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HomeMy WebLinkAboutCT 84-02; National Properties; Ker Kong Tung; 88-456874; Public Facilities Fee Agreement/ReleaseRecording Requested By and Return To: ,£ITY OF CARLSBAD s ' 1200 Elm Avenue Carlsbad, CA 92008 1023 RF4.00 AR2.00 MG1.00 RELEASE OF AGREEMENT TO PAY PUBLIC FACILITIES FEES 88 45687* 1 *" RECORDED IH | f OFFICIAL RECORDS ieFSA*D£iiQCO'JKTY.CA.| 88 SEP 12 AH $26 i yfPA L ? YLE ! LfOUHTY fi£CQit0£8J PLEASE TAKE NOTICE that the Agreement For Payment "Of Public Facilities Fees between the City of Carlsbad and & Ker Kong Tung (84-18) National Properties & Syndications required by an Application for CT-84-2/CP-270 7./T5/84 , as Document No. 84-057584 released for the following reason: |xx| Fees Paid and Obligation Satisfied [~| Appl ication Withdrawn |~~| Other and recorded on is hereby DATED: 8/25/88 'Al i EST: ALETHA L. RAUTENKRANZ City Clerk APPROVED AS TO FORM: VINCENT F. CITY OF CARLSBAD By 3, MARTIN_ORENYAK Community Development Director * 1024 STATE OF CALIFORNIA ) ) ss . COUNTY OF SAN DIEGO ) On , before me the undersigned, a Notary Public in and for said State, personally appeared Aletha L. September I, 1988 Rautenkranz known to me to be the City Clerk of the City of Carlsbad,a Municipal Corporation of the State of California, known to me to be the person who executed the within instrument on behalf of said Municipal Corporation, and acknowledged to me that such City of Carlsbad, California, executed the same. WITNESS my hand the official seal. *****»#****»*****»***********!]! * XSCSSs. OFFICIAL SEAL J * iC-S^ KAREN R. KUNDTZ $ S l&??§ij NOTARY PUBLIC-CALIFORNIA J * VS*S«/ SAN DIEGO COUNTY ** ^S^ My Comm. Exp. Sept. 27, 1989 J ****************************** v.. RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, California 92008 ) *66<* ) ) •) ) ) V I RECORDED !N I OF SAN^D^nn^^'r^ I9S4FEB 15 PH I VERA 1 i v- t [ COUNT YRECUROiRDER T^^^^BfSSS!*™^^Space above this line for Recorder's "uTi'e NO FEE Documentary transfer tax: $ .No fee Signature of declarant determining tax-firm name City of Carlsbad Parcel No. 215-360-12, 13, 14, & 15 AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 3RD day of JANUARY t 19 84 by and between NATIONAL PROPERTIES & SYNDICATIONS, INC. (Name of Developer) CALIFORNIA CORPORATION hereinafter referred to as (Corporat ion , part ner sh ip , etc.) "Developer" whose address is 1010 TURQUOISE STREET 0301 (Street) SAN DIEGO^ CA 92109 (City, State, Zip Code) KENNETH J. PIERRE, CHARLES C. HOU, KER HWA TUNG, ISHKHAN SULTANIAN, and CHIEN-YUNG WEI, JULIE H. WEI, KER-KONG TUNG COWNER/AGENT FOR ALL OWNERS) (Name o~f Legal Owne r) a , her«:inafter refe (Corporat ion, etc.) "Owner" whose address is 7739 ANNILLA WAY (Street) CARLSBAD, CA 92008 (City, State, Zip Cole) AND the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City", whose address is 1700 F.Ira Avenue, Carlsbad, California, 92008. RECITALS 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: «t8 CONDOMINIUM LIVING UNITS on said Property, which development carries the proposed name of VISTA POINTE and is hereinafter referred to as "Development"; and WHEREAS, Developer filed on the *+ TH day of JANUARY 19 8*+ with the City a request for A PLANNED DEVELOPMENT (P.P.) AND TENTATIVE MAP 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 incorporated by this reference); and WHEREAS, Developer, Owner and City recognize 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 -2- 1226 /*-•-% 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: 1. The Developer and Owner shall pay to the City a public facilities