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HomeMy WebLinkAboutGPA/LU 84-9; Levatino, J and N and R Grosse Development; 88-x58984; Public Facilities Fee Agreement/Release88 J5898t 1398 Recording Requested By and Return To: CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, CA 92008 P«2=3Q j VEfiAL.LYLE I CGUHTY RECORDER— — .. ' ........ I RF4.QO AR2.00 MG1.00 RELEASE OF AGREEMENT TO PAY PUBLIC FACILITIES FEES PLEASE TAKE NOTICE that the Agreement For Payment Of Public Facilities Fees between the City of Carlsbad and Levatino, Joesph & Noreen & Russell W. Grosse DeveL>flheflf(84-63) s required by an Application for GPA/LU-84-9/ZC-311 , as Document No. 84-217354 and recorded on is hereby released for the following reason: |~| Fees Paid and Obligation Satisfied Application Withdrawn Other DATED:in/yaa CITY OF CARLS. By MARTiirSRENYAK ^ Community Development Director ATTEST: . *„. „ ALETHA L. RAUTENKRANZ City Clerk APPROVED AS TO FORM: VINCENT F. BIONDO City Attorney BvJ A3 T0 FORM: . BIONDO, JR., CITY ATTORNEY RONALD &. 'BAL 1399 STATE OF CALIFORNIA ) ) SS . COUNTY OF SAN DIEGO ) On October 25, 1988 , before me the undersigned, a Notary Public in and for said State, personnally appeared Aletha L. Rautenkranz , known to me to be the Citv Clerk . r— of the City ot 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 ot Carlsbad, California, executed the same. WITNESS my hand the the official seal. ************** *t.*m+mmm * /&£&*. OFFICIAL SEAL J * &^K& KAREN R- KUNDTZ J * ^JSm) NOTARY PUBLIC-CALIFORNIA J I ^^^ ^N DIEGO COUNTY ** ^*as*^ My Comm. Exp. Sept. 27, 1989 f ******************,**»*******; 1 • RECORDING REQUESTED BY AND WHEN RECrORDED MAIL TO: CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, California 92008 8O17354 D INOFFICIAL RECORDSIOFSANOIEGOCOUNIY.CA. W 1 1 AM 9= VEPA L-LVLt COUNT Y RECORDER Space above this line for Recorder's use Documentary transfer tax: $ No fee Signature of declarant determining tax-firm name City of Carlsbad Parcel No. AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 12 day of April , 1984 by and between Russell W. Grosse Development Co., Inc. a California Corporation (Corporation, partnership, etc.) "Developer" whose address is 5850 Avenida Encinas (Name of Developer) , hereinafter referred to as Carlsbad, CA 92008 (Street) (City, State, Zip Code) and Joseph V. & Noreen L. Levatino husband & wife (Name of Legal Owner) , hereinafter refer (Corporation,etc.) "Owner" whose address is 22121 Malibu Lane (Street) Huntington Beach, CA 92646 (City,State,Zip Code) 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. .,,i. 77 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; 540 Unit Apartment Complex + 27,000 S.F.retail/conmercial on said Property, which development carries the proposed name of Dove Apartments • and is hereinafter referred to as "Development"; and WHEREAS, Developer filed on the 13 day of April 19 84 t with the City a request for General Plan amendment and change of Zone. 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- REV 4-2-82 78 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 2Z 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 2Z 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 m - ------ 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 79 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 m - ~ ~ 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- — 80 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 • sealed envelope, addressed to the City for attention of the City Manager, postage prepaid and certified. . '-.f - - 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 : ..' V \J •81 ' 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. Ill