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HomeMy WebLinkAboutCT 84-34; FREIBURGER, ALBER AND JEAN/PUNSLEY, RICHARD; 1993-0835114; Public Facilities Fee Agreement/ReleaseRecording Requested By and Return To: CITY OF CARLSBAD ' 1200 Carlsbad Village Drive Carlsbad, CA 92008 1314 RECOKUtK F PARTIAL SfiRF.T.F.ASF. QF AGREEMENT ftHNETTE TO PAY PUBLIC FACILITIES FEES RF: *• W ftF: 3.00 PLEASE TAKE NOTICE that the Agreement for Payment "'Of Public Facilities Fees between the City of Carlsbad and FREIBURGER, ALBER S JEAN s RICHARD PUNSLEY required by an Application for CT 84-34/PUD-75 RELEASE APN 205-210-84 LOT 5 ONLY released for the following reason: IZk Fees Paid and Obligation Satisfied D Application Withdrawn D Other _, as Document No. 84-486160 and recorded on is hereby DATED: ATTEST: 11/30/93 CITY OF CARLSB, By MARTIN ORENYAK Community Development Director ALETHA L. RAUTENKRANZ City Clerk APPROVED AS TO FORM: RONALD R. BALL City Attorney By P. C. REVISED 5/92 FRM00021 315 STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) On December 6, 1993 , before me, Karen R. Kundtz, Assistant City Clerk, personally appeared Aletha L. Rautenkranz, City Clerk . . —._.——___ — , personally known to me (or proved to me on the basis of satisfactory evidence) to be the personfs-) whose name{s} is/aye- subscribed to the within instrument and acknowledged to me that -he/she/they executed the same in W-s/her/t-heir authorized capacityfi-es)-, and that by tvfs/her/the4f signature^ on the instrument the person{s), or the entity upon behalf of which the person(-s-) acted, executed the instrument. Witness my hand and official seal R. KyjIQTZJ AssVsfant City Clerk City of CarlstJad (SEAL) RECORDING REQUESTED BY *ND WHEN RECO.RDED MAIL TO: CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, California 92008 212 84-486160 IS81DEC3I AH S 35 VERA L. LYLE Space above this line fo Documentary transfer tax: $ No fee Signature of declarant determining tax-firm name City of Carl sbad Parcel NoS.- ZO FEE AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this // day of by and between fftcloarJ frlrSUof' Pi/n3\&Y 3Hci Jeato -, 19 (n ame of developer-owner) (Corporation, partnership, etc.) "Developer" whose address is /2 3O , hereinafter referred to a,s oliz. •ainci aT 1337 Md$n6 (street) and THE CITY OF (City,state,zipcode) CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City", whose address is 12QJ Carlsbad, California, 92008. WITNESSETH: WHEREAS, Developer is the owner of the real property desx-lfibed on 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: REV 4-2-82 213 on said Property, whicn development carries the pvi. J"f> o s e d name of and is hereafter referred to as "Development"; and WHEREAS, Developer filed on the / ' day of 19 gf . with the City a request for Tefr'fd'/'/yfc- £vt>QlW9/on 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 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 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 NOW, THEREFORE, . consideration of the re ^ ,/als 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 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 shall pay a fee for conversion o f 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 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 street 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 -- 215 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 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 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 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. -4- REV 4-2-82 216 6. All -obligatic, hereunder shall terminat n 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 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 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 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 shall record a release. -5- REV 4-2-82 217 IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: (Title) BY (Title) CITY OF CARLSBAD, a municipal corporation of the State of California City Manager ATTEST; ALET/HA L . RAHTENKJJANZ , ^Bfty APPROVED AS TO FORM: o' VINCENT F. BIONDO, JR., City At torney (Notarial acknowledgement of execution by DEVELOPER-OWNER must be at t ached. ) OFFICIAL SEAL REGINA A. NEWMAN TOTARYPUBUC-CALIFORNIA SAN DIEGO COUNTY My Conmi. Expires July 19.1986 REV 4-2-82 STATE OF CALIFORNIA COUNTY OF SS. 218 before me, the undersigned, a Mstary PupJic in andjfor said State, personally appeared K- personally known to me or proved to me on njb basis of satisfactory evidenae to be the dlrson(s) whose name(s) subscribed to the within Instrument and acknowledged that ~V"TkjLt . executed the same. WITNESS my hand and official seal. (Seal)0 P"~f <i 023200 9-82* 25 PS Individual Notarial Acknowledgment 219 EXHIBIT "A1 LEGAL DESCRIPTION Parcel 2 in the City of Carlsbad, County of San Diego, State of California, as shown at Page 3316 of Parcel Maps filed in the office of the County Recorder of San Diego County, December 17, 1974 and; All that portion of Tract 240 of Thum Lands, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 1681 filed in the office of the County Recorder of said San Diego County, December 9, 1915, described as follows: Beginning at a point on the center line of Magnolia Avenue, distant thereon South 61°21' West 646.58 feet from its intersection with the center line of Highland Street, said point of beginning being the most Easterly corner of a parcel of land conveyed to Lawrence A. Smith and wife, by deed dated February 25, 1928 and recorded in Book 1465, Page 92 of Deeds, records of San Diego County; thence North 28°30' West along the Northeasterly line of land so conveyed 471.59 feet to the most Northerly corner thereof; thence south 61°21' West, along the Northeasterly line thereof, 94.73 feet; thence South 28°39' East, 471.59 feet to a point on said center line of Magnolia Avenue; thence North 61°21' East along said center line, 94.73 feet to the Point of Beginning.