HomeMy WebLinkAbout1979-09-18; City Council; Resolution 5935a
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RESOLUTION NO. 5935
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
THE FORM OF A SECURED AGREEMENT FOR
THE PAYMENT OF PUBLIC FACILITIES FEES
AND AUTHORIZING THE CITY MANAGER TO
EXECUTE THEM ON BEHALF OF THE CITY IN
ACCORDANCE WITH COUNCIL POLICY NO. 17.
WHEREAS, the Public Facilities Element of the General
Plan provides that new development may not be approved unless
the City Council is satisfied that all necessary public
facilities will be available concurrent with need; and
WHEREAS, the City Council, by adoption of Council Policy
No. 17, has found that there is a present need for and lack
of ability to provide public facilities and services for
new development and has established requirements which must be
met in order to satisfy the public facilities element of the
General Plan.
is incorporated by reference herein; and
Said policy is on file with the City Clerk and.
WHEREAS, Council Policy No. 17 requires that, prior to
the approval of any zoning, rezoning, development or redevelopmenl
proposal, the applicant shall pay, or agree to pay, a public
facilities fee in the amount of 2% of the building permit
valuation of the building or structure or the sum of $1,150.00
for each mobilehome space to be constructed pursuant to such
approval ; and
WHEREAS, the City Council wishes to establish a procedure
to provide for the execution of secured agreements for the
payment of public faciltities fees in satisfaction of the
requirements of the Public Facilities Element of the General
Plan and Council Policy No. 17;
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NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Carlsbad, California as follows:
1. That the above recitations are true and correct.
2. That the City Council hereby approves the attache,
agreement entitled, "Secured Agreement Between Developer and
the City of Carlsbad for the Payment of Public Facilities
Fees".
3. That the City Manager is hereby authorized to execute
such agreements on behalf of the City of Carlsbad.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
City Council of the City of Carlsbad, California, held on the
18th day of Seutember , 1979 by the following vote, to wit
AYES : Councilmen Skotnicki, Anear, Lewis and
NOES : No ne
ABSENT: Councilman Packard
Councilwoman Cas1 er
ATTEST :
ALETHA L.
( SEAL)
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SECURED AGREEMENT BETWEEN
DEVELOPER AND THE CITY OF CARLSBAD
FOR THE PAYMENT OF A PUBLIC FACILITIES FEE
THIS SECURED AGREEMENT is entered into this day
of , 19 - , by and between - 1/
I (Name of Developer/Owner)
a J
(corporation, partnership, etc.)
hereinafter referred to as "Developer", whose address is
J (street)
J (city, state, zip code) - 2/
and
THE CITY OF CARLSBAD, a municipal corporation of the State
of California, hereinafter referred to as "City", whose
address is 1200 Elm Avenue, Carlsbad, California 92008.
W I T N E S S E T H:
A. WHEREAS, Developer is the owner of the real property
described on Exhibit "A" attached hereto and by this reference
incorporated herein by reference, and hereafter referred to
as "Property" - 3/; and
B. WHEREAS, the Property lies within the boundaries
of City; and
C. WHEREAS, Developer proposes to construct - 4/
on said Property, which development carries the proposed
name of and is
hereafter referred to as "Development"; and
D. WHEREAS, Developer
(filed on the day of I
with the City a
19 ) (intends to file)
request for (hereinafter referred to as "Request") ?/
E. 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 reference herein); and
F. WHEREAS, Developer - 6/ and City recognize the
correctness of Council Policy No. 17 (attached hereto and
made a part hereof) and that the City's public facilities
and services are at capacity and will not be available to
accommodate people who may subsequently move into the proposed
development; and
G. WHEREAS, Developer - 7/, in order to meet the General
Plan requirement as implemented by Council Policy No. 17, has
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requested of the City assurances that public facilities and
services will be available to meet the needs of the future
residents of the development as it is presently proposed and
the Developer is aware that the City cannot, and will not,
be able to give Developer any such assurances without financial
assistance to pay for such services and facilities; and
H. WHEREAS, the Developer - 8/ agrees to provide such
financial assistance in accordance with the terms of this
agreement and the City agrees to provide assurances that
public facilities and services will be available to meet the
needs of the future residents of the development as it is
presently proposed.
NOW, THEREFORE, THE PARTIES HERETO HEREBY AGREE as
follows:
1. The Developer - 9/ shall pay to the City a public
facilities fee in the amount of 2% of the building permit
valuation of the buildings or structures to be constructed
in the development pursuant to the Request. The fee shall
be paid prior to the issuance of building, grading or other
permits for the development and shall be based on the valuation
at that time. A credit toward such fee shall be given for
land which has been dedicated for park purposes or for any
fees paid in lieu thereof pursuant to Chapter 20.44 of the
Carlsbad Municipal Code.
2. The Developer - 10/ may in the future offer to
donate a site for public facilities in lieu of all or part
of the financial obligation agreed upon in paragraph 1
above, which offer the City shall consider but is not obligated
to accept.
