HomeMy WebLinkAboutMS 561; P & N INVESTMENTS LTD/PINDEL, JOHN JR; 88-421257; Public Facilities Fee Agreement/Release231
Recording Requested By'"--
and Return To:
CITY OF CARLSBAD
1200 Elm Avenue
arlsbad, CA 92008
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VEnA L. LYLE I
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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 P & M Investments, Ltd. &
Pindel, John, Jr. (81-83)
required by an Application for MS-561/CP-193
12/16/81 , as Document No. 81-393634
and recorded on
is hereby
released for the following reason:
IJQSJ Fees Paid and Obligation Satisfied
| | Application Withdrawn
|~~| Other
DATED:6-28-88
^
CITY OF
By
• n MARTIN ORENYAK
''x Community Development Director
ATTEST:
ALETHA L. RAUTENKRANZ
City Clerk
APPROVED AS TO FORM:
AS TO FORM:
VINCENT F.
City Attorney
r;y
By WNALD R. BALL
STATE OF CALIFORNIA )
) ss .
COUNTY OF SAN DIEGO )
-^-232
On , before me the undersigned, a
Notary Public in and for said State, personally appeared Aletha L.
August 17, 1988
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 official seal.
******************************OFFICIAL SEAL *
KAREN R. KUNOTZ J
NOTARY PUBLIC-CALIFORNIA I
SAN DIEGO COUNTY *
* '*83S&' My Comm Exp Sep, 21, 1989 J
******************************
After recording return to:
C1V o? v^lsbitd • 1020
1<>OC Eln Ave,
Carlsbud, i> 92008 AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this 25th aay of November.
19 81 , by and between John p. Pindei , Jr?
P & M Investments, Ltd. 6-79 .
(name of developer-owner)
a partnership ,hereinafter referred to as
(Corporation, partnership, etc.)
"Developer", whose address is 2286 Valley Road '
(street)
^Oceanside, CA . 92054. ____, 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
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:
2 unit duplex to be converted to condominium located at;
67*5 - 6736 Corintia in the City of Carlsbad. ' •
4. MAR 80
<• 1021
* •
on said Property, which development carries the proposed name
of - no name -
and is hereafter referred to as "Development" ; and
WHEREAS, Developer filed on the 30th day of November
19 81 f with the City a request for minor condominium permit
(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 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.
• , • < -, 1022 > • •
4
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.
1023
the development is intended. Developer 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. 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.
1024 '
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.
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.
1025
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,
1026
IN WITNESS WHEREOF, this agreement is executed in San Diego
County, California as of the date first written above.
DEVELOPER-OWNER;
John P. Pindel, Jr.
(Name)
(Title)
By
CITY OF CARLSBAD, a municipal
corporation of the State of California
BY.City Manager
(Title)
ATTEST:
ALETHA L. RAUTENKRANZ, City/-CTerk
APPROVED/iAS TQ FORM:
1 /! / /
I / j- / i ( ,I / ! / ! . \/
By
APPROVED
VINCENT F. B,
VINCENT F, BIONDO, JR..,.
City Attorney
TO 1946 CA (8-74)
(Partnership)
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
November 25, 1981
V SS.
y Attorney
Assistant •
1027
On.
T before me, the undersigned, a Notary Public in and for said State, personally appeared-I John P. Pindel, Jr.
*
I
to be One
.known to me
_of 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.
Signature
JO ANN BECKSTED
TITUE INSURANCE
ANDTRUST
ATKOH COMPANY
(OFFICIAL SEAL)
JO ANN BECKSTED
NOTARY PUBLIC - CALIFORNIA
SAN BERNARDINO COUNTY
My Commission Expires June 28, 1985 I
M* • "«r"'» »>•»'»' <r""<r '•*"*'* '*"i»~^ ^—•»-•> '»
(This area (or official notarial seal)
1028
EXHIBIT "A1
LEGAL DESCRIPTION
Lot 352 of La Costa Meadows, Unit #2, in the County of San Diego,
State of California, according to Map thereof No. 6905, filed in the
Office of the County Recorder of San Diego County, April 21, 1971.
BOOK 1381
RECORDED RiaUHSTOF
JAL BcCOROS
SANDSEGO CCUST/.CA
VERA I. LYLE
RECORDER
NO