fee in an amount not to exceed 27, 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 -3- REV 4-2-82 1227 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 public 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 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. -14- ,"•• ' ,: 1228 J 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 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 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. -5- REV 4-2-82 1229 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. -6- IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. OWNER: (Name)" (Signa? (Name) (Signature) (Name) (Signature) ATTEST: ALETHA L. RAUTENfcRANZ City Clerk APPROVED AS TO FORM: DEVELOPER: NAT^NAL PROPERTIES, & SYNDICATIONS, IN GABRIEL SECRETARY CITY OF CARLSBAD, a municipal corporation of the State of Cal Lf o rn i a BY City Manager VINCENT F. BIONDO, JR., City At t orney (•Notarial acknowledgement of execution by DEVELOPER and OWNER must be attached.) — 7 — REV 4-2-82 t. u uX STATE OF CALIFORNIA COUNTY OF On me, the/undersigned, pHSIotary Public in and for said State, personally appeared personally known to me or proved to me on the basis of satisfactory .evidence to be thVperson(s) whoseuJame(s) subscribed to the within Instrument and acknowledged that f^*~^L executed the same. WITNESS my hand and official seal. K J. WHITING NOTARY PUBLIC-CALIFORNIA n SAN DIEGO COUNTY My Commission Expires Mar. 11, 198/JJ • . 023200 9-82* 25 PS Individual Notarial Acknowledgment STATE OF CALIFORNIA COUNTY OF On JANUARY DIEGO .} ATICOR COMPANY ss. ?> , said State. perso nailv appeared RONALD B A C H R A C H before me, the undersigned, a Notary Public in and for personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the _________^_____^_ President, and RICHARD GABRIEL personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the Secretary of the Corporation that executed the within instrument and acknowledged to me that such corporation executed the within instru- ment pursuant to its by-laws or a resolution of its board of directors. WITNESS myiand and official seal. Signature CJ~ OFFICIAL SEAL JENNIFER ASMAR NOTABJ PUBLIC • CUIFORNtM H»!NCIFH OFFICE IN SAN OlfCO COUNTY 'My Commission Expires March 8, 1985 VWbW (This area for official notarial seal) 1232 IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. OWNER: (Nome:) c.. (Name) X Signature) (Name) (Signature) ATTEST : ALETHA L. City Cle ENKRANZ APPROVED AS TO FOR CAT. NO. NN00627 TO 1944 CA (7-82) (Individual) STATE OF CALIFORNIA COUNTY OF On usX\ I said State, personally appeared DEVELOPER: BY TITLE BY TITLE CITY OF CARLSBAD, a municipal corporation of the State of CalifornL BY City ager TITLE INSURANCE ANDTRUST ATICOR COMPANY SS. be g^ I before.me, the undersigned, a Notary Public in and for , personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name subscribed to the within instrument and acknowledged that exe- cuted the same. WITNESS my hand and official seal. Signature OiTiClAl SEAL DAMIiZL M. HOU NOTARY fUDUC-CALIHORNIA pi?!,-;CTAL OFFICE IN LOS ,,r.C£L£3 COUNTY cn F.xoiiv.::. Sept. 10, 1384 (This area for official notarial seal) -7- REV 4-2-82 1233 IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. OWNER: (Name)/ (Signature) (Name) (Signature) (Name) (, Signature) ATTEST: ALETHA L. RAUT1 City Clerk ANZ APPROVED AS TO FORM: DEVELOPER: BY TITLE BY TITLE CITY OF CARLSBAD, a munipifal corporation of the State of Californij BY City M-a-nager VINCENT F. City At ONDO, JR., rney (Notarial acknowledgement of execution by DEVELOPER and OWNER must be at t ached. ) -7- REV 4-2-82 1CO o 1234 STATE OF CALIFORNIA COUNTY OF 6th ss. day of -February Notary Public in and for said County and State, personally appeared —Ker^Kon£ Tung I SAFECO TITLE INSURANCE . 