3. To secure Developer's - 11/ obligation hereunder,
Developer - 12/ shall provide to City the securities called
for in subparagraph 3.1 or 3.2 or 3.3:
3.1 A surety bond in favor of City in a form
acceptable to the City Attorney from an insurer acceptable
to City in the amount of the estimated fee for the Development
to insure Developer's - 11/ performance of the terms of this
agreement. - 13/
3.2 A bank or savings and loan time certificate
of deposit in the amount of the estimated fee for the Development
in a form acceptable to the City Attorney naming the City as
an irrevocable assignee for the term of this agreement, and
expressly providing that any interest accruing on the time
certificate of deposit shall be solely the property of
depositor and the City shall have no rights to any such
interest. - 13/
3.3 Such other security as may be acceptable to
the City. _I 13/
The securities required hereby shall be released upon satisfaction
of Developer's - 11/ obligation.
Manager may release a portion of the security upon payment of
In phased projects, the City
fees for a part of a Development.
4. City agrees to provide assurances that public
facilities and services which will be available to meet the
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needs of the future residents of the areas to be developed
and will furnish Developer - 14/, upon his request, assurances
necessary to enable Developer - 14/ to comply with any require-
ments of other public agencies as evidence of adequate
public facilities and services sufficient to accommodate the
needs of the developments herein described.
5. All obligations hereunder shall terminate in the
event the Requests made by Developer are not approved and
the City shall within ten (10) days after written notice to
City by Developer, deliver to Developer necessary documents
for releasing the security provided to City pursuant to
paragraph 3 hereof.
6. 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:
6.1 If notice is given to the City, by personal
delivery thereof to the City or by depositing the 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
an certified.
6.2 If notice is given to Developer, by personal
delivery thereof to Developer or by depositing the same in
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the United States Mail, enclosed in a sealed envelope addressed
to Developer at the address set forth herein or at such
other address as may have been designated, postage prepaid
and certified.
6.3 If notice is given to a surety or other
person, by personal delivery to such surety or other person
or by depositing the same in the United States Mail, enclosed
in a sealed envelope addressed to such surety or person at
the address at which such surety or person last communicated
to the party giving notice, postage prepaid and certified. - 15/
7. This agreement shall be binding upon and shall
inure to the benefit of, and shall apply to, the respective
successors and assigns of Developer - 16/ and the City, and
references to Developer - 17/ or the 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
and shall have complied with paragraph 3 hereof. - 18/
8. This agreement shall be recorded. When the obligations
of this agreement have been satisfied, City shall record a
release.
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IN WITNESS WHEREOF, this agreement is executed in San
Diego County, California as of the date first written above.
DEVELOPER: - 19/
(Name)
Title
Title
ATTEST: CITY OF CARLSBAD, a municipal corporation of the State of
California
BY ALETHA L. RAUTENKRANZ, City Manager City Clerk
APPROVED AS TO FORM:
VINCENT F. BIONDO, JR.
City Attorney
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F 0 0 T N 0 T E S:
Full information concerning the Owner and Developer should be set out here and the name of the Owner should be identical to that used by the Owner in holding title to the property.
If Developer is other than the Owner, add
"And
(Name of Legal Owner)
a
(Corporation, etc. 1
Hereinafter referred to as "Owner" whose
address is:
The exact legal description of the property should be set forth on Exhibit "A". If Developer is not the Owner, replace the word "Developer" with the word "Owner" in the first line.
Insert a description of the proposed project. If the
Developer is not the Owner, 1st line should read,
"WHEREAS, Developer has contracted with Owner to
purchase the property and proposes to construct".
State whether the Developer has or will apply for a rezoning and/or conditional use permit or some other permit or application. Where the property is to be
rezoned, state the present zoning and the proposed
zoning.
by the City, state the number.
Where an application number has been assigned
If Owner is not the Developer, add "And Owner".
If Owner is not the Developer, add "And Owner".
If Owner is not the Developer, add "And Owner".
If Owner is not the Developer, add "And Owner".
If Owner is not the Developer, add "And Owner".
If Owner is not the Developer, add "And Owner',s".
If Owner is not the Developer, add "And Owner".
The proposed form of bond or time certificate of deposit or other security should be submitted to the City before the Developer and Owner signs this Agreement to
assure that the bond or certificate will be in a form satisfactory to the City when later delivered.
If Owner is not the Developer, ad6 "Or Owner".
If Owner is not the Developer, add 56.4 providing in similar terms for notice to the owner.
If Owner is not the Developer, add 'I., Owner".
If Owner is not the Developer, add "Or Owner".
If Developer is not the Owner, add
"At such time as Owner ceases to have any interest in
the property, all obligations of Owner hereunder shall terminate; provided, however, that if any successor
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 and shall have complied
with paragraph 3 hereof. I'
If Owner is not the Developer, add appropriate signature blanks for Owner.
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