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HomeMy WebLinkAboutCUP 194A; AQUACULTURE SYSTEMS INTERNATIONAL; 89-163070; Public Facilities Fee Agreement/Release!' 0569 JCYQ Recording Requested By and Return To: CITY OF CARISGAD 1200 Elm Avenue Carlsbad, CA 92008 RELEASE OF ' f VERA L. LYLE 1| counry RECORDER*"•-"•"• -ii j AGREEMENT ,RF_4.0Q AR2.00 MG 1.00 TO PAY PUBLIC FACILITIES FEES PLEASE TAKE NOTICE that the Agreement For Payment Of Public Facilities Fees between the City of'Carlsbad and Aquaculture Systems International (82-60) required by an Application for CUP-194(A) , as Document No. 82-199333 and recorded on . is hereby released for the following reason: _[ Fees Paid and Obligation Satisfied | | Application Withdrawn Xxl Other Fees not applicable / no new construction DATE CITY OF CARLSBAD by cT MARTIN ORENYAF Community Development Director ATTEST ALETHA L. RAUTENKRANZ City Clerk APPROVED AS TO FORM: ••'PROVED AS TO FORM: VINCENT F. BIONDO, *RwCENT F. BIONDO, JR., CjJY ATTOBNEY *"•:*», A4-4-^i/»>-k^«r It ^^ f ^^ f ^*^City Attorney RONALD R. BALL STATE OF CALIFORNIA ) " nc-'n ) ss. UO'O COUNTY OF SAN DIEGO ) On March 24, 1989 , before me the undersigned, a Notary Public in and for said State,personnally appeared Aletha L. - 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 ofCarlsbad, California, executed the same. WITNESS my hand the the official seal. ***************w************** OFFICIAL SEAL | KARE.N R. KUNDTZ * NOTARY PUBLIC-CALIFORNIA J SAN DIEGO COUNTY * My Comm. Exp. Sept. 27, 1989 J ****************************** -, • -- w . . 82-199333RECORDING REQUESTED BY AND ) —— ****:. WHEN RECORDED MAIL TO: ) CITY OF CARLSBAD ) ' ... 1200 Elm Avenue . ) • 882 JUN 28 PH 3:06 Carlsbad, California 92008 ) i VTR.A [ \'i\ r i ' 1 COL'bJ T f P'-' ''''if' r"r ;- ISpace above this line for Rfe-eSx'd'er '"is 'us'^ I Documentary tr/an^fer tax: $ No fee ._ .NO FEE Signature of declarant determining tax-firm name City of Carlsbad Parcel No. 210-010-29 AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this J8th_d ay of June , 1 9 82_ by and between AQUACULTURE SYSTEMS INTERNATIONAL (name of developer-owner) a Partne_rshjj3 " > hereinafter referred to as ( C o r p~o ration, partnership , etc . ) "Developer" whose address is 11211 Sorrento VaJJlgy Road. Suite E Tstoreet ) San Diego, California 92121 ' '. 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 Avenue, \ Carlsbad, California, 92008. WITNESSETH: 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: a laboratory addition to the approved aquacul-ture facility adjacent to the Encina Power Plant of SDG&E. • . •• REV 4-2-82 ' . . • ...- '846 . , . .on said Property, which development carries the proposed name of Aquaculture Laboratory for the use of thermal effluent in aq.uarii1t.urp. and is hereafter referred to as "Development."; and WHEREAS, Developer filed on the 6th day of June 19_82___, with the city a request for ^approval of the Conditional Use Permit and Environmental Impact- Assessment for_the_ proposed addition. __ __ __ hereinafter referred to as "Request"; and •WHEREAS, the Public Facilities Element of the City General Plan . requires tlat the City Council find that all public facilities necessary to serve a development will be available concurrent with need or svch development shall not be approved (said element is on file with the City Clerk and is incorporated by this reference); and WHEREAS . ' Develo per 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 acco mm o d a t e 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, iS^consideration of the reck^xls and the covenants cont'ained 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 addj-tion to any 'fees, dedications or improvements required pursuant to Titles 18, 20 or 21 of the Car1sbad.Municipa1 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 cooperat-ive . 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 oc.cupavcy 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 • . -;: ' *48 -.,.; . 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 of.fers 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 becom.e 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. thfe Development herein described. -4- n c-tr /. _ o _Q o 849 9 - • "*^«r' • •*tas»"" 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 iii the United States Mail, addressed to the City at the address set forth herein, enclosed in a sealed envelope, addre.ssed 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, a,l 1 obligations of Develop-er 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.shal1 be recorded but shall not create a lien or security interest in the Property. When-the obligations of this agreement have been satisfied, City sh.all record a release. -5- REV 4-2-82 ' IN WITNESS WHEREOF, this' agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: AQUACULTURE SYSTEMS INTERNATIONAL (name) BY James M. Carl berg tGeneral Partner "(Tit lei ; ~ (Title CITY OF CARLSBAD, a municipal corpprat ion of the State of California BY City Manager ATTEST: fl t.tJL. •ALETHA L. RAUTENKRANZ, City Cleri APPROVED AS TO FORM:x ED AS^ TO F V^CENT F. EiGN , Assistant VINCENT F. BIONDO, JR., City Attorney (Notarial acknowledgement of execution by DEVELOPER-OWNER must be at tached. ) —6 ~ REV 4-2-82 EXHIBIT "A1 LEGAL DESCRIPTION- ATI that portion of Rancho Agua Hedionda, in the County of" San Diego, State of California, according to Partition Map thereof No. 823, filed in the office of the County Recorder of San Diego County, November 16, 1896, situated within that portion thereof described in deed to San Diego County Water Company, recorded June 17, 1940 in Book 1035, page 301 of Official Records by Document No. 28815. Also known as County Assessor Parcel No. 210-010-29. TO 441 C (Verification for Partnership Owner) STATE OF CALIFORNIA COUNTY OF <Sg-?? •fj/^c.^\ ss. That he is one of the partners nf /fe?(_?<?/?(,' being duly sworn, says: iiicuix u-I 0.< r- the partnership that executed the foregoing notice as owner of the aforesaid interest or estate in the property therein described; that he makes this verification on behalf of said partnership jy^hat he has read said notice and knows the contents thereof, and that the facts therein stated are true D SWORN TO BEFORE ME Signature. SUBSCRIBE! on OFFICIAL SEAL AUDREY C. BUDD NOTARY PUBLIC • CALIFORNIA Principal Office In San Diego County My Commission Exp. Dec. 23,1§83 Name/(Typed or Printed) (This area for official notarial seal)