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Home My WebLink AboutPCD 88; TUNG, KER-KONG; 1992-0343132; Public Facilities Fee Agreement/ReleaseRecording Requested By and Return To: CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, CA 92008 387 BC S 1992-0343132 03-JUN-1992 08=18 All OFFICIAL RECORDS m DIEGO COUNTY RECORDER'S OFFICE " ANNETTE EUANS, COUHTY RECORDER RELEASE OF AGREEMENT^ !•'?? FEK; 8"?i TO PAY PUBLIC FACILITIES F$ES J'jfj. PLEASE TAKE NOTICE that the Agreement for Payment Of Public Facilities Fees between the City of Carlsbad and TUNG. KER-KDNC. required by an Application for PCD-88 ll/IS/Sfi ., as Document No. 86-530219 and recorded on is hereby released for the following reason: D Fees Paid and Obligation Satisfied D Application Withdrawn 0C Other Suoerseeded bv CT 90-28 Record # 90-U55893 DATED:05/14/92 ATTEST: CITY OF CARLSBAD Community Development Director «^fc <&=**• ITOTTKRANZ City Clerk APPROVED AS TO FORM: VINCENT F. BIONDO, JR. City Attorney By BY;KAREN J. HIRATA DEPUTY CITY ATTORNEY REVISED 9/90 FRM00021 STATE OF CALIFORNIA COUNTY OF SAN DIEGO SS:385 On MAY 14, 1992 before me, the undersigned, a Notary Public in and for said State, personally appeared KAREN R. KUNDTZ ONLY , known to me to be of THE CITY OF CARLSBADASSISTANT CITY CLERKthe and known to me to be the person who executed the within instrument on behalf of said public corporation, agency or political subdivision, and acknowledged to me that such public corporation, agency, or political subdivision executed the same. WITNESS my hand official seal (Signature) RANDEE HARLIB Name (Typed or printed) OFFICIAL SEAL RANDEE HARLIB Notary Putflc-Callfomla SAN OEQO COUNTY My Cormteteh ExpiresFebiuaiy 2Q. 1811 RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: ) CITY OF CARLSBAD ) 1200 Elm Avenue Carlsbad, California 92008 86 530219 CRECORDED IN Ir JI...JAL HE"("'!'?r,\'}f" j . .\K [Ji'TjO ci";('!"'''v' ? * I iBo NOV 18 PM 2 2213 Space above this line for Recorder Documentary transfer tax> Signature of declarant determining tax-firm name City of Carlsbad Parcel No. RF AR •// MG / AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 25#] day of - by and between LT (name of developer-owner) (Corpdration, "partnership, etcTJ "Developer" whose address is , hereinafter referred to as (street) and THE CITY OF (City, stfate, zip code) CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City", whose address is 1200 Elm Avenue, Carlsbad, JUrKfornia, 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: AFfl/lfm?hf fat REV 4-22-86 on said Property, which development carries the proposed name of U\ and is hereafter referred to as "Development"; and ~~7~AWHEREAS, Developer filed on the 4) day of sdt/iusS , with the City a request for v\ \ i\ < 6 n\Ai tU ! c n D a * 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 22, 1986, 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 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. NOW, THEREFORE, in consideration of the recitals and the covenants contained herein, the parties agree as follows: -2- REV 4-22-86 •* o 1. The Developer shall pay to the City a public facilities fee in an amount not to exceed 2.5% 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 of existing building or structures into condominiums in an amount not to exceed 2.5% 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 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 the 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 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 -3- REV 4-22-86 . ' v, W 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 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 ensure to the benefit of, and snail 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 first assumed in writing 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 4-22-86 181& IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: (name) BY TTitle) BY (Title) ATTEST: ' / VINCENT F. WflNDO, JR., V City Attorney CITY OF CARLSBAD, a municipal corporation of the State of California MARTIN For F. D. Aleshire, City Manager UnJfc. H. p»iOT6 (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) -6- REV 4-22-86 1821 EXHIBIT "A" . LEGAL DESCRIPTION tto , j/•*,'% & &.fn/?/*,#fco/is/4r/ f / . /