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HomeMy WebLinkAboutMS 585; DAON CORP; 89-163044; Public Facilities Fee Agreement/Release'••»0486 Recording Requested By and Return To: CITY OF C/WSGAU 1200 Elm Avenue rlsbad, CA 9200S RELEASE OF AGRE&ic TO PAY PUBLIC FACIUTIES FEES AR 2.00 MGLOO PLEASE TAKE NOTICE that the Agreement' For Payment Of Public Facilities Fees between the City of'Carlsbad and paon Corp. (82-46) required by an Application for MS-585 , as Document No. 82-169159 and recorded on . is hereby released for the following reason: | | Fees Paid and Obligation Satisfied | | Application Withdrawn lxxx( Other Application changed to Certificate of Compliance CITY OF CA/£SE.AD MARTIN Community Development Director f ATTEST: ALETHA L. RAUTENKRANZ City Clerk APPROVED AS TO FORM: VINCENT F. BIONDO, City Attorney AS TO FORM: > F. BiONDO, JR., Cl'f 'AID R. BALL STATE OF CALIFORNIA ) <X 0 4 8 7 ) ss . 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, >nown 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 the official seal. OF I 'UAL SEAL KAREN R. KUMDTZ SAN DIEGO COUNTY * My Comm. Exp. Sept. 27, 1989 | 1 . RECORD JNG REQUESTED BY -., wD "WHEN RECORDED MAIL TO: CITY OF CARLSBAD - . 1200 Elm Avenue Carlsbad, California 92008 82-169159 I RECORDED INOFFICIAL RECORDS IOFSAN[:!rGOCCUHTY.CA. 1382 JOH-3" AMIhSfc j Vr.RA !..! VI."" j jorCOItiy fcttfriff^atC^ uji—— i 1 1Space above thi^)line rlorUUBSfc'biftcteWe* u|se Documentary tfansfer/tax: $ No fee Signature of declarant determining tax-firm name City of Carlsbad . • ' 223-050-60, 223-050-61, 223-060-13, Parcel No. 223-060-17 & 223-060-23 AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT \is entered into this 19th dav of April _ , 1 9 82 by and between _ Daon Corporatictt _ __ _ (name of developer -owner) a • Corporation , hereinafter referred to as_ (Corporat ion, partnership , etc.) "Developer" whose address is 3200 Park Center Dr. Suite 1400 (street) . Costa Mesa, CA 92626 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 Avenu 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: Commercial Development REV 4-2-82 1795 on said Property, which evelopment carries the pit/posed name of and is hereafter referred to as "Development"; and WHEREAS, Developer filed on the JQ d ay of Ap-H -| 19 82 t with the City a request for Tentative Parcel Map Approval 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 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, atid 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 1796 NOW, THEREFORE, , consideration of the recitals and the covenants contained herein, the parties agree as follows: 1. The Developer shall pay to the City a publi.c 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 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 b.e 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 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 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 crther 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 4-2-82 179" 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 det erminat i'on,. 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 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 the Development herein described. -4- . 1798 ' . 6, All obligation 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 del'iye-ry 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. 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, all obligations of Developer hereunder shall terminate; provided, however, that any successor of Developer's interest in the property shall have fitst assumed in writ.ing the Developer's obligations hereunder. 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 - 1799 IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: DAON CORPORATION (name BYy Michael KTRyan / Vice President - Land Development (Title) BYX W. A. Coltoirf I f|. Senior Vice Pres idp.nt-l anH (Title) CITY OF CARLSBAD, a municipal corporation of the State of California BY City Manager ATTEST: ALETHA L. RAUTENKRANZ, City- Clerik •APPROVED AS TO FORMAPF Vli\< VINCENT F. BIONDO, JR., iRjjty Attorne a o T §• n , E6 STATE OF CALIFORNIA COUNTY OP Orange r»n April > 20, 1982 « said State, personally .pp^ar.d Ml Ch 3.61 K. Ryan -, before me, the undersigned, a Notary Public in and for 1US t known to me to t><! the"Sr. yknown to me to be the sP»e»den*-, and_^ W.A. Colton, III the corporation that executed the within instrument, and known to me to be the persons who executed the within instrument on behalf of the corporation therein named, and ac- knowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board ofa o directors.u £ Sign WITNESS my hand and official seal. tutt ' OFFICIAL SEAL MARCIA A BROWN NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY My eomra. expires OCT 1, 19851 arcia A. 13rown Name (Typed or Printed)(This area for official notarial seal) EXHIBIT "A"180? LEGAL DESCRIPTION - A parcel of land being portions of Lots 4 and 5 of Rancho Las Encinitas per Map No. 848 on file in the Office of the County Recorder of San Diego County, and being portions of Section 6, Township 13 South, Range 3 West, San Bernardino Meridian, and Section 31, Township 12 South, Range 3 West, San Bernardino Meridian, all in the City of Carlsbad, County of San Diego, State of California, according to the official plats thereof. Beginning at the most Southerly corner of Carlsbad Tract No. 72-20 as shown on Map No. 7950 on file in the Office of the County Recorder of San Diego County, said corner being a point on the arc of a non-tangent 1230.00 foot radius curve concave Southeasterly, a radial to said point bears North 51°54'08" West, thence continuing along the Southeasterly boundary line of said Carlsbad Tract No. 72-20 the following courses: Northerly along the arc of said curve through a central angle of 14°34'46" a distance of 312.99 feet, North 38e5pf03" East 31.80 feet to the beginning of a tangent 1480.00 foot radius curve concave South- easterly; thence, Northerly along the arc of said curve through a central angle of 7°19'57" a distance of 189.40 feet,thence North 46°10I00" East 1057.78 feet; thence, leaving said Southeasterly boundary line South 43°50100" East 1685.42feet; thence, South 53°39'32" East 42.00 feet to a point on the arc of a non-tangent curve concave Northwesterly a radial line to said point bears South 53°39'32" East; thence, Southwesterly along the arc of said curve through a central angle of 18*39'32" a distance of 325.66 feet; thence, South 55°00'00" West 134.00 feet to a point on the centerline of La Costa Avenue as shown on Carlsbad Tract No. 75-9 (B), Map No. 9959 filed in the Office of the County Recorder of San Diego County; thence, continuing along said centerline the following courses: South 55°00'00" West 267.00 feet to the beginning of a tangent 1000.00 foot radius curve concave Northerly; thence, Westerly through a central angle of 73°50'03" a distance of 1288.65 feet; thence, along the prolongation of said centerline North 51e09'.57N West 783.75 feet to a point on the Northerly right of way of Rancho Santa Fe Road according to Road Survey 454-A as shown on said Carlsbad Tract No. 72-20; thence, Northeasterly along said Northerly right of way the following courses: North 36°49'24" East 34.67 feet to the beginning of a tangent 1230.00 foot radius curve concave Southeasterly, thence, Northerly along the arc of said curve through a central angle of 1°16'28" a distance of 27.36 feet to the point of beginning. Excepting therefrom all that portion of Road Survey No. 454-66 granted to the County of San Diego per Document No. 21427 recorded February 16, 1967 o.R.