19 "^, before me the undersigned, a a % » i55- f ___^. , personally known to me or proved to me on the basis of satisfactory evidence to be the whose name subscribed to the within instrument and ad<nqw|edged that executed the same. .aron M STATE OF CALIFORNIA CITY AND COUNTY OF SAN FRANCISCO iwiimiiiiiiiitimmiifmiiHinnHiiiiiiiiiiiuj OFFICIAL SEAL I HIMEO IWATA I NOTARY PUBLIC-CALIFORNIA CITY & COUNTY OF SAN FRANCISCO MV COMMISSION EXPIRES FEB. 22, 1985 FOR NOTARY SEAL OR STAMP OFFICIAL SEAL SHARON M FRIEDMAN NOTARY PUBLIC CALIFORNIA PRINCIPAL OFFICE IN SAN DIEGO COUNTY My Comwwssiofi fcupuvs A*r 1 tM 23rdOn this thousand nine hundred and Eighty.-FQur_ -day of -January Himeo IWATA in the year one — , before me, personally appeared and Ker-Hwa Tung a Notary Public, State of California, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name subscribed to this instrument, and acknowledged that s he executed it. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal in the —City and> County of San Franc isc<yy on the dateytfiten abo/e.. Notary Public, State of California My commission expires February 22, 1985 GS-24 (6/82) - Acknowledgement - General (California Civil Code Section 1189) ' . , v 1235 IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. OWNER:DEVELOPER: QtW-^/^fl kM (Name) __ (Signature)"ft^-7-%- lAk#_^ VT^ ATTEST:Subscribed and sworn to before me by Chein-Yung Wei this 3rd day of February, 1984. ALETHA L. RAUTENKRANZ City Clerk APPROVED AS TO FORM:m<ss/on Expii TITLE CITY OF CARLSBAD, a municipal corporation of the State of California ity Manager '. Texas to. 1987 VINCENT F. BIONDO, JR., City At torney (Notarial acknowledgement of execution by DEVELOPER and OWNER must be at t ached . ) -7- REV 4-2-82 uieuz _0. U) CAT. NO. NN00627 TO 1944 CA( 1-83) (Individual) STATE OF CALIFORNIA COUNTY OF L- A U36 TICOR TITLE INSURANCE On said State, personally appeared-^jg. J"M_ (if M . ss. before me, the undersigned, a Notary Public in and for , personally known to me or proved to me on the basis of satisfactory evidence to be the person——whose name — subscribed to the within instrument and acknowledged that ^5 fi^. exe- cuted the same. WITNESS my hand and official seal. Signature OFFICIAL SEAL CASSIE G NG NOTARY PUBLIC - CALIFORNIA LOS ANGELES COUNTY My comm. expires FEB 16, 1985 (This area for official notarial seal) 1237 IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. OWNER: (Signature (Name) (Signature) (Name) (Signature) ATTEST: < ALETHA L. MUTENKRANZ City Cle/rlc PROVED AS TCKFORM: DEVELOPER: BY TITLE BY TITLE CITY OF CARLSBAD, a municipal corporation of the State of California BY City Manager VINCE-NT F. BIONDO, JR., Citxy Attorney STATE OF CALIFORNIA COUNTY OF On ///7 (Individual) . before me, the undersigned, a Notary Public in and for said State, personally appeared D personally known to me J2 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) / -* subscribed to this instrument and acknowledged that n 6- executed the same. WITNESS my hand and official seal. Signature. FORM 211 (Rev. 6/82) -7- (This Area for official notarial seal) OFFICIAL SEAL DONNA MILLER NOTARY PUBLIC - UUfOftNIA PRINCIPAL OFFICE IN CHANGE COUNTY Mr CommissiM Exp. to. V JWW^ REV 4-2-82 1238 EXHIBIT "A" LECAL DESCRIPTION LOTS 413 THROUGH 416 OF LA COSTA MEADOWS, UNIT 3, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 7076 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY.