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Home My WebLink AboutZC 302; Kevane, Robert & Cheryl; 84-100828; Public Facilities Fee Agreement/Release,_ ‘. f Ah . . . . RrlCO,RDING REQUESTED BY AND WHEN RECORDED,MAIL TC: CITY OF CARLSFAD .; . 1200 Elm Avenue Carlsbad, California 92308 -J Space above.this line for Recorder's use NO FEE .Documentary transfer tax: $ No f.ee Signature of declarant determining tax-firm name City of Carlsbad , --- Parcel No. d/J-- ~6u-34yI YKu’L,LJ7 A-GREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PIJBLI'C FACILITIES FEE ---.. .~ THIS AGREEMENT is entered into this 26 day of October --_ _- , 19_31 by and betweenRnhPrfwnP t rhprvl RPTLaZIP . (name of developer-owner) -: - a6~~~o*;~ey$~~ .’ , hereinafter referred to as 3 c etc.) ' . "Developer" whose address is 8480 La Mesa Blvd. (street) La Mesa Ca 92041. (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.1200 E Carlsbad, California, 92008. 'WHEREAS, Developer is the owner of the real property described 'oh Exhibit "A: , 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: t REV 4-2-82 7 c --30x_ .- 1682 . *% on said -Property, which development carries the proposed name of and is hereafter referred to as "Development"; an.d 0 WHEREAS, Developer. filed on the 26. day of nPt.Q&y. 9 19 8?/ , with the City a request for Pre-Annexational Zone Change . -- hereinafter referred to as "R.r:quest"; and aWHEREAS, the'PubJic Facilities Element cf the City General Plan I requires tLat the City Council find that all public facilities necessary to serve a development wili be available concurrent with need or E lch development shall not be approved (said element is on I file with the City Clerk and'is incorporated by.this 'reference); and WHEREAS, .Developer and City recognize the correctne-ss 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 pubiic facilities . and services are at capacity'and will not be -available to accommodate the additibnal 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 futu're needs of . the Development as it is presently proposed-; but'the Developer is aware that the City cannot hnd 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 faciliti'es fee. . . -2- REV d-2-82 I ” . . Sk. 1683 - . NO’W, THEREFORE, in consideration of the recitals and the .’ * covenants cont’ained herein; the parties agree as follows: 1. The Developer shall pay to the City aepublic facilities fee in an amount not to exceed 2% of the building permit valuation of the building or structures to be constructed in the Dsvelopment ‘pursuant to bu be the Request. *The fee shall be paid prior to the issuance of ilding or other construction permits for the de-Jelopment and sha based on the valu.ation at that time. This fee shall be in 11 addition to any .iees, dedications or improvements required pursuant to Titles 18, 20 or 21 of the Carlsbad.Municipal Code. Developer shall pay a fee for conversion o f .existing building or structures into cor6dominiums in an amount not to exceed 2% of the building . permit valuation at the tim.e of convers.ion. The fee for a condominium .conversion shall be paid prior to the issua.nce of a condominium conversion permit as provided in Chapter 21.47 of the Carlsbad Municipal Code. Condominium shall include community apartment or stock cooperat.i.ve. The terms “other construction permits”; “other construction permit” and .“ent it 1emen.t for use” as use’d 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 strekt i;*.;>rovements unless no other . permit is necessary prior to the use or occupa;?y 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 additiqn to any fees, dedications ’ or improvements required according tc Tit.les 18, 20 or 21 .of the Carlsbad Municipal Code.’ -3- . REV ,4-2-82 I . 2. The Deyeloper 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 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 of any building or other permits. Such determination, when made, shall becom,e a part of this agreement. Sites donated under . this paragraph shall not include impr;vements 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 Ci:ty 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 cons.truction 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 fo;. the financing of public facilities when the.City Coun'cil determines the ,?eed exists to provide the facilities and sufficient funds from the payment of this , and similar public facilities fees are kvailable. 5. City agrees to provide upon request reasonable assurances to enable Developer to comply with any requirements of other pv.blic agencies as, evidence of adequate public facilities and services sufficient to accommodate the needs of-the Development herein described. -4- .’ * * SC 1685 - _ . 6. All obligations hereunder shall terminate 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 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 iii 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 Man’ager, 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 .Ma i. 1, 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. Ii Developer should cease .to have any interest ‘in the Property, a,!.1 obligations of Develop-or 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 lien or security interest in the Property. When: the obligations of this agreement have been satisfied, City sh.sll record a release. -5- REV 4-2-82 * l - 168t; L, On thisthe 2 day of ublic, personally appeared d personally known to me 0 proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument on behalf of the partnership, and acknowledged to me that the partnership executed it. WITNESS my hand and official seal. RTNERSHIPACKNOWLEDGMENT FORM 7130 052 NATlOpAL NOTARY ASSOCIATION l 23012 Ventura Blvd. l Woodland Hills, CA9’ , STATE OF CALIFORNIA COUNTYOF San Diem On 10-26-83 ss. , before me, the under- si ned Notary Public personal a eare % obert Kevine anc! f%erv?l Kevane (personally known to me) (proved to me on the basis of satisfactory evidence) to be the person s name whose are subscribed to the within instrument and acknowledged that they executed the same. Signature SAV 193 (7/w) SEAL . *’ . . i. ’ - ‘- 1687 . * v ,. * s . IN WITNESS. WHEREOF, th'is'agreement is executed in San Diego County, California as of the date first written above. i DEVELOPER-OWNER: CITY OF CARLSBAD, 2 municipal corpqration of the State of California BY -- -?.i.ty Manager I ATTE‘ST : -A&&??$%+&+. . .XLETHA L. APPRQVED AS TO FORM: . . VINCENT F. BIONDO, JR., , .- City Attorney : (Notarial acknowledg&ment of execution by DiVELOPER-OWNER must be attached.) -6- REV 4-2-82 . . r’: d l - 1688 - c. ‘. ‘. . l ,-*, * EXHIBIT “h” LEGAL DESCRIPTION- The South 1/2'of the Southwest l/4 of the Northwest l/4 of the Northwest l/4 of Section 26, Township'12 South, Range 4 West, San Bernardino Meridian, according the United States Government Survey, -_ annroved October 27, 1875. ‘ The S-outh l/2 of the Southeast l/4 of the Northwest l/4 of the .Northwest l/4 of Section 26, Township 12 South, Range 4 West, San Bernardino Meridian, according to United States Government Survey-, approved October 27, 1875. * The North l/2 of the 'Southeast lk4 of the Northwest l/4 of the Northwest lk4 of Section 26, Township 12 South, Range 4 West, San Bernardino Meridian, according to United States Government Survey, approved October 27; 1875. .The North l/2 of the 'Southwest l/4 of the Northwest l/4 of the Northwest l/4 of' Section 26, ,Township 12 South, Range 4 west, San Bernardino Meridian, according to United States. Government Survey~i approved October-27, ,1875. . , ,