The URL can be used to link to this page

Home My WebLink AboutPC 87-375; Carlsbad Grand General Partnership; 88-348173; Public Facilities Fee Agreement/ReleaseRecording Requeste*^. B y and Return Td^ CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, CA -92008 2363 85:34 8 173 RF4.00 AR 2.00 MG 1.00 ?-86 JUL 19 m B- 2B PLEASE TAKE NOTICE that the Ag.ee.^ent for Payment of Fees for Facilities and l;r,provements as Required by Growth Manageme.nt System between the City of Carlsbad and Carlsbad Grand Partnership (87-178) required by an Application for PC-87-375 and recorded on as Document No. 87-473416 ,-3 hereby released for the following reason: ' Fees Paid and Obiigation Satisfied I I Application Withdrawn H O^he^ ^^^^ ^ Growth Management Fees not applicable f^AlED: June 30. 1988 CITY OF CARLS3AD OR£N Community De AT c:: I : AL-inA L. -RAUTENKRANZ^ Citv Cler APPROVED AS TO FOR.Vl: _ ' A;-i-;'.0\TD AS TO FORM: VINCEN 1 F. B10ND0,vS|l^feNT F. BSONDO, JR., CITY ATrORNEY CtyAUorney ^ ^ *t fCSr—l-<3*1?-Mr ^ RONALD R. BALI c V 2364 STATE OF CALIFORNIA ) ) ss . COUNTY OF SAN DIEGO ) On July 7, 1988 , before me the undersigned, a Notary Public in and for said State, personally appeared Aletha L. Rautenkranz known to me to be the . . ^J^^"^ j P.. i ^^^r.-i ^ 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 behalt of. said Municipal Corporation, and acknowledged to me that such City ot Carlsbad, California, executed the same. WITNESS my hand the official seal. * < OFFICIAL SEAL J * KAREN R. KUNDTZ X * IK?^^ NOTARY PUBLIC-CALIFOftNIA J * >^b^^ SAN DIEGO COUNTY * * ^^^^ My Comm. Exp, Sept. 27, 1989 ^ ***•*****•***•*•****•*•******* c 1329 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, California 92008 O ^73416 Rt CORDED in 1 OFPiCIAL RECORDS Of SAN mtm noinuxcAj 11? m 20 PH 12^ kk VERA L. LYIF I COUKIY RICCPO: P \ ^AR ^ MG / Space above this line for Recorder's use DoGimentary - trans-fec-Jtaxi 115 ._p 0 Signature of declarant determining tax-firm nare City of Carlsbad Parcel No. 203-303-19/20 AGREEMENT AGREEMENT TO PAY FEES FOR FACILITIES AND IMPROVEMENTS AS REQUIRED BY GROWTH MANAGEMENT SYSTEM This Agreement is made and entered into this 2X ^^Y of Apr-i 1 1986^,"^ by and between the City of Carlsbad, California, a Municipal Corporation of the State of California, hereinafter referred to as "City" and Carlsbad Grand General Partner- "ship ^ qf-r^c^r•7^^ p;^T-i-n<:>T-c;hTp 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 in the City of Carlsbad, and 785 Grand Ave referred to as Carlsbad Grand Profe€sional Building. B. On 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. r-v ' 1330 ^ '*<mP 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. 0 1331 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 - 0^ 1332 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 required by this agreement is not made when due, the City may pursue and 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 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 1333 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: P.O. Box 142 Carlsbad, CA . 92008 Notices reauired 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 21st day of ^ril , 198^.7 CAT. NO. NN00637 TO 1955 CA (1-85) 0 1334 (Partnership as a Partner of a Partnership) TICOR TITLE INSURANCE i STATE OF CALIFORNIA COUNTY OF San Diego On April 21, 1987 said State, personally appeared Peter J. longanbach SS. before me, the undersigned, a Notary Public in and for personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as a General Partner of the partners of Carlsbad Grand General Partnership the partnership that executed the within instrument, and acknowledged to me that they executed the same on behalf of Carlsbad Grand. General P;=^T^^-nf:ar•c;h i p a partnership, and that said last named partnership executed the same. WITNESS my hand and official seal. 4:4t * ]|e 4:4:4i * * * * * s|e * if il< * 4: * it * Hi 3it * * * * ii'* * * « 4< * 4 OFFICIAL SEAL SUSAN A. LOONEY NOTARY PUBLIC-CALIFORNIA NOTARY BOND FILED IN SAN DIEGO COUNTY My Commission Expires July 27, 1990 u I aoo i.,M ( I —ao^ (Partnership as a Partner of a Partnership) (This area for official notarial seal) TICOR TITLE INSURANCE ,! < STATE OF CALIFORNIA . COUNTY OF San Diego ss. On April 21, 1987 said State, personally appeared Charles F. before me, the undersigned, a Notary Public in and for RCWe personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instruixient as a General Partner of the partners of Carlsbad Grand~General Partnership , the partnership that executed the within instrument, and acknowledged to me that they executed .the same on behalf of Carlsbad Grand (general Partnership . a partnership, and that said last named partnership executed the same. WITNESS my hand and official seal. OFFICIAL SEAL * SUSAN A. LOONEY X NOTARY PUBLIC-CALIFORNIA % NOTARY BOND FILLD 11-^ * SAN DIEGO COUNTY * My Commission Expires Juiy 27, 1990 (This area for official notarial seal) 0 1335 CITY OF CARLSBAD A Municipal Corporation of the State of California by: ^£1^ MARTIN ORENYAK<j,Oninmun i ty Development Director APPROVED AS TO FORM: VIN(M:NT F. BIONDO. ATTEST: Attorney ALETHA L. RAUTENKRANZ, City C\erk (SEAL) -6-