HomeMy WebLinkAboutPC 87-78; DAVIS-PALOMAR I ASSOCIATES; 88-456881; Public Facilities Fee Agreement/ReleaseRecording Requested By
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"CITY OF CAFWSBAD
1200 Elm Avenue
Carlsbad, CA 92008
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RELEASE OF AGREEMENT
TO PAY FEES FOR FACILITIES AND IMPRCJV&yfjfif {
88 45888
I"""""" RECORDED IN"LjY^CfJLJTcCpfU
88 SEP 12 AH 9'26
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AS REQUIRED BY GROWTH MANAGEMENT SYSTEM
PLEASE TAKE NOTICE that the Agreement for Payment of Fees for
Facilities and Improvements as Required by Growth Management System
between the City of Carlsbad and Dairis-Palomar I Associates (87-90)
required by an Application for PC-87-78
05/15/87
and recorded on
, as Document No. 87-270164 js hereby
released for the following reason:
Fees Paid and Obligation Satisfied
Application Withdrawn
Other
DATED: 8/17/88
:iTY OF CARLSBAD
By:
MAR"TI N ORENYAKrxT
Community Development Director
A i TES"
A LET HA L. RAUTENKRANZ
City Clerk
APPROVED AS TO FORM:
vj-aTonyEiPWS TO FORM:VINCENT F. 8
City Attorney vi
n
LT F. BIONDO,ATTQBN^Y
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t
R. BALL
* 1038
STATE OF CALIFORNIA )
) ss .
COUNTY OF SAN DIEGO )
On September 1, 1988 , before me the undersigned, a
Notary Public in and for said State, personnally appeared Aletha L.
known to me to be theRautenkranz 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 the official seal.
*************** **»* * ******«,***
* /^^ OFFICIAL SEAL J
* &">Hlm KAREN R- KUNDTZ I
* mJsBTy NOTARY PUSUC-CALIFOftNIA £
* N^Saif/ SAN D'EGO COUNTY *'NfcSBW *Notary
1497
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, California 92008
270164
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HAY 15 PH 2= 37
VEPA i IV;COLIN i Y Hi t:ORDLR
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Space above this line for Recorder's use
Documentary transfer tax r $15.00
Signature of declarant determining
tax-firm name
City of Carlsbad
Parcel No.213-050-36
AGREEMENT
AGREEMENT TO PAY FEES FOR FACILITIES AND
IMPROVEMENTS AS REQUIRED BY GROWTH MANAGEMENT SYSTEM
This Agreement is made and entered into this day
of 198J&, by and between the City of Carlsbad,
California, a Municipal Corporation of the State of California,
hereinafter referred to as "City" and Davis-Palomar I Associates
a California Partnership hereinafter referred to as "Developer1
RECITALS
A. Developer has reauested that the City issue building
or other development permits pursuant to the provisions of the
Carlsbad Municipal Code for a development located at
2180 Las Palmas in the City of Carlsbad, and
referred to as same
B. On Developer entered into an
agreement with the City to pay Public Facilities fees of 2.5
percent of the building permit valuation. A copy of the
agreement is on file with the City Clerk and is incorporated by
this reference.
17,262 S.F. New Bldg. and all T.I. (future)87-78
a98
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 recognizes that Section 21.90.050
establishes a local facilities management 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 building or other development permits by the
City; Developer and City agree as follows:
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C 0 1499
1. That the foregoing 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 providing
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, bridge and
thoroughfare 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 agreement applies to fees adopted on or
before July 20, 1988 or concurrently with the adoption of the
appropriate local facilities management plan, whichever occurs
first. Developer hereby waives his right to challenge said fees.
Developer further waives any rights 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 agrees to construct, or participate in
financing the construction of, public facilities and improvements
identified in the citywide facilities and improvements plan or
the local facilities management 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 agrees to prepare or participate in the
preparation, as determined by the City Council, of the local
facilities management plan for the zone in which development is
located.
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/•««>w r 1500
5. City agrees to issue building 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
agreement is not made when due the City may pursue any remedy,
legal or equitable (including those specifically referred to
herein), against the Developer and the Developer's successors,
heirs, assigns and transferees. Without waiving its rights 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 agreed that if Developer does not pay the fees
specified by this agreement the City may revoke the building
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 damage
happening or occuring to Developer or any successor or assign of
Developer or to any occupant in Developer's building for the
exercise of any of the remedies provided to the City purusant to
this agreement, regardless of the nature of the loss or damage.
9. This agreement and the covenants contained herein
shall be binding upon and enure to the benefit of the successors,
heirs, assigns and transferees of Developer and shall run with
the real property and create an eouitable servitude upon the real
property.
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10. The prevailing party in any dispute between the
parties shall have the right to recover from the nonprevailing
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 agreement shall be in writing
and shall be delivered in person or served by certified mail
postage prepaid. Delivery of notices to Developer shall be
presumed to have been made on the date of mailing regardless of
receipt by Developer. Notices required to be given to Developer
shall be addressed as follows:
P. 0. Box 1686
Rancho Santa Fe, CA 92067
Notices required to be given .to the City shall be addressed as
follows :
City of Carlsbad
1200 Elm Avenue
Carlsbad, CA 92008
Attn: Community Development Director
11. This agreement shall be recorded and Developer
shall pay all costs of recording.
IN WITNESS WHEREOF, we have hereunto set our hands and
seals this ,22 daV of /hffljL. _ , 198
By:
By: .
-5-
DEVELOPER
DAVIS - PALOMAR I ASSOCIATES
CITY OF CARLSBAD
A Municipal Corporation of
the State of California
by:
MARTIN ORENYAKT^Comrounity
Development Director
APPROVED AS TO
VINC
AS TO FORM:
F. BIONDO, JR., CITY ATTORNEY
n R BALL
VINCENT F. BIONDO, JR., City Attorney
ATTEST:
ALE£HA L.
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(SEAL)
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Partnership Acknowledgment
STATE OF CALIFORNIA
COUNTY OF San Diego
on April 23
ss.1502
., 19 87, before me, the undersigned, a Notary Public in and
for said County and State, personally appeared
Everett Davis, III
known to me to be one of the partners of the partnership that executed the within instrument, and
acknowledged to me that such partnership executed the same.
WITNESS my hand and official seal.
Notary Public in and for said County and State.
OFRCIAL SEAL
ROBERTA M. PERRY
NOTARY PUBLIC -CALIFORNIA
PRINCIPAL OFFICE IN
SAN DIECiD COUNTY
M, Common _E«_Sept 301989
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