HomeMy WebLinkAboutGPA 59F; SCANLON, JAMES A; 88-558990; Public Facilities Fee Agreement/Releasec
Recording Requested By
and Return To:
CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, CA 92008
uio 88 558i90
| VERAL.LYLE[_JCOUNTY RECORDER
RF4.00
AR2.00
MG1.00RELEASE 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 Scanlon, James A. (81-17)
required by an Application for GPA-59 (F)/zc-237
, as Document No. 81-232520
and recorded on
is hereby
released for the following reason:
|__| Fees Paid and Obligation Satisfied
Application Withdrawn
Other
DATED:10/3/88
CITY OF CARLSBAD
By
MARTIN OR!
Community Development Director
ATTEST:
ALETHA L. RAUTENKRANZ
City Clerk
APPROVED AS TO FORM:
VINCENT F. BIONDO, JRV:>
City Attorney
By
\
RONALD R. BALL
1411
STATE OF CALIFORNIA )
) ss .
COUNTY OF SAN DIEGO )
On October 25, 1988 , before me the undersigned, a
Notary Public in and for said State, personnally appeared Aletha L.
known to me to be theRautenkranz 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 J
NOTARY PUBLIC-CALIFORNIA *
SAN DIEGO COUNTY *
My Ctmm. Exp. Sept. 27, 1989 J
******************************
After>rtcordiag return to: ^*' .
* *i
City of Carlsbad
UOO Elm Ave.
Carlsbad, CA 92008 .' ocmDnen *-«,«*•*.* ^AGREEMENT BETWEEN DEVELOPER-OWNER "CORDED RtQUEST OF
' ' AND THE CITY OF CARLSBAD FOR THE .£t#M &(\
• ' PAYMENT OF A PUBLIC FACILITIES FEE Jft £3 || 10ftH*81
RECORDS
* NTY.CAi
THIS AGREEMENT is entered into this
^*f*** _ "
/ by and between yj/f^?^^ /V.
_
(name of developer-owner)
a _ _ : _ ^_i hereinafter referred to as
(Corporation, partnership, etc.)
" "Developer", whose address is 7 3° b
(street)
• ' , and THE CITY OF
(Cxty, state, zip code) • .. •
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 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:
C ' 282
on said Property, which development carries the proposed name
of • •
and is hereafter referred to as "Development"; and
WHEREAS, Developer filed on the BO day of
19 Qt , with the City a request for
T
(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 recoonize 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 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
2.
283
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 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 develop-
ment 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 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
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
3. : . . .
284
the development is intended. Developer shall pay to City a public
facilities fee in the sum. of $lfl50 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. 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 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 agree-
ment. 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
. • 4. ••';•' '
285
be void. No buildiiig 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^ •
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 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,
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
5. •
286
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 on the Property. When the obligations
of this agreement have been satisfied, City shall record a release.
///
6,
-**«,
-•.•.urf'
IN WITNESS WHEREOF, this agreement is executed in San Diego
County, California as of the date first written above.
DEVELOPER-OWNER:CITY OF CARLSBAD, a municipal
corporation of the State of California
(Title)
By
(Title)
ft. Scxxn .l.o-o.
City Manager
ATTEST:
ALETHAL. RAUTENKRAN2 ,~ City Clerk
APPROVED AS TO FO
VINCENT F. BIONDO, JR..,
Citv Attorney
7-Assistant
STATE OF CALIFORNIA
COUNTY OF 5Gun "Dic^o SS
288
ON ............... . ........... . ...... Qp.rLL-.3Q..... .............. . ........ . ............. , 19.S1, before me, the
undersigned, a Notary Public in and for said County and State, personally appeared
OFFICIAL SEAL
Denise Claire Blokker
NOTARY PUBLIC-CALIFORNIA
PRINCIPAL OFFICE IN
SAN DIEGO COUNTY
My Commission Expires Mar. 9. 1984
known to me to be the person.... whose name 1:5 subscribed to the within
instrument, and acknowledged to me that ....he.... executed the same.
Notary's Signature AtOLjU-C .(
GENERAL ACKNOWLEDGMENT
Form No. 16
£g y
O
SCHEDULE "A"
The Southeasterly 1/2 of Lot 4 of the Subdivision of Tracts 114 and
120 of CARLSBAD LANDS, in the City of Carlsbad, County of San Diego,
State of California, according to the Map thereof No. 1744, filed
in the Office of the County Recorder of San Diego County, January 3,
1923, the Northwesterly boundary line of which is parallel with the
Southeasterly boundary line of said Lot 4, together with the
Northwesterly 10 feet of that portion of Pine Avenue adjoining said
land on the Southeast as vacated by the City Council of the City of
Carlsbad by Resolution dated May 10, 1959, a certified copy of which
was recorded June 16, 1959, in Book 7719, page 58 of Official Records,