 'hereinafter referred to as,"City", whose address is Avenue, Carlsbad, California, 92008. WITNESSETH: 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 as "Property"; and b WHEREAS, the Property lies within the boundaries of City; and WHEREAS, Developer proposes a development project as follows: Both parcels, 212-040-19 & 26 will not, at this time, be subjected to any lmprovement5. Both owners are-requesting that their parcels be rezoned from~+~$u(County) to M (City Industrial) and annexed . to the City of Carlsbad. Z’C-23q +-MAR 80 ’ . . - 258 -I L ‘. . . on said Property, which development carries the proposed name of N/A and is hereafter referred to -as "Development"; and WHEREAS, Developer filed on the Jb day of May I 19 81 , with the City a request for preannexational zone change from CountYT-%@to city M zone for propertv located on the mb -ide of Palomar Airport Road east Of ,L~u~&, .Tree -Rosa. (hereinafter referred to as "Request"; and WHEREAS, 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 Clerk and incorporated by this reference, and that 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 the future . needs of the Development as it is presently proposed; but the Developer is aware that the City cannot and will not be able to make any such finding without financial assistance to pay for such services and facilities; and, therefore, Devel.oper proposes 2. . ZCaS33q ' : . 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: 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 issuanc,e 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 pay a fee for conversion of existing buildings or structures into 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 conversion permit as provided in Chapter 21.47 of 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 prior to the use or occupancy for which . 3. . _. 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 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. 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. 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 t0 . 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 will not.be consistent with the . General Plan and any approval or permit for the Development shall 4. . . 261 be void. No building or other construction permit or entitlement for use shall be issued until the public facilities fee required by this agreement 4. City agreement in a . . is paid. agrees to deposit the fees paid pursuant to this . 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. 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 De'velopment herein described. 6. All obligations hereunder shall terminate in.*the event the.kequests made by Developer are not approved. 7. Any notice from one party to writing, and shall be dated and signed , . the other shall be in by the party giving such notice or by a duly authorized representative of such party. Any 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 Mail, addressed to the City at the address set forth herein, enclosed in a sealed envelope, addressed to the City for.attention of the City Manager , postage prepaid and certified. 7.2 If notice is,given to Deve.loper by thereof to Developer or by depositing the same in 5. . personal delivery the United States . . . :a * I I ‘26 2 -- Mail, 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 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. 9. This agreement shall be rec0rde.d but shall not create a lien or security- interest on the Property. When the obligations of this agreement have been satisfied, City shall record a release. /I/ I// ///. /// /I/ /// /I/ /// -* 6, . . - . . .’ .I 263 . IN WITNESS WHEPEOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: *(APN: 212-040-19/ CITY OF CARLSBAD, a municipal corporation of the State of California . (Title) By d&i-i& A ** LulLCl4rC1 c-k L‘rCL? FAEIl&?,%.7 j-R/.f#v~~ cunf. . (Title) ,+ <.J~~F*~;~,A c&f. ATTEST: City Attorney (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) I l STATE OF CALIFORNIA 1. 264 ^a COUNTY OF SAd L?k-o ss. _____ 5 1 t On this cfb * day of /+% _, d!!-, before me A7-A r G04-+5 t 2 a Notary Public in and for said State personally appeered- / /XC/R /1 I (i-ix ,” 2 known to me to be the flfc 5 - President, and 0m Z 2 known to me to be the Secretary of--- CO g:u the corporation that executed the within instrument and known to me to be the persons who executed the within iia.2 0 2 instrument on behalf of said corporation, said corporation being Bc += J known to me to be one of the partners of .o ‘t EP 7-49#NvE-E- CQ 1 P gz the partnership that executed the within instrument, and acknowl- ;.