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HomeMy WebLinkAboutCT 84-23; AETNA CAPITAL CORP/GREENS ASSOCIATES; 85-239782; Public Facilities Fee Agreement/Release2100 Recording Requested By and Return To: THE CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, CA 92008 85-239783 I BECOROEDiN-'" " OFFICIAL RECORDS I OF SAN DIEGO COUNT Y.CA. 1385 JUl -3 PH I? 30 VERAL,LYi..£. j COUNTY RECORDER 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 Aetna Capital Corporation and The Greens Associates required by an Application for CT 84-23/PUD-71 and recorded on December 17, 1984 , as Document No. 84-468760 is hereby released for the following reason /~7 Fees Paid and Obligation Satisfied /~7 Application Withdrawn /(X7 Other A new agreement has been recorded. DATED: June 27. 1985 ATTEST : _ALETHA L. RAUTENKRANZ, City Clerk APPROVED AS TO FORM: VINCENT F. BIONDGU JR. B CITY OF CARLSBAD n City Manager HIRE, STATE OF CALIFORNIA ) ) SS. COUNTY OF SAN DIEGO )2101 On .y^jU. /• / 7S3 i before me the undersigned, a Notary Public in a*>d f<0? araid State, personally appeared Frank N. Mannen, known to me to be the Asst. City Manager 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 and official seal. OFFICIAL SEAL KAREN R. STEVENS Notary Public - California Principal Offiw In San Diego County My Comma**! Expm S*t 27,1918 846 84-468760 RECORDING REQUESTED BY AND WHEN" RECORDED MAIL TO: CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, California 92008 ) ) ) ) ) ) f r- / -. t- "" *'tH " ~:-- ~ ',';',, '••in n1* ' *• u l^»&l£MfLK j Space above this line for Recorder's use MA PPE Documentary transfer tax: $ No fee Signature of declarantdetermining tax-firm name City of Carlsbad Parcel No.223-021-13 AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLKMFACILITIES FEE THIS AGREEMENT is entered into this Jlrfday of /^ ^7 , 19 by and between THE GREENS ASSOCIATES PARTNERSHIP (Corporation,partnership,etc.) "Developer" whose address is 2643 FOURTH AVENUE (Name of Developer) , hereinafter referred to as (Street) SAN DIEGO, CALIFORNIA 92103 (City, State, Zip Code) and AETNA CAPITAL CORPORATION CORPORATION (Corporation,etc.) "Owner" whose addrega is 840 NEWPORT CENTER DRIVE (Name of Legal Owner) , hereinafter referred to as (Street) NEWPORT BEACH, CALIFORNIA 92660 (City, State, Zip Code) AND the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City", whose address is 1200 Elm Avenue, Carlsbad, California, 92008. PFV &_9- 847 RECITALS v 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 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; 334 UNIT TENTATIVE TRACT MAP AND PLANNED UNIT DEVELOPMENT on said Property, which development carries the proposed name of THE MEADOWS and is hereinafter referred to as "Development"; and WHEREAS, Developer filed on the day of 19 , with the City a request for 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 April 2, 1982, 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 -2- REV 4-2-82 848 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 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 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 and Owner shall pay a fee for conversion of 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 mobilehorae sites or -3- REV 4-2-82 849 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 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. 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 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- T» I? TT /._•>_<»'» •u(; 850 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 des cribed. 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. f - - - 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. -5- REV 4-2-82 851 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 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. III -6- REV 4-2-82 852 IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. OWNER: (Signa DEVELOPER: .Q?HE_.GKEENS ASSOCIATES , a .Partnership GTK III, INC., a California Corporation » President (Name) a Ca 11fornjia Corporati on•—^^^(Signature) (Name)MRLIir, INC., a CaHforia CorporTEcFo (Signature) ATTEST:CITY OF CARLSBAD, a municipal corporation of the State of California APPROVED AS TO VINCENT F. BIONDO, JR., City Attorney State of California COUNTY of ORANGE On May 25, 1984 SS.853 Said State, personally appeared f before me, the undersigned, a Notary Public in and for Richard C. Jack, Jr.known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the Vice President, and _ , personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the _ Secretary of the corporation that executed the within instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal Signature DEWEY // Name (Typed or Printed) OFFKMLSEM. MARILYN K. DEWEY NOTARY PUBLIC - CALIfORMA PRINCIPAL OFFICE IN ORANGE COUNTY My Commission Exp. Apr. 12,1985 SEME OP CALIFORNIA ' ) ne A- 854 OOUMTir OF San Dtagg _ ) On May 18. 19-84 _ , before me, the undersigned, a Rotary Public in and for said State, personally appeared MM. PATRICK KRUER , personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as _ President and _ Secretary, on behalf of _ WPK II, INC, _ the corporation therein named, and acknowledged to me that said corporation executed the within instrument pursuant ot its by-laws or a resolution of its board of directors, said corporation being known to me to be one of the partners of THE GREEN.S ASSOCIATES _ the partnership that executed the within instrument, and acknowledged to me that such corporation executed the sane as such partner and that such partnership WITNESS my hand and official seal Signaturet_^- OFFICIAL SEAL LINDA M. BULLOCK NOTARY PUBLIC-CALIFORNIA PRINCIPAL OFFICE IN SAN DIEGO COUNTY My Commission Expires Jan. 10, 1986 (This area for official notarial seal) STOIC GP CALIPOFNIA )- )ss. • 855 COUNTY OP San Diego On _ May 18, 1984 _ , before me, the undersigned, a IJbtary Public in and for said State, personally appeared George T. Kruer _ _ _, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as President and Secretary, on behalf of GTK III, INC. the corporation therein named, and acknowledged to me that said corporation executed the within instrument pursuant ot its by-laws or a resolution of its board of directors, said corporation being known to me to be one of the partners of THE GREENS ASSOCIATES the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership t executed the same. WITNESS my hand and official seal OFFICIAL SEAL LINDA M. BULLOCK NOTARY PUBLIC-CALIFORNIA PRINCIPAL OFFICE IN SAN DIEGO COUNTY My Commission Expires Jan. 10, 1986 (This area for official notarial seal) EXHIBIT "A'M 856 LEGAL DESCRIPTION PARCEL A: PLAT THEREOF. PARCEL B: ofSo ^IMMEDIATELY ADJACENT TO THE SOUTHEASTERLY LINE OF SAID PARCEL 2. STATE OF CALIFORNIA ) )SS.COUNTY CF San Diego _ j On _ May 18. 1984 t before me, the undersigned, a Rotary PubUc in and for said State, personally appeared MATHEW R. LOONIN , personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as President and Secretary, on behalf of MRL HI. INC. the corporation therein named, and acknowledged to me that said corporation executed the within instrument pursuant ot its by-laws or a resolution of its board of directors, said corporation being known to me to be one of the partners of THE GREENS ASSOCIATES the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership * ^executed the sane. WITNESS my hand and official seal J ^^^\^^^ .^^ S//*} f**} SSSs •*. J^Signature ^XA £^€<&&t^' / / >&^&&£££t3(^%-- ' OFFICIAL SEAL LINDA M. BULLOCK NOTARY PUBLIC-CALIFORNIA PRINCIPAL OFFICE IN SAN DIEGO COUNTY My Commission Expires Jan. 10, 1986 (This area for official notarial seal)