HomeMy WebLinkAboutCT 81-37; ANDERSON, ARTHUR/HOFFMAN, JAY; 82-187227; Public Facilities Fee Agreement/Release"%,
<r
Recording Requested By
Return to:
THE CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, CA 92008
82-187227
OFFICTAL RKORDS
iOFSANOtlGOCSUuTY.CA.
1982 JUN 17 PH12= 0;
coutn . t, ,•. :R
RELEASE OF AGREEMENT
TO PAY PUBLIC FACILITIES FEES
PLEASE TAKE NOTICE that the Agreement For Payment Of Public
Facilities Fees between The City of Carlsbad and
Arthur Anderson and Jay Hoffman
required by an Application for CT 81-37/MHP 81-1/ZC-247
and recorded on
NO FEE
December 15. 1981 , as Document No. 81-392461
is hereby released for the following reason:
/ / Fees Paid and Obligation Satisfied
/~7 Application Withdrawn
7x7" Other Replaced by alternate agreement '
DATED: June 8, 1982
ATTEST:
1
ALETIIA L. RAUTENKRA
City Clerk
APPROVED AS TO FORM:
VINCENT F. BIONDOt/J^pppovE[) ,
City Attorney
By
CITY OF CARLSBAD
By.
FRANK D. ALESHIRE,
City Manager
After V3Q!/rd'in§ return to:
City of Carlsbad % v U Io71
1200 Elm Ave.
Carlsbad, CA 92008 AGREEMENT BETWEEN OWNER, DEVELOPER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this 2^ lo day of (j
19<|j__, by and between
_
'(Name 'of Developer)
a ___
(Corporation, partnership, etc.)
hereinafter referred to as "Developer" whose address is
_ 3. W4" ?)oJ L)/a&L.Q p€
(Street)
(City, state, zip code)
and "g~ A V "7~V
(Name of Legal Owner)
________________________________
(Corporation, etc.)
hereinafter referred, to as "Owner" whose address is
(Street)
_ _ _
(City, state, zip code)
AND
the CITY OF CARLSPAD, a municipal corporation of the State of California,
hereinaft^*- referred to as "City", whose address is 1200 Elm Avenue,
Cp-'-lfc^ad, California, 92008.
RECITALS
WHEREAS, Owner is the owner of the real property described
on Exhibit "A", attached to and made a part of this agreement, and
hereinafter referred to as "Property"; and
1372
WHEREAS, the Property lies within the boundaries of City; and
WHEREAS, Developer has contracted with Owner to purchase the
Property and proposes a development project as follows '.
^ tf~ Ac. Pfat-ce-ir l^ii<. ..A &-a UAJ/T
C ?0ropo-. -. . --. . ;on said Property, 'which development carries the proposed name o
is
hereinafter referred to as "Development" ; and
WHEREAS, Developer filed on the 2^7 day of /L^jfo c/ T7~
19 ff I , with the City a request for-z^w^- rv»<xu^7S JES.
/Vl &T&Z- fi/jDa/u.sStJM f> '£.SZ-<vi i T i Tf
-
CT g|-3"7 MHP 31-1~
(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 incorporated by this reference) ; and
WHEREAS, Developer, Owner 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 and Owner have 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
2.
1373
Developer and Owner are aware that the City cannot and will not be
able to make any such findings without financial assistance to pay
for such services and facilities; and, therefore, Developer and
Owner propose 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 and Owner 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 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. 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 and Owner 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
3.
1374
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 and Owner shall pay to
City a public facilities fee in the sum of $1,150 for each mobile-
home 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 and Owner 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 and
Owner offer 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
4.
1375
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 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 and Owner 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 and Owner 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,
5.
376
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.
7.3 If notice is given to Owner by personal delivery
thereof to Owner or by depositing same in the United States Mail,
enclosed in a sealed envelope addressed to Owner at the address set
forth herein or at such other 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, Owner and the City, and references to Developer,
Owner 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.
At such time as Owner ceases to have any interest in the
Property, all obligations of Owner hereunder shall terminate;
provided, however, that if any successor to the Owner's interest in
the Property is a stranger to this agreement, such successor has
first assumed the obligations of Owner in writing in a form
6.
,. 1377
acceptable to City.
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.
IN WITNESS WHEREOF, this agreement is executed in San Diego
County, California as of the date first written above.
OWNER: ' DEVELOPER:
7
Title
By
Title
ATTEST:CITY OF CARLSBAD, a municipal
corporation of the State of California
ALETHA L. RAUTENKRANZ,
City Clerk
APPROVED AS TO FORM:
By.
City Manager
VINCENT F. BIONDO, JR.,
City Attorney
e, Assistant
(Notarial acknowledgement of execution by DEVELOPER and OWNER must
be attached.)
STATE OF CALIFORNIA
COUNTY OF San Diego
On August 26. 1981
Wa
8'
ss.
before me,
the undersigned, a Notary Public in and for said County and State,
personally appeared Arthur AnderSOH .
to be the person._whose name-
within instrument and acknowledged that-
same.
, known to me
—subscribed to the
MG executed the
SAFECO
FOR NOTARY SEAL OR STAMP
OFFICIAL SEAL
L Little
NOTARY PUBLIC CALIFORNIA
PRINCIPAL OFFICt INSAN OIFGO COUNTY
MY COMMISSION EXPIRES ON JULY 12. 1985
Uj%
5gasto
(Individual)
Form IMS/379
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On DECEMBER 03. 1981
SS.
State, personally appeared JAY F . HOFFMAN
before me, the undersigned, a Notary Public in and for said
#*****
., known to me
subscribed
Name f Typed or Printed)
f
-;„ 81-392461flii •£ ,'J! * T Tr «jJ-» s jn'- i.
/ BOOK IS3I
RECQRDpO n
EXHIBIT "A"
OFFICIAL RECORDSLEGAL DESCRIPTION SAN DIEGO COUNTY, CA
. - . VERA L ITLE
. . RECORDER
That portion of Parcels 2 and 3 of Parcel Map No. 3451 in the City
of Carlsbad, County of San Diego, State of California as shown on fcJ'Q
Parcel Map filed, on Page 3451 of Parcel Maps, on January 31, 1975
under File No. 75-023997, in the office of the County Recorder
of said County, described as follows:
Beginning at the Southeasterly corner of said Parcel 2; thence,
N 88°59'38" W 687.56 feet along the Southerly line of said Parcel
2; thence, S 64°58115" W 30.00 feet; thence, N 1°09'22"E 311.02
more or less to the Northerly line of said Parcel 3; thence,
Easterly along the Northerly line of said Parcels 2 and 3,
Nfc87°27*37"E 138.52 feet thence, S 2O32'23"E 10.00 feet; thence,
N 87°27'37" E 358.86 feet to the beginning of a curve concave to
the South and having a radius of 960.00 feet; thence, Easterly
along said curve through a central angle of 11 49'58", a distance
of 198.26 feet; thence, S 2°27'38"W 312.82 feet, alcmg the Easterly
line of Parcel 2, to the point of beginning.
Area = 218812.17 Sq.Ft. = 5.0232 Acres