$ edged to me that such corporation executed the same as such -f partner and that such partnership executed the same. WITNESS my hand and official seal. a Signature & yu 30. 1983 I4 AT/p J- zfOA#+.s Name (Typed or Printed) (This area for oficiai notarial seal) STATE OF CALIFORNIA Sd L2FCi-a SS. COUNTY OF _____ before me, the undersigned, a Notary Public in and for said State, personally appeared - known to me to be the person- whose name subscribed to the within instrument and acknowledged to me rhat- /u’r executed the same. WITNESS my hand and official seal. Signature &idILaLs Are J mm5 Name (Typed or Printed) (This area for oi3cial notarial seal) 265 EXHIBIT "A" LEGAL DESCRIPTION: APN: 212-040-26 That portion of that certain parcel of land shown and designated as "Description No. 3, 78.07 acres on Record'of Survey Map No. 5715, filed in the Office of the County Recorder of San Diego County, December 19, 1960, being a portion of Lot "G" of the Ranch0 Agua Hedionda, in the County of San Diego, State of California, according to Map thereof No. 823, filed in the Office of the County Recorder of the San Diego County, November 16; 1896, described as follows: Beginning at the most Southerly corner of said Parcel 3; thence along the Northeasterly line of Parcel 3, North 39O35'10" West, 1666.97 feet to the intersection with the center line of County Road Survey 1534 as shown on said Record of Survey Map No. 2715, being a point on the arc of a 1200 foot radius curve, concave Southwesterly in said center line, a radial line of which bears North 26O52'26" East to said point; thence Northwesterly along the arc of said curve through a central angle of 13052'31" a distance of 290.60 feet to Engineer's Station 99 plus 50.00 of said Road Survey 1534 thence along a radial line of said curve, South 12058'19" West to the Southwesterly line of said parcel designated "Description 3" being the True Point of Beginning thence.retracing North 12 058'19 East to said 1200 foot radius curve in the center line of County Road Survey 1534; thence Westerly along said curve, 39.26 feet to the Westerly end thereof; thence along said center line tangent to said curve North 78o54'09" West 110.74 feet thence Southerly in a straight line to the most Northerly corner of that parcel of land designated "Description No. 5 10364 acres" on said Record of Survey Map No. 5715; thence along the Northeasterly line thereof, being the Southwesterly line of said "Description No. 3", South 57O12'36" East to the True Point of Beginning. 1 . . l 266 81-274339 EXHIBIT nA" FILE/PdGE NO. LEGAL DESCRIPTION: APN: 212-040-19 OFFICIAL FisL(:ORDS SAM DIEGO C3liti?f. CA, 'VERA LYLE All that portion of that certain parcel of land shokrfi,._ ,JFR designated as & "Description No. 3, 78.07 acres" on Record of MC! WI Survey Map No. 5715 filed in the office of the County Recorder Of said San Diego County, December 19, 1960, being a portion of Lot "G" of the Ranch0 Aqua Hedionda, in the County of San Diego, State of California, according to the Map thereof No. 823, filed in the office of the County Recorder of said San Diego County, November 16, 1896, described as follows: Beginning at an angle point in the boundary of said parcel of land shown on Record of Survey Map 5715, said angle point being formed by the courses shown thereon as "North 41O21'46" West, 1086.50 feet" and "North 57O12'36" West, 505.80 feet": thence along the boundary of said parcel of land the following courses and distances; South 41O21'46" East, 1086.50 feet; South 79020'21" East, 377.94 feet, and North 39035'10" West, 1666.97 feet to the intersection with the center line of County Road Survey 1534 as shown on said Record of Survey Map 5715, being a point on the arc of a 1200.00 foot radius curve, concave Southwesterly in said center line, a radial line of which bears North 26051'26" East to said point: thence Northwesterly, along the arc of said curve, through a central angle of 13O52'31", a distance of 290.60 feet to Engineers Station 99+50.00 of said Road Survey 1534; thence, along a radial line of said curve, South 12058*19U' West, to the inter- section with the boundary of said parcel of land designated "Description No. 3, 78.07 Acres"; thence along said boundary, South 57012'36" East, to the point of beginning. la