HomeMy WebLinkAboutSP 200; T & G INVESTMENTS INC; 89-070160; Public Facilities Fee Agreement/Release1423
Recording Requested By
and Return To:
- CITY OF CARLSBAD
- 1200 Elm Avenue
Carlsbad, CA 92008
PH
1 VERA L. LYLE •-
COUNTY
RELEASE OF AGREEMENT
TO PAY PUBLIC FACILITIES FEES
.BPEOD
AR 2.00
MGl.OO
PLEASE TAKE NOTICE that the Agreement For.. Payment Of Public Facilities
Fees between the City of Carlsbad and T & G Investments, Inc. (86-62)
required by an Application for SP-200
//-/O- 86 , as Document No. 86-527307
and recorded on
is hereby
released for the following reason:
[ | Fees Paid and Obligation Satisfied
| | Application Withdrawn
Other New agreements signed for individual lots
DATED:12/13/88
CITY OF CARLS1AD
By _
- . MARTIN ORENYAK ^
•\*\\'* Community Development Director
ATTEST:
ALETHA L. RAUTENKRANZ
City Clerk
APPROVED AS TO •FORM:
71,'.'CENT F. BIONDO. JR.
Ci tv Attornev
F. BSONDO, JR., CTT> *f
RONALD R. BALL
STATE'OF CALIFORNIA )
) ss
COUNTY OF SAN DIEGO )
*****************************j
* ^tTS^v OFFICIAL SEAL *
* /Q*k KAREN R. KUNDTZ |
* K!*^BB} NOTARY PUBLIC-CALIFORNIA %
* v££9/ SAN DIEGO COUNTY J* ^^SS^ My comm. Exp Sept. 27, 1989 J
******************************
1424
On , before me the undersigned, a
Notary Public in and for said State, personally appeared Aletha L.
January 11, 1989
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.
Nibtary
0 99 A6 527307
' RECORDING REQUESTED BfAND )
WHEN RECORDED MAIL TO: )
)
CITY OF CARLSBAD )
1200 Elm Avenue 1988 MO'/ 17 PH 3-' 2S
Carlsbad, California 92008 )
' VERA I... LYi E
•TV RECDHOhKSpace above this line for Rectortfer's 'use
Documentary transfer taxj;- $£trflO —MG
Signature of declarant determining
tax-firm name
City of Carlsbad
Parcel No .
" AGREEMENT BETWEEN D£VELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this 8th day of September , 1986
.by and between T & G INVESTMENTS, INC.
(name of developer-owner)
a California Corporation , hereinafter referred to as
(Corporation, partnership, etc.)
"Developer" whose address is 3575 Kenyon Street,
(street)
San Diego, CA. 92110 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 Avenue, Carlsbad, Cal
92008.
WITNESSETH:
WHEREAS, Developer is the owner of the real property described
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:
REV 4-22-86
on said Property, which development carries the proposed name of _
CARLSBAD AIRPORT BUSINESS CENTER, CT 74-21
and is hereafter referred to as "Development"; and
WHEREAS, Developer filed on the 23rd day of October
19 85 , with the City a request for A specific Plan
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:
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REV 4-22-86
101
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
•«6cooperative. 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
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 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
.ie
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.
6. All obligations hereunder shall terminate in the event the Requests
made by Developer are not approved.
-4-
REV 4-22-86
0 103
7. Any notice from one party to tne 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.
it
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
nereunder 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
0 104
IN WITNESS WHEREOF, this agreement is executed In San Diego County,
California as of the date first written above.
DEVELOPER-OWNER:
T & G INVESTMENTS, INC
BY
CITY OF CARLSBAD, a municipal
corporation of the
State of California
BY •
Paul K. Tchang£
President(Title)
MARTIN ORENYAK
For F. D. Aleshire,
City Manager
(Title)
ATTEST:
APPROVED AS TO FORM:
APPROVED AS TO FORM:
yiNT f- BIONDO, JR., CITY ATTORNEY
VINCENT F. BIONDO, JR.,
City Attorney
RONALD R. BALL
CAT. NO. NN00737
TO 1945 CA (8-84)
(Corporation)
(N
RE
f,105 TICOR TITLE INSURANCE
t
z
STATE OF CALIFORNIA
COUNTY OF San Diego
On
ss.
September 8. 1986 before me, the undersigned, a Notary Public in and for
Pfml Ksaid State, personally appeared
personally known to me or proved to me on the basis
of satisfactory evidence to be the person who executed
the within instrument as the
• President, and
personally known to me or
• proved to me on the basis of satisfactory evidence to be
. the person who executed the within instrument as the
Secretary of the Corporation
that executed the within instrument and acknowledged
to me that such corporation executed the within instru-
ment pursuant to its by-laws or a resolution of its
board of directors.
WITNESS my_ hand and official seal.
Signature (1
ELIZABETH J. BOULERICE
NOTARY PUBLIC - CALIFORNIA
PRINCIPAL OFFICE IN <
SAN OIEGO COUNTY %
My Commission Expires January 13, 1987 S
• •^WVftJVVUW^VWUVSrtrti
(This area for official notarial seal)
106
EXHIBIT "A"
LEGAL DESCRIPTION
LOTS 23 through 38 incl. of
CARLABAD AIRPORT BUSINESS CENTER, CT 74-21