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HomeMy WebLinkAboutPC 87-422; Mitsui Fudosan USA Inc; 88-398140; Public Facilities Fee Agreement/Release3nd Return To: - CITY OF CAR"'"*^^SAD .1 200 Eim Avenue Carlsbad, CA -92003 0 2359 88 398 HO • .1 prp^y9p^^M.!M.^ ^^wBIZ WIS: 31 AS REQUIRED .BY CROWTH_^lA^jA^2rA^c^.,,^--.^, PLE.ASE TAKE NOTICE that the Agres.Tient for P-V,T,O . - ^ il =-.nt:.i[ ror Payment or Fees fcr Facilities and ln.prove...e.nts as Required by Growth Manage.^e.t Syste.. between the City of Carlsbad and __Mi3ui_PudosanJus^^ required by an Application for PC-87-422 09/08/87 • • _ and recorded on , as Document No. 87-507757 • , ______________ IS nereoy released por the following reason: ' Fees Paid and Obligation Satisfied ( ( Application Withdrawn ^ ^^^^'^-^ Tenant Improvement - Feesjnni^_^^ DATED : July 28, 1988 c y : :vl Af\ r i N 0 R ^N" rr.unity De\'e!ccm L - \ nA L. • R A. u i c N K R A iN Z \ Clzy Cie: APPROVED AS TO FOR.M V.'MCENT R. EiGNOG, J • C'-' A, ::c rr.e V A jV*r • /^o i 'j FORM: VI^^^T F. BIONDO, JR., CILY AUQ&l^ CID Ai ropiEy /5 {^oLae, RONALD R. BALL 0 2360 STATE OF CALIFORNIA ) ) s s . COUNTY OF SAN DIEGO ) ^ On August 4, 1988 , 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. ****************ift************ * y^JSiv OFFIClAi SEAL J * ^^^^ ^- KONDTZ i * NOTARY PUBLIC-CALIFOftNIA J J COUNTY * « My Comm. Exp. Sept. 27. 1989 J ***************4t**]m*:t,i^;$itiitt*4i^;^ RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, California 92008 710 8 7 5 0 7757 RrCORDED { W SEP -8 AH 11- h2 VERA L. LYl r, CCUHl Y BfCUln: -AR MG / . DQetgnentaay trans Lyr^taxr $20.00 Signature of declarant determining tax-firm name City of Carlsbad Parcel No. ck'/^ " ^ AGREEMENT AGREEMENT TO PAY FEES FOR FACILITIES AND IMPROVEMENTS AS REQUIRED BY GROWTH MANAGEMENT SYSTEM This Agreement is made and entered into this ^'o day of AOGiO^T 1987, by and between the City of Carlsbad, California, a Municipal Corporation of the State of California, hereinafter referred to as "City" and M'-fsu/ -(/l>/^^/f a r,wp)/2^'//o^ ^hereinafter referred to as "Developer". RECITALS A. Developer has requested that the City issue building or other development permits pursuant to the provisions of the Carlsbad Municipal Code for a development located at tQl5 ^0(irf? hlo^^L^ in the City of Carlsbad, and referred to as aQr\^r^ Ty^x • B. On "^/tp-^ Developer entered into an agreement with the City to pay Public Facilities fees of 3.5 percent of the building permit valuation. A copy of the agreement is on file with the City Clerk and is incorporated by this reference. 711 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 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 recoqnizes that Section 21.90.050 establishes a local facilities manaqement 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 buildinq or other development permits by the City; Developer and City aqree as follows: -2- 712 1. That the foreqoinq 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 providinq 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, bridqe and thorouqhfare 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 aqreement applies to fees adopted on or before July 20, 1988 or concurrently with the adoption of the appropriate local facilities manaqement plan, whichever occurs first. Developer hereby waives his riqht to challenqe said fees. Developer further waives any riqhts 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 aqrees to construct, or participate in financinq the construction of, public facilities and improvements identified in the citywide facilities and improvements plan or the local facilities manaqement 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 aqrees to prepare or participate in the preparation, as determined by the City Council, of the local facilities manaqement plan for the zone in which development is located. -3- " 713 5. City aqrees to issue buildinq 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 aqreement is not made when due the City may pursue any remedy, leqal or equitable (includinq those specifically referred to herein), aqainst the Developer and the Developer's successors, heirs, assiqns and transferees. Without waivinq its riqhts 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 aqreed that if Developer does not pay the fees specified by this aqreement the City may revoke the buildinq 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 damaqe happeninq or occurinq to Developer or any successor or assiqn of Developer or to any occupant in Developer's buildinq for the exercise of any of the remedies provided to the City purusant to this aqreement, reqardless of the nature of the loss or damaqe. 9. This aqreement and the covenants contained herein shall be bindinq upon and enure to the benefit of the successors, heirs, assiqns and transferees of Developer and shall run with the real property and create an equitable servitude upon the real property. -4- f . 714 10. The prevailinq party in any dispute between the parties shall have the riqht to recover from the nonprevailinq 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 aqreement shall be in writinq and shall be delivered in person or served by certified mail postaqe prepaid. Delivery of notices to Developer shall be presumed to have been made on the date of mailinq reqardless of receipt by Developer. Notices required to be qiven to Developer shall be addressed as follows: Notices required to be qiven to the City shall be addressed as follows: City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Attn: Community Development Director 11. This aqreement shall be recorded and Developer shall pay all costs of recordinq. IN WITNESS WHE^OF, we have hereunto set our hands and seals this^^ day of fy^Uru.^ t 1987. 715 by: CITY OF CARLSBAD A Municipal Corporation of the State of California MARTIN ORENYAIQspommunity Development Director APPROVED AS TO FORM: INCENT F. BIONDO, JR., City Attorney ATTEST ETHA L. RAUTENK AL (SEAL) RANZ, City Clerk STATE OF CALIFORtjlA, COUNTY OF. OFFICIAL SEAL DORRIS A. SAUDER NOTARY PUBLIC • CAUFORNIA SAN DIEGO COUNTY ^^^^ My Comm. Expires May 14, 1990 ACKN0WLE06MENT—Corporation—Wolcotts Form 222—Rev. 19. 17 before me, the(j)ndersigned, a Notary Public in and for said State, personally appeared known to me to be the of thfi >Y\\.V«0^ -^i^c^oOSe-n^/USf^l (l^Wl^ the Corporation that executed the within Instrument, known to me to be the person who executed the within Instrument, on behalf of the Corporation, therein named, and acknowledged to me that such Corporation executed the same. WITNESS my hand and officiaHeal Notary Public in and for said State. •6-