HomeMy WebLinkAboutCT 81-36; GERARDO, VITO AND PETER J; 84-251640; Public Facilities Fee Agreement/Release^ECOiRDiNiG REQUESTED BY
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AFTER RECORDING MAIL TO:
THE CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, CA 92008
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RELEASE OF AGREEMENT
TO PAY PUBLIC FACILITIES FEES
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PLEASE TAKE NOTICE that the Agreement For Payment Of Public
Facilities Fees between The City of Carlsbad and
Vito and Peter J. Gerardo
required by an Application for CT 81-36/CP-183
and recorded on
June 24, 1982 , as Document No. 82-194839
is hereby released for the following reason:
/X7 Fees Paid and Obligation Satisfied
l~~l Application Withdrawn
/~7 Other
DATED: June 28, 1984
ATTEST:
ALETHA L. RAUTENKRANZ,
City Clerk
CITY OF CARLSBAD
FRANK D. ALESHIRE,
City Manager
APPROVED AS TO FORM:
VINCENT F. BIONDO, JR
City Attorney
By DkKlel SC HentschfceS-A«6ietant
STATE OP CALIFORNIA)
) ss.
COUNTY OF SAN DIEGO)
On July 2, 1984
646
before me the undersigned, a Notary
Public in and for said State, personally appeared Frank D. Aleshire,
known to me to be the City Manager of the City of Carlsbad, a Municipal
Corporation of the State of California, known to me to be the person
\*ho executed the within instrument, on behalf of said Municipal
Corporation, and acknowledged to me that such City of Carlsbad, executed
wthe same.
WITNESS my hand and official seal.
OFFICIAL SEAL
KAREN R. STEVENS
Notary Public - California
Principal Office In
San Oieg* County
»£.p«iS«027 IMS
., •• 217
i^
RECORDING REQUESTED BY AND )
V'HEN RECORDED MAIL TO: )
^-194839
CITY OF CARLSBAD )
1200 Elm Avenue ) 1382 JUN 24 AH If: 00
Carlsbad, California 92008 ) ,I VERAL.LYL.E: i NO FEE
Space above t hi sTTrTQ ~ ~f o r '" ft' e"cQroje j f s use
Documentary tr/ns/fer tax: $ No fee
Signal vi re of declarant determining
tax-firm name
City of Carlsbad
3
AGREEMENT BETWEEN DEVELOPER--OWNE R
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEK
THIS AGREEMENT is entered into this __2_day of _June , 1982.
by and between VIto and Peter J^
(name of developer-owner)
a _E5LrJtnerShig_ _____^ »• hereinafter referred to as
(Corporation, partnership} etc.1
"Developer" whose address is __2J748 Argonayta
(street)
Ca r 1 s ba d» Ca . 92 008 and THE CITY OF
(City-state, zip code)
CARLSBAD, a municipal corporation of the State of California,
hereinafter referred to as "City", whose address is 1200 Elm Avenuj
Carlsbad, California, 92008.
WITNESSET H:
WHEREAS, Developer is the owner of the real property described
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:
Developer proposes to develop a 17 unit condominium project.
REV 4-2-82
,; -•- 218 ;,
on said .Prope.rty, which development carries the proposed name of
Tentative Subdivision Map -- Carlsbad Tract 81-
and is hereafter referred to as "Development"; and
WHEREAS, Developer filed on the 2 day of June
1982 , with the City a request for ^Tentative Subdivision Map
approvaJL^Condo Permit approval.
CTT/f/-3ti/(L/>t!3
hereinafter referred to as "Request"; and
WHEREAS, the Puhlic 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, If) consideration of the recYtals and the
covenants contained herein, the parties agree as follows:
1.' The Developer shall pay to fhe City a public facilities fee
in an amount not to exceed 2% of the building permit valuation of the
building or structures to be const rue ted 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
t
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
4»
permit valuation at the time of conversion. The fee for a
condominium. convers ion shall be paid prior to the issvrance 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 o ecu par, cy 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
' •••; . •' ..;. ••- 22.c; • -
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 t.o
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-
. ' - . 221-
6. All obligatio rf's*' h e r e u n d e r shall t e r m i n a t e****i 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 what soever unless served in one of
the following manners:
7.1 If notice is given to the Cit.y of personal delivery
thereof to the City or by depositing same in the United States Mail,
i
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 an-.i 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 here under.
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
• . . , -• 222,,,
IN WITNESS WHEREOF, this agreement is executed in San Diego
County, California as of the date first written above.
DEVELOPER-OWNER:
Windsor Company
Vito Gerardo
Peter J. Gerardo'
(n ame
BY
Owner-Developer
Owner-Developer
(Title)
CITY OF CARLSBAD, a municipal
corporation of the
State of California
BY
City Manager
ATTEST:
A K ^Z^n^ _
, City ClofcrkALKTHA L. RAUTENKRANZ
APPROVED AS TO FORM:
APPROVED
VINCENT F.;
• /
SWuAttorney
' /, S~~\In
VINCENT F. BIONDO, JR.,
City Attorney
'eT'S.^nfschke,
•(Notarial' acknowledgement of execution by DEVELOPER-OWNER must be
at tached. )
.( State of Illinois
County of Cook
I, _ Barbara J. Born a notary, public in and for the- state of
Illinois, hereby acknowledge the signature of Peter J. Gerardo.
Subscribed and sworn before me this 3rd.day of June
— 6 —
r REV 4-2-82
224
EXHIBIT "A'
LEGAL DESCRIPTION
Lots 425, 426 and 427 of La Costa Meadows Unit No. 3, in the City
of Carlsbad, County of San Diego, State of California, according to
Map No. 7076, filed In the Office of the County Recorder of San Diego
County, October 6, 1971.
STATE OF CA
f , d§ ,personatiy appeared
before me,
IO l«5 l"° F~* " ,
within instrument and acknowledged^ that-
same.
known to me
subscribed to the
.executed the
223
SAFECO
FOR NOTARY SEAL OR STAMP
OFFICIAL SEAL
LORRAINE MARTIN
N01AKY HilBLH. CALlKJtiNc
PhlNClPAl O^ICfc IN
SAN DltGU COUNTY
My Commission Expires August 9, 1982