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HomeMy WebLinkAboutGPA 64A; DAON CORP; 87-151831; Public Facilities Fee Agreement/ReleaseAmimio r\i_vwi_*j<i_ FOUNDER'S TITLE O Recording Requested By and Return To: THE CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, CA 92008 87-151831 1 RECORDED IN (OFFICIAL RECORDSI OF SAN DIEGO COUNTY, CA. I 1987 MAR2 4 AM8:00 1581 RF4.00 AR2.00 MG 1.00 U/ERA L LYLE I OUNTY 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 Daon Corporation required by an Application for GPA-64A/MPA-149J General Plan Amendment June 16, 1982 and recorded on as Document No. 82-185683 is hereby released for the following reason: /x? 'Fees Paid and Obligation Satisfied /~7 Application Withdrawn I~T Other DATED: March 18, 1987 ATTEST: City Clerk APPROVED AS TO FORM: VINCENT F. BIONDO, City Attorney _ By CITY OF CARLSBAD MARTIN Community Development Director APPROVED AS T0 FORM: . BIONDO, JR., CPR ATTORNEY I <*a£ S RONALD R. BALL STATE OF CALIFORNIA ) "1582 ) ss. COUNTY OF SAN DIEGO ) , before me the undersigned, a L State, personnally appeared Aletha L. known to me to be the City ClerkCorporation of the State of California, J J-T-- ,..,.; < Raucenturauz. -of the City of Carlsbad, a Municipal Corporation or trie ouciuc v^ 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 J KAREN R. KUNDTZ *I ( \££7/ SAN DSEGO COUNTY ^"•^ My Comm. Exp, Sept. 27, 1989 ****************************** I *• e r-Office Correspondencs* TOT CITY CLERK PROM: * DEVELOPMENTAL PROCESSING SUBJECT: PUBLIC FACILITIES RELEASE DATE: 3/18/87 MESSAGE: Please release Public Facilities Fee Agreement, file number 3-4 CT 79-25 DAON CORP 3-94 CT 81-16 DAON CORP ^2-82-50 GPA 64A DAON CORP FEES HAVE BEEN PAID ENCLOSED ARE FOUR CHECKS TOTALLING $36.00 ATTACHED INSTRUCTIONS FROM WESTERN MUTUAL ESCROW TO FORWARD TO SAN DIEGO COUNTY RECORDER. Attachments: r^~ Reply Requested: Signature REPLY: Date: Signature 10/83 175 RECORDING REQUESTED BY *ND WHEN RECORDED MAIL TO: CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, California 92008 ) r-? -loobs; > . /OF/,' ,;/•;• ••-]'\ / n f i * / 1 t~ i !1 \ Ur S f t) ""'--. o.t' t ( ) '58? jm |e Dfi ' ) . . >r. ,n <fl 2'^ Space above this line r-e*_: R'e do1 r d e'Jlg use Document arv/Jrans fer tax: $ No fee Signature of declarant determining tax-firm name City of Carlsbad Parcel No. 223-060-25 & 255-031-07 AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this Istday of June _ , 1 9 82 Daon Corporationby and between (n ame of developer-owner) a Corporation (Corporat ion, par tner sh ip , etc.) , hereinafter referred to as "Developer" whose address is Costa Mesa, CA 92626 3200 Park Center Drive, Suite 1400 (street) 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 Elm Aven 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: _ General Plan Amendment REV 4-2-82 ~ - • . ~~ " . • 178 • i * .'•"'~v"h on s'aid Property, wh i CH,«^deve lopraen t carries the pYtSposed name of and is hereafter referred to as "Development"; and WHEREAS, Developer filed on the 1st day of June 1982 , with the City a request for General Plan Amendment £ 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 4-2-82 177 - NOW, THEREFORE, consideration of the rec. x.als. 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 in1 a«ddition 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 sha11 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 facilities fee in the sum of $1,150 for each mobilehorae 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 • . - , . - ' "•- • 178 ;,*= ,i. "* "' 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- 179 6. ^Aill obligatio hereunder shall terminal in the event the j "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 80 IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: Michael K. R\san Vice , III Senior Vice President-Land_ (Title) CITY OF CARLSBAD, a municipal corporation of the State of California BY City Manager ATTEST: ' ALETHA L. RAUYENKRANZ, City Clerk\ -APPROVED AS TO FJ&1&1: / APPROVED AS 70VINCENT F. BIDN; « -VINCENT F. BIONDO, JR., ^City Attorney STATE OF CALIFORNIA c COUNTY OF Orange— */„'., , '* E June 1. 19R2(Notarial ackn ° 181 _, before me, the undersigned, a Notary Public in ai attached.)^ said State, personally appeared Michael K. Ryan * knowntometyb-eV^A •»«»,. and _ W.A. Cdton, III ~ known to S?to b¥ thJL_of the corporation that executed the within instrument, < and known to me to be the persons who executed the within -h instrument on behalf of the corporation therein named, and ac- g knowledged to me that such corporation executed the within ? instrument pursuant to its by-laws or a resolution of its board of § 6 directors. •3 WITNESS my hand and official seal. REV 4-2-82 £ Signatured Marcia A. Brown Name (Typed or Printed) OFFICIAL SEAL MARCIA A BROWN NOTARY PUBUC - CAUf OftNIA OMN6ECOIWIYMr taam. «pf»w OCT 1. 1985 (This area for official notarial seal) EXHIBIT "A LERAL DESCRIPTION A parcel of land being portions of Lots 4 & 9 of Ranchp Las Encinitas per Map No. 848 on file in the Office of the County Recorder of San Diego County, State of California, bounded as follows: All that land bounded on the West by Road Survey 454 on file in the Office of the County Engineer of San Diego County; bounded on the North by the centerline of Mision Estancia, an 84.00 foot road easement, per Document No. 77-281161 .recorded 7-1.4-77 O.R.; and bounded on the East, Southeast and South by a portion of Parcel 3 of minor Subdivision No. 541 per Document No. 81-213344 recorded 7-7-81 O.R.