HomeMy WebLinkAboutPCD 52; Jeanene Enterprises Inc. & Kap Development Corp.; 83-332381; Public Facilities Fee Agreement/Release“_. . _ ._.- . __--__
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CITY OF CARLSBAD IS83 SEP I g ),)I 8: 23
1200 Elm Avenue
Carlsbad, California 92008 ; VEi’,~ i_, I_“ i :’ L coc1.i; ‘:’ rz,; l::I’:;(;;-.f{ ; t L.-i Space above this line for Recorder's use iv8 FEE
Documentary t_ranafer tax: $ No fee lm? Signature of declarant determining
tax-firm name
City of Carlsbad
Parcel No. ' IX-170 -a $27
AGREEMENT BETWEEN OWNER, DEVELOPER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this 31 day of AH,. , 1931 d
by and between
KM Q (rut Od ,,f LY#.
(N&e of Develop(kr)
a cc2 ,A& -, hereinafter referred to as
(Corporati partnership, etc.>
"DeGeloper" whose address is
WY-0 Street)
CI. 9 LQk 3 (4:ity,State, Zip Code)
and JeaneneEnterprises, Inc.
Corporation
a-77Xjp~rstion, etc.)
"Owner" whose a%h!PSJ@fkson Street 2503 Jefferson St
(Street)
Carlsbad, Ca 92008 . I
(City, State, Zip Code)
AND
.'the CITY bF CARLSBAD, a municipal corporation of the State of California,
hereinafter referred to as “City”, whose address is 1200 Elm Avenue,
Carlsbad, California, 92008. pc b 4-J-
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RECITALS 1501 --
WHEREAS, Owner is the owner of the real property described on
Exhibit "A", attached to and made a part of this agreement, and
hereinafter referred to as "Property"; and
WHEREAS, the Property lies within the boundaries of City; and
WHEREAS, Developer has contracted with Owner to purchase the
Property and proposes. a development project as follows: 4 If+*1
$ GbJlhY “cm !?I&. .
on said Property, which development carries the proposed name of ifsw~ PLL
and is hereinafter referred to as “Development"; and
WHEREAS, Developer filed on the 31 day of A,,. ',
19 83 , with the City a request for l/6 h/ A e p-q -1 'I .
(I
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
fiie with the City Clerk and incorporated by this reference); and
WHEREAS, Developer, Owner and City recognise 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
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REV 4-2-82
1502 -
WHEREAS, Developer and Owner have 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 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:
s 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 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 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 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
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.~’ . 1503 - ’
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 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 pub’lic facilities in lieu of all or part of the financial
obligation agreed upon in Paragraph 1 above. If Developer and Owner
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 L
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.
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4. Cit.y agrees to deposit the fees paid pursuant to this
agre’ement*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 any 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 party to the other shall be in writing,
and shall be dated and signed by the party giving such notice or by a
duly authorised 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
I
thereof to the City o’r 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.
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REV 4-2-82
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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, 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 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 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.
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IN WITNE‘SS WHEREOF, this agreement is executed in San Diego
County, Cfilifornia as of the date first written above.
owm:
J2anene Enierprises, Inc.
*1 ATTEST:
ALETHA L. RAUTENKRANZ
City Clerk
DEVELOPER:
ML K,(c&- u
BY -
TITLE ~ucrad y
TITLE
CITY OF CARLSBAD, a municipal
car-poration of the
State of California
BY
City Manager
APPROVED AS TO FORM:
,
VINCENT F. BIONDO, JR.,
L _._ City Attorney
(Notarial acknowledgement of execution by DEVELOPER and OWNER must be attached.)
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REV 4-2-82
TO ,945 CA (8.74,
(Corporation)
STATE OF CALIFORNIA ) 1507
COUNTY OF an Diem I
ss.
On Aumub 31. 1983 before me, the undersigned, a Notary Public in and for said
State, personally appeared Jeans- A* bh”~‘on ,
known to me to be the President, and
known to me to be Secretary
of the corporation that executed the within Instrument,
known to me to be the persons who executed the within
Instrument on behalf of the corporation therein named, and
acknowledged to me that such corporation executed the
within instrument pursuant to its by-laws or a resolution of
its board of directors.
WITNESS my hand and official seal.
YtCNAEf. N. MEYERS
l&lAf?Y PUBLIC - CAUFORNIA
PRINCIPAL OFFICE IN SAN DIEGO COUNTY
Signature Mtih t $m
STATE OF CALIFORNIA I
C0UNl-f OF San Diego
On this the 31s$,ayofAugust
I ss. I
1983 before
me, the undersigned Notary Public, in and for said County and State
personally appeared Mike Kupfer
proved to me on the basis of satisfactory evidence to be the
President, and
proved to me on the basis of satisfactory evidence to be
Secretary of the corporation that executed the within instrument on behalf
of the corporation therein named, and acknowledged to me that such
corporation executed the within instrument pursuant to its by-laws or a
resolution of it’s board of directors, n
(This area for olBcia1 notarial seal)
FOR NOTARY SEAL OR STAMP
SHARON M. CAMPBELL
NOTARY PUBLIC-CALIFOPJU
PRIHCIPAL OFFICE IN
SAN IlIECfI COIINl-‘y
@ SAFE00
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* ,~ . . 1 .
B-636492
EXHIBIT "A“
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1508
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PARCEL 1: _,.
The Easterly 235.00 feet of that portion of Lot 1 in Section 1, Township 12 South, Range 5 West, San Bernardino Meridian, in the City of Car&bad,
County of San Diego, State of California, according to Official Plat thereof, described as follows: .
Beginning at the Northeast corner of said Section 1; thence South
OO"O5'OO" West along the Easterly line of said Section, 756.00 feet to
the True Point of Beginning; thence continuing South OO"O5'00" West, 88.00 feet; thence North 89'55'00" West, 495.00 feet to the West line of the East 15 acres of Lot 1; thence along said West line North OO"O5'00"
East, 88.00 feet; thence South 89°55'OO" East, 495.00 feet; more or less to the True Point of Beginning.
PARCEL 2:
The Northerly Half of that portion of Lot 1 in Section 1, Township 12 South, Range 5 West, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California, according to Official Plat
thereof, described as follows:
Beginning at the Northeast corner of said Section 1; thence South OO"O5'00" West along the Easterly line of- said Section, 668.00 feet to the True Point of Beginning; thence continuing South OO"O5'OO" West,
176.00 feet; thence North 89°55'OO" West, 495.00 feet to the West line
of the East 15 acres of Lot 1; thence along said West line North 00"05'00"
East, 176.00 feet; thence South 89"55'00" East, 495.00 feet more or less, to the True Point of Beginning.
8 SAFECO