HomeMy WebLinkAboutPC 87-422; Mitsui Fudosan USA Inc; 88-398140; Public Facilities Fee Agreement/Release3nd Return To:
- CITY OF CAR"'"*^^SAD
.1 200 Eim Avenue
Carlsbad, CA -92003
0 2359
88 398 HO
• .1 prp^y9p^^M.!M.^
^^wBIZ WIS: 31
AS REQUIRED .BY CROWTH_^lA^jA^2rA^c^.,,^--.^,
PLE.ASE TAKE NOTICE that the Agres.Tient for P-V,T,O . - ^
il =-.nt:.i[ ror Payment or Fees fcr
Facilities and ln.prove...e.nts as Required by Growth Manage.^e.t Syste..
between the City of Carlsbad and __Mi3ui_PudosanJus^^
required by an Application for PC-87-422
09/08/87
• • _ and recorded on
, as Document No. 87-507757 • ,
______________ IS nereoy
released por the following reason: '
Fees Paid and Obligation Satisfied
( ( Application Withdrawn
^ ^^^^'^-^ Tenant Improvement - Feesjnni^_^^
DATED : July 28, 1988
c y :
:vl Af\ r i N 0 R ^N"
rr.unity De\'e!ccm
L - \ nA L. • R A. u i c N K R A iN Z \
Clzy Cie:
APPROVED AS TO FOR.M
V.'MCENT R. EiGNOG, J
• C'-' A, ::c rr.e V
A jV*r • /^o i 'j FORM:
VI^^^T F. BIONDO, JR., CILY AUQ&l^ CID Ai ropiEy
/5 {^oLae,
RONALD R. BALL
0 2360
STATE OF CALIFORNIA )
) s s .
COUNTY OF SAN DIEGO )
^ On August 4, 1988 , before me the undersigned, a
Notary Public in and for said State, personally 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 of
Carlsbad, California, executed the same.
WITNESS my hand the official seal.
****************ift************
* y^JSiv OFFIClAi SEAL J
* ^^^^ ^- KONDTZ i
* NOTARY PUBLIC-CALIFOftNIA J
J COUNTY *
« My Comm. Exp. Sept. 27. 1989 J
***************4t**]m*:t,i^;$itiitt*4i^;^
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, California 92008
710 8 7 5 0 7757
RrCORDED {
W SEP -8 AH 11- h2
VERA L. LYl r, CCUHl Y BfCUln: -AR
MG /
. DQetgnentaay trans Lyr^taxr $20.00
Signature of declarant determining
tax-firm name
City of Carlsbad
Parcel No. ck'/^ " ^
AGREEMENT
AGREEMENT TO PAY FEES FOR FACILITIES AND
IMPROVEMENTS AS REQUIRED BY GROWTH MANAGEMENT SYSTEM
This Agreement is made and entered into this ^'o day
of AOGiO^T 1987, by and between the City of Carlsbad,
California, a Municipal Corporation of the State of California,
hereinafter referred to as "City" and M'-fsu/ -(/l>/^^/f
a r,wp)/2^'//o^ ^hereinafter referred to as "Developer".
RECITALS
A. Developer has requested that the City issue building
or other development permits pursuant to the provisions of the
Carlsbad Municipal Code for a development located at
tQl5 ^0(irf? hlo^^L^ in the City of Carlsbad, and
referred to as aQr\^r^ Ty^x •
B. On "^/tp-^ Developer entered into an
agreement with the City to pay Public Facilities fees of 3.5
percent of the building permit valuation. A copy of the
agreement is on file with the City Clerk and is incorporated by
this reference.
711
C. This agreement is entered into pursuant to Section
21.90.030(c) and 21.90.040(b) of the Carlsbad Municipal Code.
Developer acknowledges that the agreement to pay the additional
or increased fees and to otherwise participate in the
construction or financing of construction of public facilities
and improvements as specified in this agreement is voluntary but
that without this agreement developer would be precluded from
obtaining building and other development permits by operation of
Section 21.90.030 of the Carlsbad Municipal Code. Developer has
chosen to obtain building permits under the provision of Section
21.90.030(c) of the Carlsbad Municipal Code and in consideration
of the issuance of building or other development permits.
Developer hereby enters into this agreement and waives any rights
to challenge such fees.
D. Developer recoqnizes that Section 21.90.050
establishes a local facilities manaqement fee which shall be used
to pay the cost of providing facilities and improvements which
are identified in the citywide facilities and improvements plan
and in the applicable local facilities management plan, but are
not paid from other sources. Developer further recognizes that
certain other fees, such as traffic impact fees, have been or may
be adopted for the area of the City in which the developer's
project is located. Developer agrees to pay those fees.
