HomeMy WebLinkAboutCUP 289; LIN, TENG-SHU/YUEH-JU/TU-TONG/KUO; 89-163041; Public Facilities Fee Agreement/Release?>;;0480
Recording -Requested By
and Return To:
CITY OF CARLSGAU
- 1200 Elm Avenue
rlsbad, CA 92008
{*""""* fCCORDlTO IN " II OFF SCJAL flECOROSJAL flECOROSOCOiJ«ry,CA.I
RELEASE OF AGREEMENT
TO PAY PUBLIC FACILITIES FEES
89 nm 30 PH £
! VERA L. LYLE ICOUNTY RECDROIR J
Ri
AR 2.00
MG 1.00
PLEASE TAKE NOTICE that the Agreement For Payment Of Public Facilities
Fees between the City of Carlsbad and Lin, Teng-Shu/Yueh-Ju/Tu-Tong/Kuo
Wan-Mei/Et. Al. (86-22)
required by an Application for CUP-289
5- | °l -§62 , as Document No. 86-198290
and recorded on
. is hereby
released for the following reason:
}xx| Fees Paid and Obligation Satisfied
| | Application Withdrawn
l~~f- Other
DATED:
CITY OF
MARTIN ORENYAK"^
Community Development Director
ATTEST:
ALETKA L. RAUTENKRANZ
City Clerk
APPROVED AS TO FORM:
VINCENT F. BIONDO , JR.'\
City Attorney
F. BIONDO, JR., C
RONALD R. BAIL
STATE OF CALIFORNIA )
) ss .
COUNTY OF SAN DIEGO )
On March 24. 1989__ , 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.
S*KW*>i<i|. **************
01 HUM SEAL %
KAREN R. KUNDTZ %NOTARY »u3uc-cALiFORNiA *
S'\N OiEGO COUNTY *
My Comm Exp. Sept. 27, 1989 |
j;. ^: ^ * :j: ^ * t li- ^: ;:. '!; ??' i^ * * * * * * *
_— - ---Notary Pjhbli
-_/ -^
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, California 92008
2285
86-19829D
1386 HAY 19 PH 3= 12
VERAL.LYLE I
COUNTY RECORDER
Space above this line for
IXo c urn o n t a r y—t rancf e-c—t-ajc^_
rder ' s use
Signature of declarant determining
tax-firm name
City of Carlsbad
Parcel No.
RF
AR
MG 7
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this 23 day of
by and between
1 9
LIN. YUEH-JU LIN. YU-TONG UN. KUO WAN-MET LETN
(name of developer -owner)
TNT7TVTT)TTAT.
(Corporat ion, partnership, etc.)
'Developer" whose address is 5005 Maynard
ALAN T.S. WU AND SHY MEI-TZU WU
, hereinafter referred to as
(street)
San Giego, Calif. 931 P.P.and THE CITY OF
(City,state,zipcode)
CARLSBAD, a municipal corporation of the State of California,
hereinafter referred to as "City", whose address is 1200 Elm Avenue,
Carlsbad, California, 92008.
WITNESSETH:
WHEREAS, Developer is the owner of the real ITroperTy 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:
MOTEL PROJECT
REV 4-2-82
. 2286
on said Property, which development carries the proposed name ofTEMG-5HU AMD YUFH-JU LIN, YU-TONG AND KUCf WA^-MEI LIN
ANT ALAN T.3. ANQ 3HY M^I-TZU WU
and is hereafter 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 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
. • ' C W #237NOW, 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 2.5% 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 of existing building or structures
into condominiums in an amount not to exceed 2.5% 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 mobilehotne 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
facilities fee in the sum of $1,150 for each mobilehotne 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 4/22/86
2288
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-
C •- 2289
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
2290
EXHIBIT "A"
LEGAL DESCRIPTTOM
PARCEL 1: That portion of Tract No. 23G of THUM LANGS, in the
City of Carlsbad, County of San Diego, State of California, acc-
ording to Map thereof No. 1681, filed in the Office of the County
Recorder of San Diego County. Tax Ass. Mo. 205-270-30
PARCEL 2: That "ortion of Tract No. 236 of THUM LANDS, shown on
Map No. 1G81, filed in the Office of the County Recorder of San
Diego County, December 9, 191F> as Conveyed to the State Of Calif,
by Deed recorded March 6, 19B7, File No. 29R20, Sa n Diego Coii-
nty Official Records.
