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HomeMy WebLinkAboutZC 261; George A. Hillebrecht Inc; 82-373117; Public Facilities Fee Agreement/Release. ,’ 124 “2.373111 RECORDING REG1JESTED BY"AND WHEN RECORDED MAIL TO: ;. CITY OF CARLSBAD > 1200 Elm Avenue -” r- .-- --/ i? :I;-., y) 1 ; i’., i ‘I ; Offl,i,q!* ,‘L’. : ; rjy j OF SAti O!: ‘:!j : 1:. ,;, ; y, c:2. i Carlsbad, California 92008 > Space above this NO FEE Documentary transfer tax: s No fee re of'akclarant determining tax-'firm name City of Carlsbad Parcel No.' ZlY-/I/o - g,y _-. , -- AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CAKLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is"'entered into this 27 day of May , 1982 '/ -- -- by and between Georqe A. Hillebrecht Inc. , - - (name of developer-owner) a Cor.poration , hereinafter re,ferred to as (Corporation, partnership, etc.) "Developer" whose address is 2170 Skyline Drive (street) -- -- Escondido, California 92027 (City, state, zip code) and TYE CIFY OF --- . CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as 'ICity", whose address i-s Carlsbad, California, 92008. WITNESSETH: ; WHER.EAS, Developer is the owner of the real property described .on Exhibit "A:, attached hereto and made a part of this agrzemznt, hereinafter referred to as "Property"; and WHEREAS, The Property lies within the boundaries of City; and WHEREAS, project as follows: REV 4-2-82 . “‘.., 125 -. on said Property, which-development carries the proposed name of and is hereafter referred to as "Development";. a'nd WHEREAS, Developer filed on the 27 day of May , -u- - 19 8% , with the City a request for Zone Change - ZC -s/ -- 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 shall not be approved (said element is on need or such development 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 April 2, 1982, in 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 propo.sed 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, Developer proposes to help satisfy the General Plan as implemented by Council Policy No. '17 by payment of a public facilities fee. -2- REV 4-2-32 126 - . . NOW, THEREFORE, - n consideration of the recitals and the covenants contained herein, the parties agree as 'follows: 1. Th'e D,eveloper shall pay to the City a public facilities fee in an amount not to exceed 2% of the building permit valuation of the building or structures to be constructed in the Development pursuant to the Request. The fee shall be paid prcor to the issuance of building or other construction permits for the development 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 Carlsiad Municipal Code. Developer shall pay a fee for conversion o f existing building or structures into c.ondominiums in an amount not to exceed 2% of the building permit valuation at the time of conversion. The fe-e 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, except in reference to mobilehome sites or projects, shall not refer to grading permits or other permits for the construction of underground or stre‘et improvements unless no other permit is necessary prior to the use or occupancy for which 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. -3- REV 4-2-82 ‘ 1’ # ‘* . . x.w.- 127 2. The Developer may offer to donate a site or sites for public, facilities in lieu of all or'part of the fin,ancial 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 0.f any building or other permits. Such determination, when made, shall become a part of this agreement. 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 be void. No building or other construction permit or entitlement for use shall be issued 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 this and similar public facilities f'ees 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. -4- 128 . . . * _ . . 6. All obligatio,.. hereunder shall terminatt in the event the Requests 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 shail not be effective for any purpose whatsoever unless served in one of the following manners: 7.1 If notice is given 'to the City of 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 IJnited States 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 Developes 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 recorded but shall not create a 1Len or security interest in the Property. When,the obligations of this agreement have been satisfied, City shall record a release. -5- REV 4-2-82 IN WITNESS WHEREOF, 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 BY State of California BY City Manager i) (Title) . BY (Title> ATTEST: ALETHA L. RAUTENKRANZ, City Cler APPROVED AS TO FORM: ’ , I * ’ (N t o aria1 acknowledgement of execution by DEVELOPER-OWNER must be attached.) . . . 'REV 4-2-82 - STATE OF CALIFORNIA COUNTY OF SAN DIEGO 130 On MR-i ‘L7, \S82r. before me, the undersigned, a Notary Public in and for said State, personally appeared 3 El4 u u.EQf+~c.qT known to me to be the TyRES\eAr of the go&~ AA. H\LW~&ECTT , UC. the Corporation that executed the within instrument, known to me to be the person who executed the within instrument, on behalf of the Corporation, therein named, and acknowledged to me that such Corporation executed the same. OFFICIAL SEAL NOTStRY PUBLIC-CALIFORNIA $ SAN DIEGO COUNTY + My Commissiorl Expires Dee 18 1084 * e+99999*+9*999i*i*“++: I., . _ I . .LI. . ^ * , , *- ..- 131 EXHIBIT "A"- LEGAL DESCRIPTION South half of a parcel of land described as follows: The South Half of the Southeast Quarter and the South Sixty acres of the North Half of the Southeast Quarter of Section Twenty-one, Township Twelve South, Range Four West, San Bernardino Base and Meridian, in the County of San Diego, State of California, according to United States Government Survey approved October 25, 1875, EXCEPTING that portion described as follows: Beginning at a point 40 rods West of the Southeast corner of said Section Twenty-one , ,Township Twelve South, ,Range Four West, running thence East 40 rods to the Southeast corner thereof; thence North 20 rods to a point: thence West parallel with the South line of said Section, 18 rods to a.point; thence in a direct Southwest line 29 rods to point of beginning. .