HomeMy WebLinkAboutPC 86-538; WINDSOR PROJECTS INC; 1991-0099819; Public Facilities Fee Agreement/Release93 : 1991"0099'8l19i
07^lAR-1991
RELEASE OF AGREEMENT TO PAY PUBLIC FACILITIES
CORDING REQUESTED BY
AND RETURN TO:
City of Carlsbad
1200 Elm Avenue
Carlsbad. CA 92008
12 = 05
JiOIEGO COUNTY RECORDER'S OFFICE
ANNETTE EUANS, COUNTY RECORDER
RFs 3.00 FEES:
AF' 1.00
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NOTICE IS HEREBY GIVEN that the Agreement Between Owner, Developer and the City of Carlsbad For The
Payment Of Public Facilities Fee entered into September 12, 1983 by and between the City of Carlsbad and
McKellar Development of La Jolla and Genstar Development, Inc. (Broadmoor Homes Division) recorded October 28,
1983 as file no. 83-391118 of the official records of San Diego County, California and the Agreement To Pay Fees
For Facilities And Improvements As Required By Growth Management System entered into on October 30, 1986 by and
between the City of Carlsbad and Windsor Projects, Inc., recorded November 20, 1986 as file no. 86-537017 of
the official records of San Diego County, California, is hereby released as the obligations under said
ayieements have been satisfied as they pertain to that certain real property located in the City of Carlsbad,
County of San Diego, State of California, described as follows:
PARCEL 1:
Lots 104 through 110, 112 through 119 and 124 through 129, of Carlsbad Tract
77-2 Unit No. 4, in the City of Carlsbad, County of San Diego, State of
California, according to Map thereof No. 10054, filed in the Office of the
County Recorder of San Diego County, April 6, 1981.
PARCEL 2:
Lots 130 through 143, of Carlsbad Tract 77-2 Unit No. 5, in the City of
Carlsbad, County of San Diego, State of California, according to Map No.
10088, filed in the Office of the County Recorder of San Diego County, May
12, 1981.
CITY OF CARLSBAD
ATTEST:
KAREN R. KUNDTZ, Assistant City Clerk
Approved as to Form:
Vincent F. Biondo, Jr.
City Attorney
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
) ss.
On /'M before me, the undersigned, a Notary Public in and for said State,
personally appeared VincentxF: Biondo, Jr., personally known to me, or proved to me on the basis of
satisfactory evidence, to be the person whose name is subscribed to the within instrument and acknowledged that
he executed the same.
WITNESS my hand and official seal.
(SEAL)
OFFICIAL SEAL
KAREN a KUNDTZ
NOTARY PUBLIC-CALIFORNIA
PRINCIPAL OFFICE IN
SAN DIEGO COUNTYMy. Comm. Exp. S»pt 27,1993
1044
Recording Requested By
and Return To:
CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, CA 92008
89 13885
1 VFRA L. LYL£ J
| COUNTY RECQROtRJ
RELEASE OF AGREEMENT
RF 4.00
AR 2.G
TO PAY FEES FOR FACILITIES AND IMPROVEMENTS
AS REQUIRED BY GROWTH MANAGEMENT SYSTEM
PLEASE TAKE NOTICE that the Agreement for Payment of Fees for
Facilities and Improvements as Required by Growth Management System
between the City of Carlsbad and Windsor Projects, Inc. (86-51)
required by an Application for PC-86-538
11/20/86
and recorded on
, as Document No. 86-537017 js hereby
released for the following reason:
Fees Paid and Obligation Satisfied
Application Withdrawn
Zone 1 Fees not applicable
DATED:
CITY OF
By: _
BAD
MARTIN ORENYAXJCN>
Community Development Director
ATTEST:
dAALETHA L. RAUTENKRANZ
City Clerk
APPROVED AS TO
VINCENT F. BIONDO, J
City Attorney
By
TQ TORM:
«ONDO, JR,
D R. S'ALL
1045
STATE OF CALIFORNIA )
}
COUNTY OF SAN DIEGO )
s s
On March 17, 1989 , 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.
WITNESS my hand the official seal.
*„*************<"**»****»*****'(
QHICIAL !
KAREN R. KUNDTZ J
NOTARY PUBLIC-CALIFORNIA S
SAN DIEGO COUNTY *
My Cornm Exp. Sept. 27, 1989 *,
******************************
1024 86 V'370I7
RECORDING REQUESTED BY AND )
WHEN RECORDED 'MAIL TO: )
)
CITY OF CARLSBAD )
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Carlsbad, California 92008 )
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Signature of cteclarant detennining
tax-firm name
City of Carlsbad
Parcel No.-34S- & KG 331
AGREEMENT
AGREEMENT TO PAY FEES FOR FACILITIES AND
IMPROVEMENTS AS REQUIRED BY GROWTH MANAGEMENT SYSTEM
This Agreement is made and entered into this 30^ day
1986, by and between the City of Carlsbad,of
California, a Municipal Corporation of the State of California,
hereinafter referred to as "City" and Windsor Projects, Inc.
a California Corporation hereinafter referred to as "Developer".
RECITALS
A. Developer has reauested that the City issue building
or other development permits pursuant to the provisions of the
Carlsbad Municipal Code for a development located at
Monroe & Wickham in the City of Carlsbad, and
referred to as Tract 77-2 Units 4 & 5«
B. On 12/12/83 Developer entered into an
agreement with the City to pay Public Facilities fees of 2.5
percent of the building permit valuation. A copy of the
agreement is on file with the City Clerk and is incorporated by
this reference.
o 103
C. This agreement is entered into pursuant to Section
21.90.030(c) and 21.90.040(5) of the Carlsbad Municipal Code.
