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HomeMy WebLinkAboutZC 277; Welch, Helen and Darrell; 83-121736; Public Facilities Fee Agreement/Release1 0” 6S2 83-121736 RECORDING REQUESTED BY AND ~WH4!3? RECORDED MAIL TO: RECO5OED 1?J rfFF1CIAL EECC;!?!% ; OF $Ati L!EGO XWW? CITY OF CARLSBAD . . 1200 Elm Avenue 1 Carlsbad, California 92iib8 ) _ tfg3 APR t 5. PM 2 33 1 ~IYi? VECA I. LYLE ~Gm?m Space above this line f-ecorder'm e NO FEE Documentary transfer tax: $ No fee tax-firm name City of Carlsbad Parcel No. 2()4-()40-()1 AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 7th day of ~dri3 , l9Ja by and between . Zimmerman-Chandler Investments C/o Aqatep Corporation (Name of Developer) a * Parmln , hereinafter re (Corporation, partnership, etc.) . .' "Developer" whose address is ' ..~ 1175 Gaviota. : j (Stre.et) Lacruna Beach, Ca. 92651 (City, State, Zip Code) and Helen S. and Darrell A. Welch (Name of Legal Owner) a life estate , hereinafter referred to as (Corporation, etc.) t "Owner" whose address is . 1337 Oak Avenue . (Street) Carlsbad, Ca. 92008 (CltY, State, Zrp Code) AND‘ .the CITY OF CARLSBAD, a municipal corpor'ation of the State of California, '. hereinafter referred to as "City", whose address ie 1200 Elm Avenue, Carlsbad, California, 92008. : . * I ,- ..-t “,.c 613 *c 1 _a ‘h RECITALS WHEREAS, Owner is the owner of the real property descr.ibed on Exhibit "A", attached to and made a part of third agreement, and hereinafter referred to as "Property"; and . WHEREAS, the Property lies within the boundaries of City; and WREREAS, Developer has contracted with Owner to purchase the Property and proposes a development project as follows: 24' residential * * dwelling unit project with undergrourid, semi-submerged parking. 'on said Property, which development carries the proposed name of Harding Street Investor's, Ltd. and is hereinafter referred to as "Development"; and WHEREAS, Developer filed on the 7th day of April , 19 83., with the City a request for Zone Chanse and General Plan. Amendment. .z.c--a77 @fl-& 64C23~ 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 incorporated by this reference); and WHEREAS, Developer, Owner and City recognize the correctness of Council Policy No. 17 dated April 2, 1982,. 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 '. REV 4-2-82 '. -2- : : . . L. s . . ‘ /L- h v 7 614 . WHEREAS, Developer and Owner have asked the City to find that public facilities and 'services will be available to meet the future f--', needs o'#ithe Development as it is presently proposed; but the Developer and Owner are aware that the City cannot and will not be able to make any such findings without financial assistance to pay for such services and facilities; and, therefore, Developer and Owner propose 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 and Owner 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 sha1.l be paid prior 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 Carlsbad Municipal Code. Developer and Owner shall'pay a fee for conversion of existing building 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 th.e issuance of a condominium conversion permit as pr0vided.i.n Chapter 21.47 of the Carlsbad Municipal Co'de. 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 -3- : REV.4-2-82 . . 1 - -yb 615 - projects, shall not refer to grading permits or oth‘er permits for the construction of underground or street improvements u.nless no other permit is necessary prior to the use or. occupancy for which the development is intended. Developer and Owner 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. 2. The Developer and Owner may offer to donate a site or sites for public facilities in lieu of all or part of the financial obligation agreed upon in Para.graph 1 above. If Developer and Owner offers to donate a site or sites for 'public facilities, the City shall consi.der, 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 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 b'y this agreement is paid. -4- , ’ ‘.. . C L + v I 616 - 4. City agrees to deposit the fees paid pursu.ant 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 and Owner to comply with tiny 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. 