HomeMy WebLinkAboutRP 86-19; DUFF, ROBERT ALLEN; 1992-0312141; Public Facilities Fee Agreement/ReleaseRecording Requested By
and Return To:
CITY OF CARLSBAD
1200 Carlsbad Village Drive
Carlsbad, CA 92008
iwC it 1992-0312141
21-HAY-1992 03 = 08 PP1
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
ANNETTE EVANS, COUNTY RECORDER
RELEASE OF AGREEMENTRF'- 4.00 FEES:
TO PAY PUBLIC FACILITIES FJfes 3-°°FT' i.oo
PLEASE TAKE NOTICE that the Agreement for Payment Of Public Facilities Fees
een the City of Carlsbad and DUFF, ROBERT ALLEN (86-77)
required by an Application for RP-86-19
10/24/86
released for the following reason:
D Fees Paid and Obligation Satisfied
D Application Withdrawn
., as Document No. 86-483003
and recorded on
is hereby
Other EXPIRED
DATED; 05/07/92
ATTEST:
By
MARTIN ORENYAK
Community Development Director
ALETHA L. RAUTENKRANZ
City Clerk
APPROVED AS TO FORM:
VINCENT F. BIONDO, JR.
City Attorney
By
^/
BY;/KAREN J. HIRATA V
DEPUTY CITY ATTORNEY
REVISED 9/90 FRM00021
STATIC OF CALIFORNIA )
) ss .
COUNTY OF SAN DIEGO )
792
On , before me the undersigned, a
'fat said State, personally appeared Aletha L.Notary Public in an
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.
KARENRKUNDTZ
NOTAftVMftUC-CAUHlWtt
My. CofnnxExfrS«*27.1933
86 ^83003
'RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO: •
CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, California 92008
1577
1S8S OCT 2k PH 2'- 35
rniiKJ I Y KEUii
Space abo>
Oocumen,
ine for RecorderTs~use
•^ l/T \_ ^^7—9 *^S^
Signature or~declarant determinin
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 tnis
.by and between ^ggggf AUU&A
day of
(name of •s^awpwr-owner)
a M/A
(Corporation, partnership, etc.)
''Developer" whose address is
, hereinafter referred to as
(street)
and THE CITY OF
(City, state, zip code)
CARLSBAD, a municipal corporation of the State of California, hereinafter
referred to as "City", whose address is 1200 Elm Avenue, Carlsbad, California O
/ i t *92008.
WITNESSETH:
WHEREAS, Developer is the owner of the real property described 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
r >„ 1578
on said Property, which dgvaloprtisnt carries the proposed name
3?
and is hereafter referred to as "Development"; and
WHEREAS, .tereteper filed on the ' s^"day of
, with the City a request for A.
VO&M.Q.,
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
:• _ ^ ". 1579
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 2.5X 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
1580
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. Sucn
determination, when made, snail become a part of tnis agreement. Sites donated
under tnis paragraph snail not include improvements required pursuant to Titles
18 or 20 of tne Carlsbad Municipal Code.
3. Tnis agreement and tne fee paid pursuant hereto are required to
ensure the consistency of the Development with the City's General Plan. If tne
fee is not paid as provided herein, the City will not have the funds to provide
public facilities and services, and tne development will not be consistent with
the General Plan and any approval or permit for the Development shall be void.
No building or otner construction permit or entitlement for use shall be issued
.it
until the public facilities fee required by this agreement is paid.
4. City agrees to deposit the fees paid pursuant to this agreement in
a public facilities fund for the financing of public facilities when the City
Council determines the need exists to provide tne facilities and sufficient
funds from the payment of tnis and similar public facilities fees are
available.
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 tne needs
of the Development herein described.
6. All obligations nereunder snail terminate in the event the Requests
made by Developer are not approved.
-4-
REV 4-22-86
1581
7. Any notice from one party to the other shall be in writing, and
snail be dated and signed by the party giving such notice or by a duly
authorized representative of such party. Any such notice shall not be effective
for any purpose whatsoever unless served in one of the 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.
*t
8. This agreement snail be binding upon and shall ensure to the
benefit of, and shall 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
hereunder 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 shall not create a lien or
security interest in the Property. When the obligations of this agreement have
been satisfied, City shall record a release.
-5-
REV 4-22-86
158Z
IN WITNESS WHEREOF, this agreement is executed in San Diego County,
California as of the date first written above.
DEVELOPER-OWNER:
BY
(Title)
BY
CITY OF CARLSBAD, a municipal
corporation of the
State of California
By
MARTIN ORE
For F. D. Aleshire,
City Manager
(Title)
ATTEST:
APPROVED AS TO^EDRIfaMAPPROVED^ASTOTflfel;:B»O
J
.f jf ,..-".' J- ,
yj.->M>j;
VINCENT F. BIONDO, JR.,
City Attorney
TO 1944 CA (8-74)
(Individual)
STATE OF CALIFORNIA
COUNTY OF SfaJ
Hftntfhto. Aesfoton?
1583
ss.
IOn_
TITLE INSURANCE
ANDTRUST
ATICOR COMPANY
State, personally appeared,.
.before me, the undersigned, a Notary Public in and for said
to be the person .whose name
_, known to me
.subscribed
< • L|j to the within instrument and acknowledged that fUL.
executed the same.
IWITNESS my hand and official seal.
Signature.
OFFICIAL SEAL
TOM BEVILACQUA
NOTARY PUBLIC - CALIFORNIA
SAN DIEGO COUNTY
My Cornm. Expires Dec. 22, 1987
(This area for official notarial seal)
1584
EXHIBIT "A"
LEGAL DESCRIPTION
ROBERT ALLAN DUFF, a married man,
as his sole and separate property
The Land referred to in this report is situated in the State of Cali-
fornia, County of San Diego, and is described as follows:
The Southwesterly Half of Lot 40, excepting therefrom the Northwesterly
10,60 feet of the Southwesterly 120.00 feet thereof is Seaside^ Lands, in
the City of Carlsbad, County of San Diego, State of California,According
to Map thereof No. 1722, filed in the Office of the County -Recorder of
San Diego County, July 28, 1921,
SAFECO