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HomeMy WebLinkAboutCT 81-36; GERARDO, VITO AND PETER J; 84-251640; Public Facilities Fee Agreement/Release^ECOiRDiNiG REQUESTED BY -WIMJ T5T';: t?-'V:«.i*R'rr: f*"t*^pARJVISifb!\ iitl-L >l.-.;'v'i',r«rr^,. vv.;»! I ni* I AFTER RECORDING MAIL TO: THE CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, CA 92008 . i ^?• ,*< *r 645 84Cfe51640 OFFICIAL R^CO^OS j SOFSANDitQOCOvHIY.CAJ !S84 JUL -3 PM 3= 00 I CO **~™*»*™ Vf.r,,L .COUflTV \-uf\ RELEASE OF AGREEMENT TO PAY PUBLIC FACILITIES FEES RF MG < PLEASE TAKE NOTICE that the Agreement For Payment Of Public Facilities Fees between The City of Carlsbad and Vito and Peter J. Gerardo required by an Application for CT 81-36/CP-183 and recorded on June 24, 1982 , as Document No. 82-194839 is hereby released for the following reason: /X7 Fees Paid and Obligation Satisfied l~~l Application Withdrawn /~7 Other DATED: June 28, 1984 ATTEST: ALETHA L. RAUTENKRANZ, City Clerk CITY OF CARLSBAD FRANK D. ALESHIRE, City Manager APPROVED AS TO FORM: VINCENT F. BIONDO, JR City Attorney By DkKlel SC HentschfceS-A«6ietant STATE OP CALIFORNIA) ) ss. COUNTY OF SAN DIEGO) On July 2, 1984 646 before me the undersigned, a Notary Public in and for said State, personally appeared Frank D. Aleshire, known to me to be the City Manager of the City of Carlsbad, a Municipal Corporation of the State of California, known to me to be the person \*ho executed the within instrument, on behalf of said Municipal Corporation, and acknowledged to me that such City of Carlsbad, executed wthe same. WITNESS my hand and official seal. OFFICIAL SEAL KAREN R. STEVENS Notary Public - California Principal Office In San Oieg* County »£.p«iS«027 IMS ., •• 217 i^ RECORDING REQUESTED BY AND ) V'HEN RECORDED MAIL TO: ) ^-194839 CITY OF CARLSBAD ) 1200 Elm Avenue ) 1382 JUN 24 AH If: 00 Carlsbad, California 92008 ) ,I VERAL.LYL.E: i NO FEE Space above t hi sTTrTQ ~ ~f o r '" ft' e"cQroje j f s use Documentary tr/ns/fer tax: $ No fee Signal vi re of declarant determining tax-firm name City of Carlsbad 3 AGREEMENT BETWEEN DEVELOPER--OWNE R AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEK THIS AGREEMENT is entered into this __2_day of _June , 1982. by and between VIto and Peter J^ (name of developer-owner) a _E5LrJtnerShig_ _____^ »• hereinafter referred to as (Corporation, partnership} etc.1 "Developer" whose address is __2J748 Argonayta (street) Ca r 1 s ba d» Ca . 92 008 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 Avenuj Carlsbad, California, 92008. WITNESSET H: 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: Developer proposes to develop a 17 unit condominium project. REV 4-2-82 ,; -•- 218 ;, on said .Prope.rty, which development carries the proposed name of Tentative Subdivision Map -- Carlsbad Tract 81- and is hereafter referred to as "Development"; and WHEREAS, Developer filed on the 2 day of June 1982 , with the City a request for ^Tentative Subdivision Map approvaJL^Condo Permit approval. CTT/f/-3ti/(L/>t!3 hereinafter referred to as "Request"; and WHEREAS, the Puhlic 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 2, 1982, in 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. -2- REV 4-2-82 NOW, THEREFORE, If) consideration of the recYtals and the covenants contained herein, the parties agree as follows: 1.' The Developer shall pay to fhe City a public facilities fee in an amount not to exceed 2% of the building permit valuation of the building or structures to be const rue ted 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 t to Titles 18, 20 or 21 of the Carlsbad Municipal Code. Developer shall pay a fee for conversion o f existing building or structures into condominiums in an amount not to exceed 2% of the building 4» permit valuation at the time of conversion. The fee for a condominium. convers ion shall be paid prior to the issvrance 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 o ecu par, cy for which 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. — 3_ REV 4-2-82 ' •••; . •' ..;. ••- 22.c; • - 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. 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 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 t.o 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. -4- . ' - . 221- 6. All obligatio rf's*' h e r e u n d e r shall t e r m i n a t e****i n 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 what soever unless served in one of the following manners: 7.1 If notice is given to the Cit.y of personal delivery thereof to the City or by depositing same in the United States Mail, i 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 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 an-.i 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 here under. 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 4-2-82 • . . , -• 222,,, IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: Windsor Company Vito Gerardo Peter J. Gerardo' (n ame BY Owner-Developer Owner-Developer (Title) CITY OF CARLSBAD, a municipal corporation of the State of California BY City Manager ATTEST: A K ^Z^n^ _ , City ClofcrkALKTHA L. RAUTENKRANZ APPROVED AS TO FORM: APPROVED VINCENT F.; • / SWuAttorney ' /, S~~\In VINCENT F. BIONDO, JR., City Attorney 'eT'S.^nfschke, •(Notarial' acknowledgement of execution by DEVELOPER-OWNER must be at tached. ) .( State of Illinois County of Cook I, _ Barbara J. Born a notary, public in and for the- state of Illinois, hereby acknowledge the signature of Peter J. Gerardo. Subscribed and sworn before me this 3rd.day of June — 6 — r REV 4-2-82 224 EXHIBIT "A' LEGAL DESCRIPTION Lots 425, 426 and 427 of La Costa Meadows Unit No. 3, in the City of Carlsbad, County of San Diego, State of California, according to Map No. 7076, filed In the Office of the County Recorder of San Diego County, October 6, 1971. STATE OF CA f , d§ ,personatiy appeared before me, IO l«5 l"° F~* " , within instrument and acknowledged^ that- same. known to me subscribed to the .executed the 223 SAFECO FOR NOTARY SEAL OR STAMP OFFICIAL SEAL LORRAINE MARTIN N01AKY HilBLH. CALlKJtiNc PhlNClPAl O^ICfc IN SAN DltGU COUNTY My Commission Expires August 9, 1982