III -6- 4-2-82 1$ WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. OWNER: Jo * (Signature) (Name) (Signature) ATTEST: ALETHA L. RAUTENKRANZ ,City Clerk APPROVED AS TO FORM: , VINCENT F. BIONDO, JR., City Attorney DEVELOPER: BY TITLE BY TITLE CITY OF CARLSBAD, a municipal corporation of the State of California BY City Manager APPROVED AS/TO f WCENT f. R/O|M[ Daniel tschke, Assistant (Notarial acknowledgement of execution by DEVELOPER and OWNER must be ,, attached. ) -7- REV 4-2-82 CORPORATION ACKNOWLEDGMENT state of California 83 I u j 1 County of San Diego On this 18 day of May SS. the officer), personnally appeared Ma Tic the oath ofSatJS f actpry evidence , in the year 1984 before me (here insert name and quality of t _ , known to me (or proved to me on l"tjO*Tflt"Tfn 'TllC .,-..—.•., to be the person who executed the :half of the corporation therein named) andwithin instrument on benait oi tne corporation tnerein named) acknowledged to me that such corporation executed the same. WITNESS my hand and official seal. Signature Mr^^l^Sr^w^--^^^^*^^^ OFFICIAL SEAL JO ANN HORTON NOTARY PUBLIC - CALIFORNIA SAN DIEGO COUNTYMy comm. expires MAR 4, 1988 Name (Typed or Printed) (This area for official notarial seal) Ftjrm C-9 *FC-302 (R. 5-83) • (Individual Acknowledgement) STATE OF CALIFORNIA COUNTY OF .Qraagfi On April 12, 198& SS. before me, the undersigned, a Notary Public in and for said State, personally appeared Joseph V. Levatiuo and Noreen L» Lovatino personally known to me or proved to me on the basis of satisfactory evidence to be the person_s_ whose name 3 are subscribed to the within instrument and acknowledged that ^",e7 executed the same. WITNESS my hand and official seal. Signature ls& OFFICIAL SEAL Christine Margaret Davidson NOTARY PUBLIC — CALIFORNIA ' PRINCIPAL OFFICE IN ORANGE COUNTY My Commission Expires July 26, 1985 (This area for official notarial seal) w .v^i/v 84 II A IIEXHIBIT "A LEttAL DESCRIPTION ALL THAT PORTION OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 12 SOUTH* RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN OIE60, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CCRNER CF THE NORTHEAST QUARTER OF SAIC SECTION; THENCE ALONG THE NORTH LINE OF SAID.SECTION, SCUTH 89«17«41« EAST-, 53.82 FEET TO A POINT IN THE ARC CF A 7045.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, A RADIAL LINE* TO SAID POINT BEARS SOUTH 57»37»43" WEST, SAID POINT BEING IN THE SOUTHWESTERLY LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN DEED TO THE COUNTY-OF SAN DIEGO RECCRDED JULY 10, 1970, AS DOCUMENT NO. 121134, OFFICIAL RECORDS OF SAID COUNTY, SAID SOUTHWESTERLY LINE BEING DRAWN CONCENTRIC WITH AND DISTANT 45.00 FEET SOUTHWESTERLY MEASURED RADIALLY FRCM THE CENTER LINE OF EL CAMINQ REAL AS SHOWN CN SAN DIEGO COUNTY ROAO SURVEY **0. 1800-1 ON FILE IN THE CFF1CE OF THE COUNTY ENGINEER OF SAID COUNTY; THENCE SOUTHEASTERLY ALONG SAID 7045.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 0*38*51" A DISTANCE OF 7«3.62 FEET; THENCE TANGENT TO SAIO CURVE SOUTH 33801'08" EAST, 1045.87 JFEET -DEED EQUALS SOUTH 33°00«4111 EAST, 1045.31 FEET- TO THE BEGINNING OF A TANGENT 1755.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY.; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 13«13«17" A DISTANCE OF 558.13 FEET TG A POINT IN THE ARC OF SAIC CURVE TO WHICH A RADIAL LINE BEARS NORTH 75*12* 09" EAST; THENCE LEAVING THE SOUTHWESTERLY LINE OF SAID ROAD SURVEY NORTH 8<5«15»32" WEST, 890.55 FEET TO AN INTERSECTION WITH THE WEST LINE OF THE hEST HALF OF THE NORTHEAST QUARTER OF SAIO SECTION 26; THENCE ALONG SAIO WEST LINE NORTH 0«C3«33" WEST, < 1441.19 FEET TO THE POINT OF BEGINNING.