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Home My WebLink AboutCT 87-02; CARLTAS DEVELOPMENT CO; 1992-0336881; Public Facilities Fee Agreement/ReleaseIC tt 1992-0336881 OIWJUN-1992 08=59 AH Recording Requested By and Return To: CITY OF CARLSBAD 1200 Elm Avenue Carisbad, CA 92008 .IMO OFFICIAL RECORDS •SAN OIEGO COUHJy RECORDER'S OFFICE AHHETTE EUAHS, COUHTY RECORDER RF: 4,00 AF: 100 nF: LOO- 1 L.L.1J * RELEASE OF AGREEMENT 8.00 TO PAY FEES FOR FACILITIES AND IMPROVEMENTS AS REQUIRED BY GROWTH MANAGEMENT SYSTEM PLEASE TAKE NOTICE that the Agreement for Payment of Fees for Facilities and Improvements as Required by Growth Management System between the City of Carlsbad and CARLTAS DEVELOPMENT CO. (87-170) required by an Application for CT-87-2 08/20/87 and recorded on , as Document No. 87-473345 is hereby released for the following reason: I I Fees Paid and Cbligation Satisfied I j Application Withdrawn Other EXPIRED DATED ATTEST 5/15/92 CITY OF CAR By: ^ MARTIN Community Deveioprnent Director ATETH^^l^RAl^-ENKRANZ City Clerk APPROVED AS TO FORM: VINCENT F. BIONDO, JR, City Attorney IcAREN J. HIRATA DEPUTY CITY ATTORNEY By STATE OF CALIFORNIA COUNTY OF .^AN DIEGO SS: 1141 On MAY 15. 1992 before me, the undersigned, a Notary Public an^forWi^-State, personally appeared ^^^^w^n' to Tto .e ."!^l'L.»rr ^TTV rr.FPK of THK CITV OF CARLSBAD and y.r.:Z':r:: ^oZ Sfperson who executed the within i-tru^ent ^r, v^^^baif of said public corporation, agency or poii^icax Subdivision, L/^cknoS^ to L that such public corporatxon, agency, or political subdivision executed the same. WI'MSFESS my hand d official seal (Signature) RANDEE HARLIB OFFICiAL SEA.L RAND6E HARUB My CoffwrWon Exg^ februarv 20. 1W Name (Typed or printed) I 8? 4 7?M5 0 1182 RECORDING REQUESTED BY AND ) f~I RtCOROEO fN 1 nc^fSSf^^f^t CORDS I OF SAN Qn:m COUNTV. CA.I WHEN RECORDED MAIL TO ) 1387 m 20 PH \2: 27 CITY OF CARLSBAD ) 1200 Elm Avenue ) 1 ,,^E:RA L. LYI F j Carlsbad, CA 92008 ) Space above this line for. Recorder's use. Documentary transfer tax: $ No Fee RF AR MG / Signature o'f declarant determining tax-firm name CITY OF CARLSBAD Parcel No. AGREEMENT TO PAY FEES FOR FACILITIES AND IMPROVEMENTS AS REQUIRED BY GROWTH MANAGEMENT SYSTEM day This Agreement is made and entered into this ^ of c/^ , 1987, by and between the City of Carlsbad, California, a Municipal Corporation of the State of California, hereinafter referred to as "City" and Caritas Development Company a Califomia Qmxatim hereinafter referred to as "Developer". RECITALS A. Developer has requested that the City issue building or other development permits pursuant to the provisions of the Carlsbad Municipal Code for a development located at Palomar Airport Road in the City of Carlsbad, and referred to as Carlsbad Ranch Comnercial Center. B. On ik Developer entered into an 3.5 agreement with the City to pay Public Facilities Fees of •2%-5r - 0 1183 percent of the building permit valuation. A copy of the agreement is on file with the City Clerk and is incorporated by this reference. C. This agreement is entered into pursuant to Section 21.90.030(c) and 21.90.040(b) of the Carlsbad Municipal Code. Developer acknowledges that the agreement to pay the additional or increased fees and to otherwise participate in the construction or financing of construction of public facilities and improvements as specified in this agreement is voluntary but that without this agreement would be precluded from obtaining building and other development permits by operation of Section 21.09.030 of the Carlsbad Municipal Code. Developer has chosen to obtain building permits under the provision of Section 21.90.030(c) of the Carlsbad Municipal Code and in consideration of the issuance of building or other development permits, Developer hereby enters into this agreement and waives any rights to challenge such fees. D. Developer recognizes that Section 21.90.050 establishes a local facilities management fee which shall be used to pay the cost of providing facilities and improvements which are identified in the citywide facilities and improvements plan and in the applicable local facilities management plan, but are not paid from other sources. Developer further recognizes that certain other fees, such as traffic impact fees, have been or may be adopted for the area of the City in which the developer's project is located. ^ 1184 Developer agrees to pay those fees. NOW, THEREFORE, in consideration of these Recitals and the issuance of building or other development permits by the City, Developer and City agree as follows: 1. That the foregoing recitals are true and correct. 