NOW, THEREFORE, in consideration of these Recitals and
the issuance of buildinq or other development permits by the
City; Developer and City aqree as follows:
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712
1. That the foreqoinq recitals are true and correct.
2. That Developer agrees to pay the fees identified by
the City Council as necessary to pay for the cost of providinq
the improvements or facilities which are listed in Sections
21.90.090 and 21.90.110 of the Carlsbad Municipal Code and which
are adopted pursuant to Section 21.90.050, or any other provision
of Chapter 21.90 of the Carlsbad Municipal Code, or any other
provision of law. These fees include but are not limited to
public facilities fees, traffic impact fees, bridqe and
thorouqhfare fees, park fees, and the fee imposed under Section
21.90.050. Payment shall be due 30 days from the date each fee
is established. This aqreement applies to fees adopted on or
before July 20, 1988 or concurrently with the adoption of the
appropriate local facilities manaqement plan, whichever occurs
first. Developer hereby waives his riqht to challenqe said fees.
Developer further waives any riqhts to pay the fees referred to
herein under protest and that any protest shall immediately
subject the project to the provisions of Section 21.90.030(a) of
the Carlsbad Municipal Code.
3. Developer aqrees to construct, or participate in
financinq the construction of, public facilities and improvements
identified in the citywide facilities and improvements plan or
the local facilities manaqement plan to the extent that those
facilities or improvements are allocated to developer's property
or project and are not financed by the fees referenced hereto.
4. Developer aqrees to prepare or participate in the
preparation, as determined by the City Council, of the local
facilities manaqement plan for the zone in which development is
located.
-3-
" 713
5. City aqrees to issue buildinq and other development
permits pursuant to the provisions of the Carlsbad Municipal Code
Titles 18, 20 and 21 to the extent such permits comply with
applicable provisions of law.
6. In the event that the payment required by this
aqreement is not made when due the City may pursue any remedy,
leqal or equitable (includinq those specifically referred to
herein), aqainst the Developer and the Developer's successors,
heirs, assiqns and transferees. Without waivinq its riqhts under
this section. City, upon request of Developer, may allow
additional time to pay the fee.
7. In addition to the other remedies available to the
City, it is hereby aqreed that if Developer does not pay the fees
specified by this aqreement the City may revoke the buildinq
permit for the project or may deny or revoke a Certificate of
Occupancy for the project or both upon 15 days written notice to
Developer of the revocation or denial.
8. The City shall not, nor shall any officer, employee
of the City, be liable or responsible for any loss or damaqe
happeninq or occurinq to Developer or any successor or assiqn of
Developer or to any occupant in Developer's buildinq for the
exercise of any of the remedies provided to the City purusant to
this aqreement, reqardless of the nature of the loss or damaqe.
9. This aqreement and the covenants contained herein
shall be bindinq upon and enure to the benefit of the successors,
heirs, assiqns and transferees of Developer and shall run with
the real property and create an equitable servitude upon the real
property.
-4-
f
. 714
10. The prevailinq party in any dispute between the
parties shall have the riqht to recover from the nonprevailinq
party all costs and attorney's fees expended in the course of
such dispute.
11. Except as otherwise provided herein, all notices
required or provided for under this aqreement shall be in writinq
and shall be delivered in person or served by certified mail
postaqe prepaid. Delivery of notices to Developer shall be
presumed to have been made on the date of mailinq reqardless of
receipt by Developer. Notices required to be qiven to Developer
shall be addressed as follows:
Notices required to be qiven to the City shall be addressed as
follows:
City of Carlsbad
1200 Elm Avenue
Carlsbad, CA 92008
Attn: Community Development Director
11. This aqreement shall be recorded and Developer
shall pay all costs of recordinq.
IN WITNESS WHE^OF, we have hereunto set our hands and
seals this^^ day of fy^Uru.^ t 1987.
715
by:
CITY OF CARLSBAD
A Municipal Corporation of
the State of California
MARTIN ORENYAIQspommunity
Development Director
APPROVED AS TO FORM:
INCENT F. BIONDO, JR., City Attorney
ATTEST
ETHA L. RAUTENK AL
(SEAL)
RANZ, City Clerk
STATE OF CALIFORtjlA,
COUNTY OF.
OFFICIAL SEAL
DORRIS A. SAUDER
NOTARY PUBLIC • CAUFORNIA
SAN DIEGO COUNTY
^^^^ My Comm. Expires May 14, 1990
ACKN0WLE06MENT—Corporation—Wolcotts Form 222—Rev.
19. 17
before me, the(j)ndersigned, a Notary Public in and for said State, personally appeared
known to me to be the
of thfi >Y\\.V«0^ -^i^c^oOSe-n^/USf^l (l^Wl^
the Corporation that executed the within Instrument, known to me to be the person who
executed the within Instrument, on behalf of the Corporation, therein named, and acknowledged
to me that such Corporation executed the same.
WITNESS my hand and officiaHeal
Notary Public in and for said State.
•6-