Loading...
HomeMy WebLinkAboutCT 77-06; CARROLL, THOMAS AND JEAN; 88-282941; Public Facilities Fee Agreement/Release1483 88 28294 RF4.00 AR2.00 MG1.00 f (.rrit-.-^ii-i{;.- ;•; >;-;",•», <<rcojifRecording Requested By and Return To: CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, CA 92008 RELEASE OF AGREEMENT TO PAY PUBLIC FACILITIES FEES EASE TAKE NOTICE that the Agreement For Payment Of Public Facilities Fees between the City of Carlsbad and Carroll, Thomas & Jean (81-81) required by an Application for CT77-6/PUD-10 12/16/81 , as Document No. 81-393632 released for the following reason: | | Fees Paid and Obligation Satisfied | | Application Withdrawn T Other Application Expired and recorded on is hereby DATED: ATTEST: 5-20-88 ALETHA L. RAUTENKRANZ City Clerk APPROVED AS TO FORM: VINCENT F. BIONDO, JR. City Attorney By CITY OF CARLS MARTIN ORENYAK Community Development ' ^VEO AS TO FORM: F, BEONDO, JR., CITY ATTC ctor 1434 STATE OF CALIFORNIA ) \ COUNTY OF SAN DIEGO ) g g On June 7, 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. ****************************** OFFICIAL SEAL KAREN R. KUNDTZ * NOTARY PUBUC-CALtFfftNIA J __„„ SAN OIEGO COUNTY *J Bases' My C|mm [l(f SeK 27 I9W * ****************************** "t.er rC'" prcii'g return to: Ity of Carlsbad ^00 Elm Ave. :.arlsbads CA 92008 •f"' V 1009±VV6 AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 19 B \ , by and between T day of ^, \g>g (/?, 02.^ (name of developer-owner) a (Corporation, partnership, etc.) "Developer", whose address is T v Q » ^S> O-< , hereinafter referred to as (street) 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, California, 92008. W'l TNESSETH: 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: Qur - CT 77- ^\Q 93632 BOOK 198$RECORDED OF - MAR 80 QFROiAl HECORDS SAK Oi£SO GOUN] tLCAVERA L. LYLE RECORDER NOFEE 1003 on said Property, which development carries the proposed name of and is hereafter referred to as "Development" ; and WHEREAS, Developer filed on the g^ day of 19 gM, with the City a request for "T€Ui£T> urr (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 August 29, 1979, 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 . 2. 1004^* 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: 1. The Developer shall pay to the City a public facilities fee in an amount not to exceed 2% of the building permit valuation of the buildings or structures to be constructed in the Development pursuant to the Request. The fee shall be paid pripr to the issuance of building or other construction permits for the develop- ment 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. A credit toward such fee shall be given for land which has been dedicated for park purposes or for any fees paid in lieu thereof pursuant to Chapter 20.44 of the Carlsbad Municipal Code. Developer shall pay a fee for conversion of existing buildings or structures into condominiums in an amount not to exceed 2% 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 3. 100er the development is intended. Developer shall pay to 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. A credit toward such fee shall be given » * for land which has been dedicated for park purposes or for any fees paid in lieu thereof pursuant to Chapter 20.44 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 agree- ment. 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 4. loos 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 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. 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 by 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 5. 1007 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 inure to the benefit of, and shall 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 the'ir 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 on the Property. When the obligations * of this agreement have been satisfied, City shall record a release. •...,-- - - 1008 - IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER:CITY OF CARLSBAD, a municipal corporation of the State of California (Title) By /4>**<t~^ (Titit*) By City Manager ATTEST: AALETHA L.. "RAUTENKRANZ, City Cle APPROVED AS TO FORM: VINCENT F. BIONDO, JR..,. City Attorney TO 1944 CA (8-74) , (Individual) STATE OF CALIFORNIA COUNTY OF SAN DIEGO (NO be , > ss. 1009 TITLE INSURANCEANDTRUST AT1COR COMPANY .before me, the undersigned, a Notary Public in and for said. on DecemhenJUl. 19R3 t state, personally append THOMAS M. CARROLL and .1FAN C. CARROL uX uJ , known to me to be the person_JS__whose name S aT6 subscribed to the within instrument and acknowledged that—they— executed the same. WITNESS my hand and official seal. Signature _ OFFICIAL SEAL LISA VAN DORAN NOTARY PUBLIC • CALIFORNIA PRINCIPAL CFFiCE IN SAN CiEGO COUNTY My~Commiss»on hxpires Jan. 28,1983 (This area for official notarial seal) C Exhibit That portion of Tract 240 of Thum Lands, in the City of Carlsbad, County of San Diego, State ot" California, according to the Map thereof No. 1681, filed in the Office of the County Recorder of said San Diego County, December 9, 1915, described as follows: Beginning at a concrete monument at the point of intersection of the center line of Highland Street and the center line of Chestnut Avenue, running thence along said center line of Chestnut Avenue, South 61°21' West, a distance of 443 feet to the true point of beginning; thence continuing South 61°21' West, along said center line of Chestnut Street a distance of 211.43 feet to a point; thence South 28°39' East, a distance of 492.61 feet to a point; thence North 61°21' East, a distance of 2.11.43 feet to a point; thence North 28°39' West, a distance of 492.61 feet to the true point of beginning.