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HomeMy WebLinkAboutZC 261; Vista Loma Investments; 82-398028; Public Facilities Fee Agreement/Release* - RECGRD‘ING REQtJESTED BY AND WHEN RECORDED MAIL TO: ) CiTY OF CARLSBkD 1200 Elm Avenue OFFICiAL EE.*CQS!I’)S OF SAN CiEi;iJ CCUH’TY.EA. I982 DEC 29 AI4 lo: 5 7 Carlsbad, California 92008 1 -- Space above this Documentary transfer tax: $ No fee *arant determining tax-firm name City of Carlsbad Parcel No. 2/.;1-qw,z2, -_I--- ---we---- -p-- ---a-- AGRXEMENT BETWEEN DEVELOPER--OWNER AND THE CITY OF CAKLSRAD FOR THE PAYMENT OF A FUBL,l'C FACILITIES FEE - -- --- THIS AGREEMENT is entered into this L I4 day of --. by and between Vista Loma Investments ----- -- -." .- (name -- of develcpcr-owner) ; a Partnership , hereinafter re,ferred to as - Corporation, partnership, etc.) "Developer" whose address is (street) m- Carlsbad, California 92008 and THE CITY OF -(City, state, zip code) . CARLSBAD,.a municipal corporation of the State of California, hereinafter referred to as '!City", whose address is Carlshad, California, 92008. WITNESSETH: WHEdEAS, Developer is the owner of the real on Exhibit "A:, attached hereto aad made a part of this agreement, hereinafter referred to as "Property"; and WHEREAS, The Property lies within the boundaries of City; artd WHEREAS , Developer proposes a development project as follows: zon/; ch?/~g ---.mv -- / REV 4.-2 -82 ZC -d 6/ on said,Proparty, which development carries the proposed name of and is hereafter referred to as "Developm‘ent";. and WHEREAS, Developer filed on the day of May , 19 87, with the City a request for mCnancre ze -a& 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 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 he available to accommodate the additional need for public facilities and services resulting from the propqsed Development; and . WHEREAS, Developer has asked the City to find that public facilities and services will he 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 4-2-82 ’ .’ - . 15g4 .,- *rJOW, THEREFORE, #I consideration of the ret cals 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 building or structures to be constructed in the Development pursuant to the Request. The fee shall be paid prkor 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 he in addition to any, fees, dedications or improvements required pursuant to Titles 18, 20 or 21 of the Carlsdad 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 convers.ion permit as provided in Chapter 21.47 of the Carlshad Municipal Code. Condominium shall include community apartment or stock cooperative. The terms "other construction permits", "other construction per-mit" and "entitlement for use" as used in this agreement, except in referenc.e to mobilehome sites or - projects, shall not refer to grading permits or other permits for the construction of underground or stre‘et ii:iprovemente unless no other permit is . necessary prior to the use or occupancy for which the development is i.ntended. 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. he in addition to any fees, dedications or improvements required according to Titles 18, 20 or 21 of the 'Carlshad Municipal Code. -3- REV 4-2-82 .’ 1.505.. - 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 I 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 I this paragraph shall not include imprbvements 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 herei'n, 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 he 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 fees are 'available. 5. City agrees to provide upon request reasonable assurances to enable Developer to comply with any requirements of other pu,blic agencies as evidence of adequate public facilities and services sufficient to accommodate the needs of-the Development herein describ,ed. -4- : -. : . 2, J I All obligatio , hereunder shall terminat. 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 shall not he 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 IJnited States Yail, 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 ‘Jnited 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 i-nure 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 t.he 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 obl,igations hereunder. 9. This agreement shall he recorded but shall not create a lien or security interest in the Property. When, the obligations of this agreement have been satisfied, City shall record a release. we 5- REV 4-2-82 r * ‘. . . . * * 15.;; .v . , IN WITNESS WHEREOF, th-is agreement is executed in San Diego - County, Ca'l'ifornia as.of the date first written above. DEVELOPER-OWKER: CITY OF CARLSBAD, a municipal corporation of the State of California BY City Manager --- Investments ATTEST: APPROVED AS VINCENT F. SIONDOt JR,, . City Attorney 1 (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) ‘\ e , REV 4-2-82 STATE OF CALIFORNIA COUNTY OF SAN DIEGO On 6/7/82 before me, the undersigned, a Notary Public in and for said State, personally appeared Joe Ukegawa and Hiroshi Ukegawa, known to me to be partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. WITNESS MY HAND AND SEAL. ._...__._ OFFICIAL SEAL $ ELLEN E. GRIFFITH + NOTARY FUGLIC-CALIFORNIA 2 SAPJ D\EGO COUNTY * hc:misrion Expires Ccc. 18, 1984 2 yQh&. lhb&$%Q Notary Public "' - . ,* - * ! ,, * ‘.. ‘. ,* EXHIBIT "A" ~ LECAL DESCRIPTION -- Parcel L; All that parcel of land designated as "Description No. 4. 76.89 Acres" as shown and delineated 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 there.of No. 823, filed in the Office of the County Recorder of San Diego County, November 16, 1896;etc., a complete legal description of which is attached hereto and made a part hereof,. market Exhibit A" and comprising orie page.