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Home My WebLink AboutCT 81-11; LA COSTA GREENS; 88-475252; Public Facilities Fee Agreement/ReleaseRecording Requested By and Return To: **"""" /" CITY OF CARLSBAD *v' 1200 Elm Avenue Carlsbad, CA 92008 ( 1983 RELEASE OF AGREEMENT TO PAY PUBLIC FACILITIES FEES VERA L. LYl£ j OUNTY RECORffijRj PLEASE TAKE NOTICE that the Agreement For Payment Of Public Facilities Fees between the City of Carlsbad and La Costa Greens (81-19) required by an Application for CT-81-11/CP-156 8/11/81 _, as Document No. 81-254394 released for the following reason: Ixxl Fees P31'^ anc' Obligation Satisfied [ | Application Withdrawn |~~| Other and recorded on is hereby DATED: 8/31/88 ALETHA L. RAUTENKRANZ City Clerk «. APPROVED AS TO FORM: VINCENT F. BIONDO, JR. Ci ty Attorney By CITY OF CARLSBAD By Ai—cv/fc: f]YAK^:MARTIN Community Development Director PROVED AS TO FORM: F. BIONDO, JR.,RNEY RONALD R. BALL f 1984 STATE OF CALIFORNIA ) ) SS. COUNTY OF SAN DIEGO ) On September 14, 1988 , before me the undersigned, a Notary Public in and for said State, personnally 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 the official seal. ******* OFFICIAL SEAL J KAREN R- KUNDTZ J NOTARY PUBLIC-CALIFORNIA J SAN DIEGO COUNTY *My Comm. Exp. Sept- 27, 1989 Notary i—' ,1151 Jter recording 'return to: tUy'of. Carlsbad' 1200 Elm /We. Carlsbad, CA 92008: 99 9 v • AGREEMENT BETWEEN DF,V£LOPER~OWtlER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF-A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this* " 19 9 I t by and between • ' Lo<, Co/4j day of ^ (name of developer-owner) a fK-v'frn t-Vj* •', (Corporation, partnership, etc.) "Developer", whose address is f.°- rhereinafter referred to as t 1 *t- a w (street) # • • ' ^ t" V^ r and THE CITY OF r ^ _----, j (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 I T N.E S S E'T H: VJHEREAS, 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:. iooo • on said Property, which development carries the proposed name t^ 5 .'"'' ' •; • '•and -is hereafter referred to as "Development"; and, ; WHEREAS, Developer filed on the "Co ' day of 19 8 1 , with the City a request for fey" i4 ' ^ > f • Y CrT g 1 - h ' > * - (hereinafter referred to as "Request"; and ' . • VJHEREAS, the Public Facilities Element of the City General Plan requires that the City Council 'find that all public x 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* * •• 1 ' •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 awsre that the City cannot and will not be stale to make any such finding without financial assistance to pay for such services and facilities; and, therefore, Developer proposes .''•.;• ' ^ • 2.. -; .' -: .'•'.. ..•'•'. * -} v - • iooi ' . .. ^ 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 prior 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 : " -, 10Q2 • • 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 ft • 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 ir, 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-. •roent. Sites donated under this paragraph shall not include improvements A - 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 * 4 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 •«* i " services, and the Development will not be consistent with the '« • General Plan and any approval or permit for the Development shall 4. . • . 1.003 .-be void. No building br 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 hereund.er shall terminate in the, event • the'Requests made by Developer are not approved. I' *; .-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 1 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 « fthereof 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. i * 7.2 If notice is given to Developer by personal delivery « i thereof to Developer or by depositing the same in the United States 5. •' • 1004 Hail, 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 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 on the Property. When the obligations • ( , • of this agreement have been satisfied, City shall record a release. 1005 IN WITNESS WHEREOF, this agreement is executed in San "Diego County, California as of the date first written above. DEVELOPER-OWNER: * ' 6- •(Name) . By' f V• *% V r M <..(Title) i By CITY OF CARLSBAD, a municipal corporation of the State of California <• City Manager (Title) ALET1IA L. RAUTENKRKNZ, City Clerk ^ APPROVED AS TO FORM: APPROVEpi AS TO /VINCENT/.,BIO KDKS. Hentscnke, Assistant • VINCENT F. BIONDO, JR..,. City Attorney •(Notarial acknowledgement o'f execution by DEVELOPER-OWNER must be attached.) 1007 81-254394 EXHIBIT "A1 52 OFFICIAL -'EUGRCS §<M DiKO COUNTY. CAi Vr'P.A L. LYLt NO FEE LEGAL DESCRIPTION Lots 186 and 187 La Costa South Unit 2, Map 6462 STATE OF CALIFORNIA COUNTY OF San Diego SS. On March 20. 1981 1006 before me, the undersigned, a Notary Public in and for said County and State, personally appeared Mike Kupfer known to me of the partners of the partnershipto be_one ta 6 that executed the within instrument, and acknowledged to me that such partnership executed the same. Signatu: FOR NOTARY SEAL OR STAMP OFFICIAL SEAL DOROTHY HOWARD < NOTARY PUBLIC - CALIFORNIA}? PRINCIPAL OFFICt IN ^ SAN DIEGO COUNTY My Commission Expires October 13, 1984