2. That Developer agrees to pay the fees identified by the City Council as necessary to pay for the cost of providing the improvements or facilities which are listed in Sections 21.90.090 and 21.90.110 of the Carlsbad Municipal Code and which are adopted pursuant to Section 21,90.050, or any other provision of law. These fees include, but are not limited to, public facilities fees, traffic impact fees, bridge and thoroughfare fees, park fees and the fee imposed under Section 21.90.050. Payment shall be due thirty (30) days from the date each fee is established. This agreement applies to fees adopted on or before July 20, 1988 or concurrently with the adoption of the appropriate local facilities management plan, whichever occurs first. Developer hereby waives any rights to pay the fees referred to herein under protest and that any protest shall immediately subject the project to the provisions of Section 21.90.030(a) of the Carlsbad Municipal Code. 3. Developer agrees to construct, or participate in financing the construction of, public facilities and improvements identified in the citywide facilities and improvements plan or the local facilities management plan to the extent that those facilities or improvements are 0 1185 allocated to developer's property or project and are not financed by the fees referenced hereto. 4. Developer agrees to prepare or participate in the preparation, as determined by the City Council, of the local facilities management plan for the zone in which development is located. 5. City agrees to issue building and other development permits pursuant to the provisions of the Carlsbad Municipal Code Titles 18, 20 and 21 to the extent such permits comply with applicable provisions of law. 6. In the event that the payment required by this agreement is not made when due, the City may pursue and remedy, legal or equitable (including those specifically referred to herein), against the Developer and the Developer's successors, heirs, assigns and transferees. Without waiving its rights under this section. City, upon request of Developer, may allow additional time to pay the fee. 7. In addition to the other remedies available to the City, it is hereby agreed that if Developer does not pay the fees specified by this agreement, the City may revoke the building permit for the project or may deny or revoke a Certificate of Occupancy for the project or both upon fifteen (15) days written notice to Developer of the revocation or denial. 8. The City shall not, nor shall any officer, employee of the City, be liable or responsible for any loss or damage •0 1186 happening or occurring to Developer or any successor or assign of Developer or to any occupant in Developer's building for the exercise of any of the remedies provided to the City pursuant to this agreement, regardless of the nature of the loss or damage. 9. This agreement and the covenants contained herein shall be binding upon and enure to the benefit of the successors, heirs, assigns and transferees of Developer and shall run with the real property and create an equitable servitude upon the real property. 10. The prevailing party in any dispute between the parties shall have the right to recover from the nonprevailing party all costs and attorney's fees expended in the course of such dispute. 11. Except as otherwise provided herein, all notices required or provided for under this agreement shall be in writing and shall be delivered in person or served by certified main postage prepaid. Delivery of notices to Developer shall be presumed to have been made on the date of mailing regardless of receipt by Developer. Notices required to be given to Developer shall be addressed as follows: Caritas Development Companv —4401 Manchestf^r Avf^. ^ R^-^. yof. —Encinitas, CA 92074 Notices required to be given to the City shall be addressed as follows: Community Development Director CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, CA 92008 12. This agreement shall be recorded and Developer 5 0 1187 shall pay all costs of recording. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 1987. Caritas Development Conpany, a Califomia Corporaj DEVELOJ CITY OF CARLSBAD, a Municipal Corporation of the State of Califomia By: MARTIN ORENJ C o m m u n i t Y'OD e V e 1 o pm e n t Director STATE OF CALIFORNIA COUNTY OF SAN DIEGO ) ss. ) On the day of _ me the undersigned, a Notary 19_£^, before iblic in and for said State, personally appeared MARTIN ORENYAK, known to me to be the Director of Community Development of the City of Carlsbad, California, 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. TO< FORM: icent F. Biondo, Jr. City Attorney (NOTARIAL ACKNOWLEDGEMENT OF EXECUTION OF OWNERS MUST BE ATTACHED.) • OFFICIAl. SEAl I • ^^^^ ^' »^UN0T2 ; $ 6^^K9 NOTARY PUBUC-CAUfO*NIA J • SAN OJEGO COUNTY » • ^"^Bf^ My Comm. Exp. Se»t 27. 1989 J •*••**•»**••••••••«*•••*•••»** • ' / / / STATE OF CALIFORNIA COUNTY OF_ On_ •0 ra o a> E OJ ra u. E 15 0) ra o 2 ™ Q ^ O (0 ,1188 iss. said State, pers^ally appeared before me, the undersigned, a Notary Public in and for , ouiiaiiy IXIIUWri lO iTI basis of satisfactory evidence) to be the person;^ who executed the within instrument as —^^^^'^^"^ ^J«2CXXXXXXXXX}QQQQQ50Sag». on behalf of ^eloanent forrrvjr.x. . personally known to me (or proved to me on the r'^^l .u ; ^--^^'^'^r\f\rtf\f\/\ ^jSJf^ —S:ggltas Developmenl- rnrr^^ny; the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. Signature. OTFiaAt SEAl % SAN DIEGO COUNTY J (This area for official notarial seal)