7. Any notice from one p.arty to the other shall be in writing, and shall be dated and signed by the .party giving such notice or by a du’ly 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 of personal, delivery thereof to the City or by depositing same in the United States M.ail, addressed to the City at the address set forth herein, enclo-sed 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 Mail, enclosed in a sealed envelope, addressed to Developer at the address as may have been designated, postage prepaid and certified. -5- REV 4-2-82 . c ’ ’ ^ , 1 qv 617 - 8. This agreement shall be binding upon and shall inure to the benefit of, and shall apply to, the res.pective successors and assigns of Developer, Owner and the City; and references to Developer, Owner 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. At such time as Owner ceases to have any interest in the Property, all obligations of O.wner hereunder shall terminate; provided, however, that if any succes’sor to the Owner’s interest in the Property is a stranger to this agreement, such successor has first assumed the obligations of owner in writing in a form acceptable to City. 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. -6- arv 4-2-82 - .j ., \ n : A,* l ‘*. . _- % .* 618 IN WITNESS WHEREOF, this agreement is.executed in San Diego County, California as 'of the date first written above. OWNER: I DEVELOPER: Darrell A . Welch, Jr. / Zimmerman-Chandler ~nGes.~meti~ C/O Agatep Corporation BY TITLE ATTEST: CITY OF CARLSBAD, a municipal corporation of the State of California ; l9/Lz& 54. lfl& ALETHA RAUTENKRANZ \ BY City Manager City Clerk APPROVED AS. TO FORM: City Attorney * (Notarial acknowledgement of execution by DEVELOPER and OWNER must be attached.) c REV'4-2-82 -7- P iz E 0” P) E l- : .o ‘m I F ii 3s Jz E c r m a si ? ‘0 r: s: , 1,s. I ..uuf$lg on 8 April 1983 before me, the undersigned, a Notary Public in and for said State, personally appeared kllald B. ZA- - - - - - - - - - - - - - personally known to me (or proved to me on the basis of satis- factory evidence) to be the person_ that executed the within instrument as - - one of the partner(s), . on behalf of cts __-_--------- , the ;artnership therein named and acknowledged to me that the partnership executed it. ,q PRINCIPAL CFFm IN -. ( MN QEGO COUNTY k!y Cnmmission Exp. Apr. Jo, IgeT, ‘.._ (This area for official notarial seal) (Individual) STATE OF CALIFORNIA S~OlPanl SS. . COUNTY OF On A?rll 5, 1981 before me,- the undersiqned a Notary Public in and for said State, personally appeared Helen S. Welch and Darrell A. Welch, Jr. , , (known to me) (or Proved tc me on the basis of satisfactory evidence) to be the perso$ within instrument and acknowledged that they executed tbe same. WITNESS Signature Form 3213 (CA 12.82) .’ ~ L ,; ’ ,, 1 *,, 620 - EXHIBIT "A" - LEGAL DESCRIPTION P 6 9 9 The land referred to herein is rituattd in the Stttt of California, County of San Ditgo, City of Carl&ad, and is dcctrlbtd l e follows: That portian of I& 1, subdivision of Tracts 114 and 120 of CARtsBAD-, in the City of Car&bad, Runty of San Diego, State of California, as per hp thereof No. 1744, filed in the office of the Fkoorder of said San Diego County January 3, 1923, described as follms, to-wit: Beginningatthe intersecrtianoftbe~terlineofOakA~~andthecenter line of Fifth Street: thenoe South 34' 33' Past along said oenter line of Fifth, a distaxe of 240 feet; thence North 55' 27' East a distanoe of 199.93 feet to a point; thence North 34O 33' West, a distance of 240 feet to a point on said oenterlheof Oak Avenue; theme South 55O 27'Westhlongsaidcmter lineof Oak Avenue, a distance of 199.95 to the point of beginning. . EXCEPI'D4Gthe Southeastaly 50 feet thereof. ~withthatpo~~ofOakAvenueadjoiningsaidpropertyalongtheNorth- wsterlylineasclos& tipublicuseby theCityofCarlsbadbyFk.solutionNo. 723, recmdti W&I 3, 1961 as File No. 38238 of Official Records.