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HomeMy WebLinkAboutGPA 64A; PAUL SOUTHERS & ASSOC; 90-179986; Public Facilities Fee Agreement/Release1102 9Lt?9986 Recording Requested By and Return To: CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, CA 92008 9GAPa-i» AH $1 RELEASE OF AGREEMENT TO PAY PUBLIC FACILITIES FEES RF6.00 AR2.00 MG1.QO PLEASE TAKE NOTICE that the Agreement For Payment of Public Facilities Fees between the City of Carlsbad and Paul Southers & Assoc. (82-91) required by an Application for GPA-64(A)/SP-185/ZC-264/EIR-82-5 10/22/82 and recorded on , as Document No. 82-325677 is hereby released for the following reason: r J Fees Paid and Obligation Satisfied ( ) Application Withdrawn Hxl Other Superseded by Record # 82-325686 Dated: March 23, 1990 ATTEST: ALETHA L. RAUTENKRANZ ^^f City Clerk APPROVED AS TO FORM CITY OF CARLSBAD By </MAKTIN OREN' Community Development Director ICENT F. BIONDt), JR. City Attorney 1103 STATE OF CALIFORNIA ) ) ss . COUNTY OF SAN DIEGO ) On March 27, 1990 t before me the undersigned, a Notary Public in and for said State, personally 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. IT™. OFFICIAL SEALKAREN R. KUNDTZ NOTARY PUBLIC - CALIFORNIA PRINCIPAL OFFICE IN SAN OIEGO COUNTYMy. Comra Exp. Sept 27,1993 ficial seal. Notary, 1681 RECORDING REQUESTED B?*^AND WHEN RECORDED MAIL TO: CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, California 92008 ) ) ) ) ) /182-S1 ! n- , •~ c;i 22 i I O K C» r? *J' ^ a_Q, ' ' i7 H( Hj | JCj *N I Space above this life* ^or Recorder's use Documentary tranarfe/ tax:.No fee NOFEI Signature of declarant determining tax-firm name City of Carlsbad Parcel No. AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 16,day of byandbetween . Paul Southers & Associates June 19 82 (Name of Developer) Partnership (Corporat ion, partnership, etc.) "Developer" whose address is 92601 Westwood Drive , hereinafter referred to as (Street) . CA 92682 and (City, State, Zip Code) Herbert Johnson. ET.AL. Individuals (Corporation,etc.) (Name of Legal Owne r) , hereinafter re fer "Owner" whose address is 431 So. Nevada Street (Street) Oceanside, CA 92054 (City, State, Zip Code) ^- —" AND the CITY OF CARLSBAD, a municipal corporation of the State of California, A hereinafter referred to as "City", whose address is 1200 Elm Avenue, Carlsbad, California, 92008. •*" RECITALS -""•«. 582 WHEREAS, Owner is the owner of the real propert.y described on Exhibit "A", attached to and made a par.t 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: travel service facilities and office complex on said Property, which development carries the proposed name of Buena Vista Park Plaza ; and is hereinafter referred to as "Development"; and WHEREAS, Developer filed on the 16 ' day of July 19 82 , with the City a request for a General Plan Amendment, Specific Plan, and Zone Change 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 1683 - '">""'' Sw»f 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 th$ recitals and the covenants contained herein, the parties agree as follows: 1. The Developer and Owner shall pay to the City a publicv facilities fee in an amount not to exceed 2% of the building permit valuation of the building or s.tructures 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 terras "other construction permits", "other construction permit" and "entitlement for use" as used in this agreement, except in reference to mobilehome sites or — 1 —REV 4-2-82 ••-.-.' . ^ 1684 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 suites 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 agr.eement is paid. -4- l> v \1 A _ 0 •-. S 9 1685 > " ~ - '•„ .,£ 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 described. 6. All obligations hereunder shall terminate in the event vthe 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 certifi.ed. 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- 4-2-82 1686 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 shal1 terminate; provided, however, that any successor of Developer's interest in the property shall have first assumed in writing the Developer's obligations hereunder. v 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. -6- 4-2-82 ' , • . 1687 IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER BY rf L ' cTITLE I / BY TITLE t LC. ATTEST: ALETHA L. RAUTENKRANZ City Clerk APPROVED AS TO FORM: CITY OF CARLSBAD, a municipal corporation of the State of California VINCENT F. BIONDO, JR., City Attorney WSH-tentschKe, Assistant (Notarial acknowledgement of execution by DEVELOPER and OWNER must be TO ,944 CA^V " ° ifiglTITUr INSURANCE (Individual) Sy AND TRUST STATE OF CALIFORNIA | ATICOB COMPANY -p. 7- SS. COUNTY r>p -g^-yO L->(gtrt^ J ^> j^_ -) tcr ftl before me, the undersigned, a Notary Public in and for said t On_ State, personally appeared_ •i to be the person whose name H to the within instrument and acknowledged that- executed the same. _, known to me subscribed rt£- i WITNESS my hand and official seal. * -« I "''S OFFICIAL SEAL I PAULA BENITAMADSON ! NOTARY PUBLIC -CAUKJRNIA | PRIMCIPAI. OFFICE IN I SAN DIEGO COUNTY | WyCommission£xpiresApfil26,1985 I (This area for official notarial seal) I §3 I Wd g.§ STATE OF CALIFORNIA „ . COUNTY OP San Dle9° On June 16. 1982 ss. before me, the undersigned, a Notary Public in and for said County and State, personally appeared Hubert Q. JohnSOH to be the person._whose name- within instrument and acknowledged • same. hat , known to me .subscribed to the !e_executed the Corinne E. Ventar, Notary Public 168t SAFECO FOR NOTARY SEAL OR STAMP OFFICIAL SEAL CORINNE E. VENTAR S*» Diego County Mr CM**., fa*. &* 27 ,985 3 0> o3•o M O s' 6'.a STATE OF CALIFORNIA COUNTY OF San Diego nn June 11. 1982 ss. before me, the undersigned, a Notary Public in and for said County and State, personally appeared Larry R. Lur.nrp and Kathleen M. Lucore , known to me to be the person-S whose name S subscribed to the within instrjiQent and acknowledged that fcnP.V executed the same. Renee J. SAFECO FOR NOTARY SEAL OR STAMP **+s*s^**'~*f*r*'*^*' OFFICIAL SEAL fe RENEE J. WHITEFORD J1S' Notary Public ; Co J.Principal Office In ^r SAN DIEGO COUNTY i My Commission Expires JM£ a ou STATE OF CALIFORNIA COUNTY said State, personally appeargd (^CH,^i J- ,^X, <fc- J>C~\ ^jff>^ , before me, the undersigned, a Notary Public in and for S known to me to be-_the partners of the partnership that executed the within instrument and acknowledged to me that such partnership executed the same. WITNESS my hand and official seal. Name (Typed or Printed) OKFICIAL SEAL PAULA BENITAMADSON NOIASY PUBLIC-CAUFORNIA PRINCIPAL OFFICE IN SAN DIEGO COUNTY My Commission Expires April 26,1985ww«ii«aiiiiiiHM«m^ (This area for official notarial sea!) 168( EXHIBIT "A" BUENA VISTA PARK PLAZA Legal Description All that certain parcel of land delineated and designated as "96.68 acres" on sheet 1 of 2 of Record of Survey Map No. 5342, filed in the office of the County Recorder of San Diego County, January 26, 1960, being that portion of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof recorded in Book 1, Page 150 of Patents Records of San Diego County.