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Home My WebLink AboutZC 241; Hieatt, James; 81-356526; Public Facilities Fee Agreement/Release-i . - AfLzr recordjng ::?turn'to: _ 1'. Ci(Y of iarlxsbad 1LODd Elm Ave. Carlsbad, CA 92008 904 -0 J ORGINAL AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 29th day of May I 19 81 , by and between James L. Hieatt, Forrest H. and Betty M. . . I (name of developer-owner) a Individual ,hereinafter referred to as (Corporation, partnership, etc.) "Developer", whose address is 604 - 14th Street I (street) Manhattan Beach, CA 90266 , and THE CITY OF (City, state, zip code) CARLSBAD, a municipal corporation of the State o'f California, hereinafter referred to as "City", whose address is 1200 El Avenue, Carlsbad, California,. 92008. . WITNESSETH: . WHEREAS, Developer is the owner of the real property described on Exhibit "A" I attached hereto and made'a part of this agreement, hereinafter referred to as "Property"; and WHEREAS, the Property lies within the boundaries of City; and WHEREAS, Developer proposes a development project as follows: Planned Industrial - ZY’ h ‘IPA$Jq$ +MA 80 . . 3 a’. : . . 8: . SOS on said Property, which development carries the proposed name of To Be Determined and is hereafter referred to as "Development": and WHEREAS, Developer filed on the 29th day of May I 19 81 , with the City a request for rezoning and General Plan Amendment 2c an /GPA59T (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 wfth 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 presen-tly 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. __ .-_ . ’ * I , ‘. g()fj ‘- _- ’ to help satisfy the General Plan as implemented by Council Policy No. 17.by NOW, covenants 1. fee in an payment of a public facilities fee. THEREFORE, in consideration of the reditals and the contained 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 Development I 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 Muni.cipal 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 conddminium 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 . . . . 907 .- . ’ ‘> . the development is intended. Deveioper 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 . ptiblic 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. @he time for donation and amount of credit against the fee by City prior to the issuance of any building Such determination, when made, shall become a shall be determined or other permits. 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 Developmentwill not be consistent with the General Plan and any approval or permit for the Development shall . 4. . _- . * : 908 be void. No building or other construction permit or entitlement for use shall be issued un.til 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 Development herein described. 6. All obligations hereunder shall terminate inthe event , the'kequests made by Developer are not approved. . 7. Any notice from one party to the other shall be in writing, and shall be dated and signed 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 Developer by personal delivery thereof to Developer or by depositing the same in the United States 5: , I’ . - ,. . . . ‘I - 909 * - 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 writingSthe 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 satisfied, City shall record a release. /// /// /I/. /I/ //I /I/ /// //.I /// . . 910 IN WITNESS WHEPEOF, 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 James L. Hieatt, Forrest H. and Betty PI. (Name) BY City .Manager O-uneA (Title) (Title) ATTEST: -, , Cl'ty Attorney (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) . 7. . _- c EXHIBIT "A" LEGAL DESCRIPTION All that portion of Lot "F" 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 San Diego County, November 16, 1896, described as follows: Commencing at point 15 of said Lot and running; thence along the Southerly line of . said Lot, North 51' West 10.18 chains; thence North 25' East 9.chains; thence South 51" East 27.43 chains to a point in the Southerly line of said Lot, which isNorth 74'25' West 1.40 chains from point 16 of said Lot; thence North 74"25' West along said Southerly line 17.20 chains, more or less, to point of commencement.. EXCEPTING THEREFROM that portion of Lot "F" of the Ranch0 Agua Hedionda, according to Partjtion Map thereof No. 823, filed in the office of the County Recorder of San Diego County, described -as follows: . Beginning at Point 16 on the Southerly line of said Lot "F"; thence along said * Southerly line North 73'55'42" West 92.4 feet to the Southeasterly corner of a parcel of land-described in deed to James L. Hieatt, and Joan S. Hi'eatt, husband and wife, recorded . in Book 6268, page 190 of Official Records of said County and the true point of beginning; thence along the Northeasterly line of said Hieatt land North 50'30'42" West, (record North 51' West) 471.06 feet; thence l.eaving said Northeasterly line South 79'42'20" West, 421.54 feet .to said Southerly line of Lot "F"; thence.along said Southerly line South 73'55'42" East, 809.95 feet to the true point of beginning. .. . ,- . x > * ,. * . ,,* . 912 State of CALIFORNIA ) On this the 2g day of May 19 *I before me, -9 ss. County of J,OS ANGELES the undersigned Notary Public, personally appeared _----------- *cl OFFICIAL SEAL ----- J. L. Hieatt ---------------------- _____------------------------------------ known to me to be the person@ whose name@ --&K.- subscribed to the within instrument and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. GENERAL ACKNOWLEDGEMENT FORM GENERAL ACKNOWLEDGEMENT FORM ATTACHED TO: AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE. Dated 29 May 1981. F ff.EtFAG~ HO SOCK i$-- BFFt~lit: 3ECORDS 5i:ii-i DIEGO CD’JNTY, CA VERA L. LYLE I, RECOROER