0 2291
IN WITNESS WHEREOF, this agreement is executed in San Diego
County, California as of the date first written above.
DEVELOPER-OWNER:
IjlN . K 00 WAN-JV1KL lilrJ
CITY OF CARLSBAD, a municipal
corporation of the
State of California
BY
(Title)
BY/
ALAN T.S." WU SHY'lffifel-TZU WI/v
(Title)
ATTEST:
City Manager
ALETHAJL
APPROVED AS TO FORM:APPROVED AS TO
VINCENT F.B1ON
VINCENT F. BIONDO, JR.,
City At torney
(Notarial acknowledgement of execution by DEVELOPER-OWNER must be
at tached. )
-6-
REV 4-2-82
San DiegoTrust & Savingl^nk I 2292
NOTARY ACKNOWLEDGEMENT
A
OFFICIAL SEAL
MINDI ANTELL
HOTARY PUBLIC-CALIFORNIA
PRINCIPAL OFFICE IN
SAN DIEGO COUNTY
Mr Commission Exp. June 24,1988
STATE OF CALIFORNIA
COUNTY OF .n ss.•I»
"S2.w M
On thisezLX-— day of
County and State, personally appeared
, in theyear &u before me, the undersigned, a Notary Public in and for said
personally kiiuwn Lu ine-(or proved to me on the basis of satisfactory evi-
dence) to be the person(s) whose name(s) is/are subscribed to this instrument, and acknowledge that.
r\P > executed it.
MIS 45 (7/82)
Notary Public
IHS.San DiegoTrust & Savings Bank I
NOTARY ACKNOWLEDGEMENT^'
PARTNERSHIP g
STATE OF CALIFORNIA
OOUNTY OF ss.
On this .day of
Notary Public in and for said County and ^tate, personally appeared
_in the year.before me, the undersigned, a
/
personollyHcTTOwrrtorne (or proved to me on the basis of satisfactory evidence) to be the personfe) who executed this instrument,
on behalf of the partnership and acknowledged to me that the partnership executed it.
MIS 48 (7/821 Notary Public
in DiegoTrust & Savings Bank W»)
NOTARY ACKNOWLEDGEMENT
STATE OF CALIFORNIA
COUNTY OF J/W
OFFICIAL SEAL
MEGAN E. SHAHAN
NOTARY PUBLIC-CALIFORNIA
PRINCIPAL OFFICE IN
SAN DIEGO COUNTY
My Commission Exp. Mar. 10,1987
dayOn this &•'
County and State, perspnally appeared jfc
of_A£H I L-i in r.he '_7_S(y before me. the undersigned, a No
T.5. ]Al(A t*U> SH/
Public in and for said
personally known to me (or proved to me on the basis of satisfactory evi-
dence) to be the person(s) whose name(s) is/are subscribed to this instrument, and acknowledge that
executed it.
MIS 45 17/82)
Notary Public
l§P.San DiegoTrust & Savings Bank (OT*)
NOTARY ACKNOWLEDGEMENT
PARTNERSHIP
STATE OF CALIFORNIA
COUNTY OF -SAM DIEGO
SS.
On this 5th _day of May in the year 1986
Notary Public in and for said County and State, personally appeared YUEH JU LIN
OFFICIAL SEAL
DIVINIA S. CONDE
NOTARY PUBLIC-CALIFORNIA
PRINCIPAL OFFICE IN
SAN DIEGO COUNTY
My Commission fxp. April 3. 1990
. before me, the undersigned, a
personally known to me (or proved to me on the basis of satisfactory evidence) to be the personfek/vho executed this instrument,
on behalf of the partnership and acknowledged to me that the partnership executed it.
Notary Public
MIS 48 17/82)