HomeMy WebLinkAboutPC 86-658; MARINA DEVELOPMENT INC; 87-444171; Public Facilities Fee Agreement/Release19H
Recording Requested By
and Return To:
THE CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, CA 92008
IG-S PH12=53
VERAL.LYLE
COUN1Y RECORDS
RELEASE OF AGREEMENT
TO PAY PUBLIC FACILITIES FEES AR2.00
MGl.OO
PLEASE TAKE NOTICE that the Agreement For Payment Of Public
Facilities Fees between The City of Carlsbad and
Marina Development Inc.
required by an Application for PC 86-658
December 30, 1986
' and recorded on
as Document No. 86-617948
is hereby released for the following reason:
^x? Fees Paid and Obligation Satisfied
/~7 Application Withdrawn
/~T Other
DATED: July 22. 1987
ATTEST:
ALgTHA
cy Clerk
APPROVED AS TO FORM:
VINCENT F. BIONDO, JR.,
CITY OF CARLSBAD
By
MXRTIN ORENYAK,
Community Development Director
CORPORATE ACKNOWLEDGMENT
p******»****************************OFFICIAL SEAL *
SHEILA B. TARVIN $
NOTARY PUBLIC-CALIFORNIA
NOTARY BOND FILED !N
SAN DIEGO COUNTY
My C*r»mlsston Expires March 24, 1989
{*******»*****************»*********
On this the <23_ day of
the undersignedNotary Public, personally appeared
r-7 !|119A_L, before me, |,
( MA.»\- , . r_^
,H^personally known to me
D proved to me on the basis of satisfactory evidence
to be the person(s) whoexecuted the within instrument as
cikteujjL. \_JUui* {j&t+Jk" or on behalf of the corporation therein
named, and acknowledged to me that the corporation executed it.
WITNESS crfy hand and ofiieial seal. ^
Si / I / ^
Notary's Signature
NATIONAL NOTARY ASSOCIATION
S383SSSSS3833833W!S«««e<5<=^~~
• 23012 Ventura Blvd. • P.O. Box 4625 • Woodland Hills, CA 91364
7120 122
CITVY CLERK _
ROM:' -DEVELOPMENTAL PROCESSING
UBJECT: PUBLIC FACILITIES RELEASE
OFFU
DATE:
Please release Public Facilities Fee Agreement, file number
j£ftf^6^
;t achment s :Reply Requested Signature:
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• -A ^6e ^w^o — *L
S'ianature:
3/83
RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: )
)
CITY OF CARLSBAD )
1200 Elm Avenue )
Carlsbad, California 92008 )
580
86 617948
t
•mo DEC 30 AH 9: 0
.VERALA.YU: !
Space above this line for Recorder's "use"
Documentary transfer tax: $21.00
RF
AR
Signature of declarant determining
tax-firm name
City of Carlsbad
Parcel No.
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this
by and between
day of
/
, 19
(name of developer-owner)
, hereinafter referred to as
(Corpor/ation, partnersnip, etc.)
"Developer" wnose address is
(street)
(City, state.^ip'code)
and THE CITY OF
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 describe'd 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:
REV 4-22-86
pc-
p 581
"*#***? ^.jS*
on said Property, which development carries the proposed name of
and is hereafter referred to as "Development"; and
WHEREAS, Developer filed on the /£//{ day of
19 ££, , with the City a request for Z?- {Zty/?^^ /??//? t/s>^>
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 22, 1986, 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 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:
-2-
REV 4-22-86
582
1. The Developer shall pay to the City a public facilities fee in an
amount not to exceed 2.5% 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 in addition 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 of existing building or structures into condominiums in
an amount not to exceed 2.5% 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 the
development is intended. Developer shall pay the 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 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
-3-
REV 4-22-86
583
facilities, the City snail consider, but is not obligated to accept tne offer.
Tne time for donation and amount of credit against tne fee snail be determined
by City prior to tne issuance of any building or otner permits. Such
determination, wnen made, shall become a part of tnis 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 tne fee paid pursuant hereto are required to
ensure tne consistency of the Development with the City's General Plan. If the
fee is not paid as provided herein, tne City will not nave 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 tne Development shall be void.
No building or otner 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 tnis agreement in
a public facilities fund for tne financing of public facilities when tne City
Council determines tne need exists to provide the facilities and sufficient
funds from the payment of tnis and similar public facilities fees are
avail able.
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 nereunder shall terminate in the event the Requests
made by Developer are not approved.
-4-
REV 4-22-86
584
7. Any notice from one party to tne otner snail be in writing, and
snail be dated and signed by tne party giving such notice or by a duly
authorized representative of sucn party. Any sucn notice shall not be effective
for any purpose whatsoever unless served in one of tne 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 ensure to the
benefit of, and snail 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
nereunder 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 snail not create a lien or
security interest in the Property. When the obligations of this agreement have
been satisfied, City snail record a release.
-5-
REV 4-22-86
585
IN WITNESS WHEREOF, this agreement is executed in San Diego County,
California as of the date first written above.
DEVELOPER-OWNER:
(name) *
r
Title)
BY
CITY OF CARLSBAD, a municipal
corporation of the
State of California
For F. D. Aleshire,
City Manager
tie)
ATTEST:
APPROVED AS TO FORM:
BY.
^ AS TO FORM:
F. BiONDO, JR., CITY
VINCENT F. BIUNDO, JR.,
City Attorney
RONALD R. BALL
Ol•
fi
STATE OF CALIFORNIA
COUNTY OF San Diego 1986
personally appeared , personally known to me (or proved
to me on the basis of satisfactory evidence) to be the person(s) who
executed the within instrument as Vicp President and 'Secretary or on behalf of the corporation therein named and acknowledged
to me that the corporation executed it.
^^^^P^fcto^^SdcS^SdsSSRebecca Jean Jones
FOR NOTARY SEAL OR STAMP
'•SJWo COUNTY
uftfcKI
536
EXHIBIT "A"
LEGAL DESCRIPTION