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HomeMy WebLinkAboutPC 87-369; Pacific Center Assoc; 88-389633; Public Facilities Fee Agreement/ReleaseKecording Requested By and Return l^.i^ CITY OF CAl4,,,5BAD ' .1 200 Elm Avenue Carlsbad, CA -92003 0 0885 RELEASE OF AGREE.MENT "0 PAY FEES FOR FACILITIES AND IMPROVE.MENTS AS REQUIRED .BY CROWTH MANAGEMENT SYSTEM PLE.'XSc TAKE NOTICE that the Agree.ment for Payment of Fees for Facilities and Improve.ments as Required by Growth Manage.ment Syste.m between the City of Carisbad and Pacific Center Associates (87-198) requirad by an Appiication for PC 87-369 09/23/87 and recorded on as Document No. 87-539137 is hereby released por the following reason: I ' I Fees Paid and Obligation Satisfied Aoolication Withdrawn XXli Other Tenant Improvement - Fees not applicable DAicD: July 28, 1988 CITY OF CARLSBAD v ; vl A .•\ 1 i N OR:: N Y A K Ccmmunity DeveiccTien: B 389633 18flUS-9 ffi 8M5 ROVE' •Q FORM: .yjU': TO FORM •N1 F VINCENT F. BiCNDC :v Attc . BIONDO. JR.. crrY ATTORNEY [ cBif v ITECC^TIIR j RONALD R. BAa 0 088V STATE OF CALIFORNIA ) ) ss COUNTY OF SAN DIEGO ) , before me the undersigned, a Notary Public in° and for said State, personally appeared Aletha L. On August 3, 1988 Rautenkranz , known to me to be the Citv Clerk _ o£ the City o£ Carlsbad, a Municipal Corporation of the State of California, known to me to be the person who executed the within instrument on behalt of said Municipal Corporation, and acknowledged to me that such City ot Carlsbad, California, executed the same. WITNESS my hand the official seal. t^*^*************************** t >«S^ OFFICIALSEAL % KAREN R. KUNDTZ X SAN DIEGO COUNTY * My Comm. Exp. Sepl. 27, 1989 J •*********************•***•*•* 8 7 5 39 136 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, CA 92008 i . L, T Space above this line for Recorder's use. Deeumerrtary-trans fer tax: $ No Signature of declarant determining tax-firm name CITY OF CARLSBAD Parcel No. Z^i>'0(^O-Z% AGREEMENT TO PAY FEES FOR FACILITIES AND IMPROVEMENTS AS REQUIRED BY GROWTH MANAGEMENT SYSTEM 10 day This Agreement is made and entered into this of August 1987, by and between the City of Carlsbad, California, a Municipal Corporation of the State of Union Oil Company of California, hereinafter referred to as "City" and a California dba Unocal Corporation hereinafter referred to as "Developer". RECITALS A. Developer has recjuested that the City issue building or other development permits pursuant to the provisions of the Carlsbad Municipal Code for a development SE Corner of Rancho Santa Fe Road located at La Costa Blvd. & in the City of Carlsbad, and referred to as Rancho La Costa Pla.za B. On August 10, 1987 Developer entered into an agreement with the City to pay Public Facilities Fees of •U) 129 percent of the building permit valuation. A copy of the agreement is on file with the City Clerk and is incorporated by this reference. C. This agreement is entered into pursuant to Section 21.90.030(c) and 21.90.040(b) 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 would be precluded from obtaining building and other development permits by operation of Section 21.09.030 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. J0f^l\ ^ y 130 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: 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 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 thirty (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 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 C 131 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. 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 recjuired by this agreement is not made when due, the City may pursue and remedy, legal or ecjuitable (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 fifteen (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 occurring 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 pursuant 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. 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 main 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: Pacific Center Associates c/o Caliber Development, Inc. 701 Palomar Airport Road. Suite 250 Carlsbad, CA 92009 Notices recjuired to be given to the City shall be addressed as follows: Community Development Director CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, CA 92008 12. This agreement shall be recorded and Developer 5 u 133 shall pay all costs of recording. IN WITNESS WHEREOF, we have hereunto set our handsi and seals this 2-7 day of AoMuCT 1987. DEVELOPER TIT] ^James R. Bosler, President Caliber Development, Inc. : General Partner CITY OF CARLSBAD, a Municipal Corporation of the State of Califomia MARTIN ORENYAK Community Development Director STATE OF CALIFORNIA ) ss. COUNTY OF SAN DIEGO On the 17^ day of ., 19/^7. before me the undersigned, a Notiary^ Public in and for said State, personally appeared MARTIN ORENYAK, known to me to be the Director of Community Development of the City of Carlsbad, California, 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 and official BY PROVED AS TO FORM: Notary Public :Y AnORNtEV RONALD R. BALL Vincent F. Biondo, City Attorney Jr. OFFICIAL SEAL FIANDEE HARLIB Notary PuWic-Califomla SAN DIEGO COUNTY My Comm. ^>^P-'^'.jf^^, ' (NOTARIAL ACKNOWLEDGEMENT OF EXECUTION OF OWNERS MUST BE ATTACHED.) U 134 STATE OF CALIFORNIA ) ) COUNTY OF SAN DIEGO ) ss. On this^rr^day of CV..>_V , in the year\fiS2.> before me, a Notary Public in and for said St^te, personally appeared James R. Bosler, personally Icnown to me (or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as President on behalf of Caliber Development, Inc., the corporation therein named and aclcnowledged to me that said corporation executed the within Instrument pursuant to Its bylaws or a resolution of its board of directors, said corporation being Icnown to me to be one of the partners of Carlsbad Pacific Center One, Ltd., a California limited partnership, the limited partnership that executed the within Instrument, said partnership being Icnown to me to be one of the partners of Pacific Center Associates, the general partnership that executed the within Instrument, and aclcnowledged to me that such corporation executed the same as such partner and that such partnerships also executed the same. WITNESS my hand and official seal. orriOAtsEAL SHAWJkLMC GINNIS Notary Pubiio^iifomia SAN OiEQO COUNTY My Comm. Exp. July as. 1991 Notary Public^