Loading...
HomeMy WebLinkAboutCT 84-18; Shores at Carlsbad; 90-279560; Public Facilities Fee Agreement/ReleaseRecording Requested By and Return To: CITY OF CARLSBAD 1200 Elm Avenue " arlsbad, CA 92008 672 9 279560 RELEASE OF AGREEMENT TO PAY PUBLIC FACILITIES FEES r-6o AR2XXL MGLQO. PLEASE TAKE NOTICE that the Agreement For Payment of Public Facilities Fees between the City of Carlsbad 'and Shores at Carlsbad (84-60) required by an Application for CT-84-18/CP-288 , as Document No. and recorded on 84-217351 is hereby released for the following reason: [XXff Fees Paid and Obligation Satisfied j \ Application Withdrawn O Other Dated:5-9-90 CITY OF CARLSBAD BY __ MARTIN~ORENY/ Community Development Director ATTEST ALETHA L. RAUTENKRANZ City Clerk / APPROVED AS TO FORM BYl KAREN J. HIRATA DEPUTY CITY ATTORNEY VINCENT F. 8IONDO, JR. City Attorney STATE OF CALIFORNIA ) ) ss . COUNTY OF SAN DIEGO )673 On May 15, 1990 , 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 KAREN R. KUNDTZ NOtARV PUBLIC • CALIFORNIA PRINCIPAL OFFICE IN SAN DIEGO COUNTY My. Comm. Exp. Sept 27.1993 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO:• CITY OF 1200 Elm Carlsbad CARLSBAD Avenue , California 92008 ) ) ) ) ) ) UPM°c«&os1 Of SAN DIEGO COUNT Y.CA.l \m M \ i J VEP.A I, m 9: ao - L, 1 1 p. i , ' t- *** \mi , ,nm-.i.-j Space above this 1 ine for Recorder's use Documentary transfej tax: $ No fee Signature of declarant determining tax-firm name City of Carlsbad Parcel No.0 C? \f AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this ^ day of by and between THE SHORES AT CARLSBAD 19 84 (name of developer-owner) a PARTNERSHIP » hereinafter referred to as (Corporat ion, partnership , et c . ) "Developer" whose address is 323 W. Court St., Ste. 404 (street) San Bernardino, CA 92401 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^ Carlsbad, California, 92008. / C U /- (j) CJ .- --- W I T N E S S E T 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: WU FEE REV 4-2-82 C / / . :j .,^v. 54 ^ on said Property, which development carries the proposed name of THE SHORES AT CARLSBAD and is hereafter referred to as "Development"; and WHEREAS, Developer filed on the tf day of 19 84 > with the City a request for Tentative Subdivision Map Approval 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 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 55 NwC" 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 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 o f existing building 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 the development is intended. Developer shall pay to City a public f ~ - ' 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 56 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 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. -4- ~- 57 "W •«•-"*' 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 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 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 in the Property. When the obligations of this agreement have been satisfied, City shall record a release. _ -5- REV 4-2-82 V. V 58 IN-WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: THE SHORES AT CARLSBAD BY William Mead General Partner (Title) BY CITY OF CARLSBAD, a municipal corporation of the State of California BY City Manager (Title) ATTEST: ALETHA L. RAUTENKRANZ, City Clelrk APPROVED AS TO FO^fcOVED A£ TO ft VINCENT F. E!ONjft0/j(£.City Attorney &'.\^\ 3. Heutscbke, Assistant VINCENT F. BIONDO, JR., City Attorney (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) -6- REV 4-2-82 STATE OF CALIFORNIACOUNTY OF San Bernardino jss.-irst American Title Compan/82) (Partnership)<o 00ooCO on May 9, said State, personally appeared 1984 .before William Mead me, the undersigned, a Notary Public in and for personally known to me (or proved to me on the basis of satis- factory pviriRnre) tn he th« person that Rxenuteri the within t ^ jn_> ^ .. _.. ^^-AAA..«^. instrument as General on behalf of The Shores Carlsbad therein named and acknowledged to executed it. WITNESS my hand and official seal. partners), at i , the partnership , me that the partnership '< y^SlSilV. (OFFICIAL SEALI MAXINE SHAVER Yw6!5$ij/ NOTARY PUBLIC • CALIFORNIA ^^^^ SAfil BtftNAKOINO COUNTY My Commission Expires Sept. 2, 1535 Signature.(This area for official notarial seal) _ - 59 EXHIBIT "A" LEGAL DESCRIPTION PARCEL 1: Lot 1 in Block "I" of PALISADES, in the City of Carlsbad, County of San Diego, State of California, according to Map No. 1747, filed in the Office of the County Recorder of said San Diego County, February 5, 1923. PARCEL 2: Lots 2 and 18 in Block "I" of PALISADES, in the City of Carlsbad, County of San Diego, State of California, according to the Map thereof No. 1747, filed in the Office of the County Recorder of San Diego County, February 5, 1923- EXCEPTING from said Lots 1 and 2 hereinabove described all that portion granted to the State of California for highway purposes by Deeds recorded May 10, 1934 in Book 296, page 129 and May 17, 1934 in Book 296, page 161 of Official Records, and more particularly described as all those oortions thereof lyiug Jouthwastarly of the following described line: Beginning at a point which bears North 53°02'30" East, 65.00 feet from Engineer's Station 400400.00 on the center line of the Department of Public Works Survey from Encinitas to Oceanside, Road XI-SD-2-B; thence North 36°57'30" West, 66.41 feet to a -point which bears South 78°06'30" East, 190.84 feet from a 6 inch concrete monument set for Rancho Corner "A.H.R. No. 1, of the Rancho Agua Hedionda; thence North 36°57'30" West, 606.73 feet; thence along a curve to the right, with a radius of 7935 feet, through an angle of 3°46'24" a distance of 522.58 feet; thence South 56°48'54" West, 15.00 feet; thence from a tangent which bears North 33°11'06" West, along a curve to the right with a radius of 7950 feet, through an angle of 0°41'36" a distance of 96.20 feet to a point which bears North 57°30'30" East, 50.00 feet from Engineer's Station 412+96.80 of said Survey '