HomeMy WebLinkAboutPUD 22C; Air Products And Chemicals; 1996-0376063; Public Facilities Fee Agreement/Release.
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ECORDING REQUESTED- BY AND 1 1683
RECORDED MAIL TO: 1
City Clerk
CITY OF CARLSBAD 1 1200 Carlsbad Village Drive 1 Carlsbad, California 92008-l 989 1 -
CT #I 199~-037~0~3 26--JUL-1996 09=29 AM
OFFICIAL RECORDS SM DIEGO COUNTY RECORDER’S OFFICE
28.00
Space above this line for Recorder’s use
Parcel No. 213-092-20
Pub saw
. AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FAClUTlES FEE
FOR INSIDE THE BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 1
THIS AGREEMENT is entered into this 19th day of February ,193
by and between .’ ’ A+. ?adkfz Ad ChQw Al3
(name of developer-owner)
a corporation , hereinafter referred to as “Developer’ whose address
(corporation, partnership, etc.)
is 1969 Palomar Oaks Way, Carlsbad, CA 92009
(street) (city, state, zip code)
and the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter
referred to as ‘C-w, whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008-
1989. ..-.
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
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&aty CC~ndlJuly '2. 1901
Rro+01-104/Kl).(
Fam 17.4
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WHEREAS, Developer proposed a development project as fokws: ulrztrm T. r-
with 1.445 sf. offiLG and 260 sf. circulation expansydn, totalinq 64,047 sf. of
improved area. on said Property, which development carries the proposed name of Schumacher 1684
and is hereafter referred to as ‘Development’; and
WHEREAS, Developer filed on the 19th day of , 19& Fpbruarv
with the City a request for tion-Residential $1 anned Unit Development Amendment .-
hereinafter referred to as
‘Request’; and
WHEREAS, the Public Facilities Element of the City General Plan requires that the City
Council find that ail public facilities necessary to seNe 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
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WHEREAS, Developer and City recognize the correctness of Council Policy No. 17, dated
July 2, 1991, 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 faciiities; 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 panics agree as follows:
*w Ed aY b&I JJy 2 1QOl km0 # 91.lw&lH
Fam 17A
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1. The Developer shall pay to the City a public faciiities fee in an amount not to
exceed 1.82% 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 1.82% 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 sto,ck
cooperative. The terms ‘other constmction permits’, ’ other constnktion 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 constNction 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 $598
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 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.
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- - 1686
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 fee& paid pursuant to this agreement in a public facilities
fund for the financing of public tacilities 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 Request made by
Developer is 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 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 many have been designated, postage prepaid and certified.
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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 Cii, and references to
Developer or City herein shall be deemed to be a 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 to Developets interest in the property shall
have first assumed in wrirting 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, CXy shall record a
release.
1 . . .
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IN WITNESS WHERECF, thii agmement is exeouted in San Dkgo County, Catifomk 01
of the date first. wrf&ten :aboVri
OEVELOPEROWNER: GIN OF CARLSBAD, a municioal
cofpomtlon of the State of California L
ATTEST:
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L2-miL-R@y ALETHA.LT,, RAUTENKRANZ, City Clerk
APPROVED AS TO FORM: RONALD R. BALL, City Attorney
B
(Proper notarial acknowledgemefl of execution of DEVELCPEFWVVNER must be attached.)
(President or vlceLpresident and secretary or assistant secretary must sign far corporations. If
onb one officer signs; the corporation must attach a resofution certltied by the secretary or
assistant secretary under corporate seal empowering that officer to bind the corporation.)
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CAMFORNIA ALL-PURPOC ACKNOWLEDGMENT
/
State of lk-44 _ c. t-+t.fQi-.
6 flbeforeme, UC&
Name andiWe 01 Officer (e.g., “Jane Doe, Notary Put&c”)
,
I Name(s) of Signer(s) a’ personally known to me - OR - Cl proved to me on the basis of satisfactory evidence to be the person@&
whose name(stis/are subscribed to the within instrument
and acknowledged to me that he/&&hey executed the
same in hiss authorized capacity&s), and that by
hi&&their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person@ acted,
executed the instrument.
my hand and-official seal. WITNESS
&&g/g&/(
/ , Signature of Ndary r
OPklONA L
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Docyment
Title or Type of Document: &&&Ad /g&?fi!~,~f
Document Date: 3-/9T % Number of Pages: AL
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer’s Name:
Cl Individual
B-Corporate Officer
Title(s):
q Partner - 0 Limited 0 General
0 Attorney-in-Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signevs Bepresenting:
Top of thumb here
Signer’s Name:
0 Individual
0 Corporate Officer
Title(s):
q Partner - 0 Limited 0 General
0 Attorney-in-Fact
Cl Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing:
Top of thumb here
0 1994 National Notary Association l 6236 Remmet Ave., P.O. Box 7164 - Canoga Park, CA 91309-7164 prod. NO. 5907 Reorder: Call Toll-Free l-600-676-6827
l .
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EXHIBIT ‘A’
LEGAL DESCRlPTlON
The land referred to herein is situated in the State of California,
County of San Diego and is described as follows:
Parcel A of Parcel Map no. 12354, in the city of Carlsbad, County of San
Diego, California, filed and recorded in the San Diego County
Recorder's office, October l,-1982.
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