Developer acknowledges that the agreement to pay the additional
or increased fees and to otherwise participate in the
construction or financing of construction of public facilities
and improvements as specified in this agreement is voluntary but
that without this agreement developer would be precluded from
obtaining building and other development permits by operation of
Section 21.90.030 of the Carlsbad Municipal Code. Developer has
chosen to obtain building permits under the provision of Section
21.90.030(c) of the Carlsbad Municipal Code and in consideration
of the issuance of building or other development permits,
Developer hereby enters into this agreement and waives any rights
to challenge such fees.
D. Developer recognizes that Section 21.90.050
establishes a local facilities management fee which shall be used
to pay the cost of providing facilities and improvements which
are identified in the citywide facilities and improvements plan
and in the applicable local facilities management plan, but are
not paid from other sources. Developer further recognizes that
certain other fees, such as traffic impact fees, have been or may
be adopted for the area of the City in which the developer's
project is located. Developer agrees to pay those fees.
NOW, THEREFORE, in consideration of these Recitals and
the issuance of building or other development permits by the
City; Developer and City agree as follows:
-2-
( 10Z6
1. That the foregoing recitals are true and correct.
2. That Developer agrees to pay the fees identified by
the City Council as necessary to pay for the cost of providing
the improvements or facilities which are listed in Sections
21.90.090 and 21.90.110 of the Carlsbad Municipal Code and which
are adopted pursuant to Section 21.90.050, or any other provision
of Chapter 21.90 of the Carlsbad Municipal Code, or any other
provision of law. These fees include but are not limited to
public facilities fees, traffic impact fees, bridge and
thoroughfare fees, park fees, and the fee imposed under Section
21.90.050. Payment shall be due 30 days from the date each fee
is established. This agreement applies to fees adopted on or
before July 20, 1988 or concurrently with the adoption of the
appropriate local facilities management plan, whichever occurs
first. Developer hereby waives his right to challenge said fees.
Developer further waives any rights to pay the fees referred to
herein under protest and that any protest shall immediately
subject the project to the provisions of Section 21.90.030(a) of
the Carlsbad Municipal Code.
3. Developer agrees to construct, or participate in
financing the construction of, public facilities and improvements
identified in the citywide facilities and improvements plan or
the local facilities management plan to the extent that those
facilities or improvements are allocated to developer's property
or project and are not financed by the fees referenced hereto.
4. Developer agrees to prepare or participate in the
preparation, as determined by the City Council, of the local
facilities management plan for the zone in which development is
located.
-3-
1027
5. City agrees to issue building and other development
permits pursuant to the provisions of the Carlsbad Municipal Code
Titles 18, 20 and 21 to the extent such permits comply with
applicable provisions of law.
6. In the event that the payment required by this
agreement is not made when due the City may pursue any remedy,
legal or equitable (including those specifically referred to
herein), against the Developer and the Developer's successors,
heirs, assigns and transferees. Without waiving its rights under
this section, City, upon request of Developer, may allow
additional time to pay the fee.
7. In addition to the other remedies available to the
City, it is hereby agreed that if Developer does not pay the fees
specified by this agreement the City may revoke the building
permit for the project or may deny or revoke a Certificate of
Occupancy for the project or both upon 15 days written notice to
Developer of the revocation or denial.
8. The City shall not, nor shall any officer, employee
of the City, be liable or responsible for any loss or damage
happening or occuring to Developer or any successor or assign of
Developer or to any occupant in Developer's building for the
exercise of any of the remedies provided to the City purusant to
this agreement, regardless of the nature of the loss or damage.
9. This agreement and the covenants contained herein
shall be binding upon and enure to the benefit of the successors,
heirs, assigns and transferees of Developer and shall run with
the real property and create an equitable servitude upon the real
property.
-4-
»-( 1028
10. The prevailing party in any dispute between the
parties shall have the right to recover from the nonprevailing
party all costs and attorney's fees expended in the course of
such dispute.
11. Except as otherwise provided herein, all notices
required or provided for under this agreement shall be in writing
and shall be delivered in person or served by certified mail
postage prepaid. Delivery of notices to Developer shall be
presumed to have been made on the date of mailing regardless of
receipt by Developer. Notices required to be given to Developer
shall be addressed as follows:
Windsor Projects, Inc.
27393 Ynez Rd. Suite 251
Rancho California, CA 92390
Notices required to be given to the City shall be addressed as
follows:
City of Carlsbad
1200 Elm Avenue
Carlsbad, CA 92008
Attn: Community Development Director
11. This agreement shall be recorded and Developer
shall pay all costs of recording.
IN WITNESS WHEREOF, we have hereunto set our hands and
seals this-SO^day of pft^ 1986.
DEVELOPER
By: Secretary-Treasurer
-5-
CITY OF CARLSBAD
A Municipal Corporation of
the State of California
by:
APPROVED Ar
VI
BY
**jp
MARTIN OSEtfYAK,
Development Director
_AS TO FORM:
"foNDO, JR-UCITV AT I'ORIMEY
RONALD R. BALL
VINCENT F. BIONDO, JR., City Attorney
ATTEST:
RAIJTEKXRANZ^ C^ty Clerk
(SEAL)
1029
State of California
County of San Diego
ss,
On this 30th day of October, in the
me, a Notary Public, appeared "
ear 1986, before
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person who executed the
within instrument as Secretary-Treasurer or on behalf of the
corporation therein named and acknowedged to me that the
corporation executed it.
OFFICIAL SEAL
MARY CATALDO
NOTARY PUBLIC - CALIFORNIA jf
SAN DIEGO COUNTY
My Comm. Expires July 20, 1988
-1~v<LvasxJ\/>*s^"JvA^S^tviK^"^M\<*K>'
MARY CATALDO