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HomeMy WebLinkAboutRP 86-20; JEFFERSON HOUSE II; 87-448091; Public Facilities Fee Agreement/ReleaseRECORDING REQUESTP^Y I'COR TITLE INSURANCE COMPANTtJF CALIFORNIA Recording Requested By and Return To: THE CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, CA 92008 2113 87-44809 1987AUG10 AMfcOO UYERA L. LYLE ( OUNTY RECORDER J RELEASE OF AGREEMENT TO PAY PUBLIC FACILITIES FEES PLEASE TAKE NOTICE that the Agreement For Payment Of Public Facilities Fees between The City of Carlsbad and JEFFERSON HOUSE II required by an Application for RP 86-20 November 17, 1986 ' and recorded on as Document No. 86-527306 is hereby released for the following reason: /§?, 'Fees Paid and Obligation Satisfied /~7 Application Withdrawn I~J' Other DATED: July 20, 1987 ATTEST: :ty Clerk APPROVED AS TO FORM: VINCENT F. BIONDO, JR., Cit"fcttoraey CITY OF CARLSBAD By MARTIN ORENYAK, Community Development Director CORPORATE ACKNOWLEDGMENT State of C, IL County of SS. OFFICIAL SEAL SHEILA B. TARVIN | NOTARY PUBUC-CAUFORNIA * NOTARY BOND FILED IN * SAN DIEGO COUNTY £ Expires March 24. 1989 114 On this the <k P..' NO. 202 before me, the undersigned Notary Public, personally appeared ^Impersonally known to me D proved to me on the basis of satisfactory evidence to be the person(sVwho execute/l the within instrument as DsJatt^C, LexlU ( j£jL^J<- or on behalf of the corporation therein nan-fed, and acknowledged to me that the corporation executed it. WITNESS pny hand and official seal. 7120 122 NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • P.O. Box 4625 • Woodland Hills, CA 91364 Inter-Office Correspondence TST~- FROM: CITY CLERK DEVELOPMENT PROCESSING SUBJECT: PUBLIC FACILITY FEE OFr-tt: DATE: ^//-lU/S/1 V/ui Please process the following PFF(s) for Recording: JEFFERSON HOUSE II CUP 281 85-476709 86-61 " " RP 86-20 86-527306 FEES HAVE BEEN PAID. PLEASE NOTIFY VONCILE CARTER 238-8229 WHEN READY AND SHE WILL ARRANGE TO PICK UP. Att achments : RtPLf: Reply Requested Signature: Date : 10/83 Signature 0 9i - 86 527306 RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: ) ) CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, California ) 92008 ) Space above this line Documentary transfer 1 __ ^"CORDED IN" I1 OFFICIAL P'TORnS 1 lOFSANOirGOCOUNTYTcA.! IS8S NOV 1 ^VE:f?ACOUNTY for Recorder's use ^ ^,. ;ax5^7 fcHrrQO 7 PM 3-- 28 L. LYI F I RECORDER I "^^ /ARF /£/ AR J2- MG / £Y> Signature of declarant determining tax-firm name City of Carlsbad Parcel No. o^^ Q<3~0; 0 5*, 0 AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this /Q^day of October , 19 86 by and between Jefferson House II (name of developer-owner) a partnership , hereinafter referr (Corporation, partnership, etc.) "Developer" whose address is 5620 Friars Road (street) San Diego, California 92110 and^TttE-tTtY 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, 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: a 18,600 square foot office complex REV 4-22-86 92 :; on said Property, which development carries the proposed name of Rick Engi- neering Company and is hereafter referred to as "Development"; and WHEREAS, Developer filed on the /5 ffi day of October 19 86 , with the City a request for Redevelopment Permit 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 C ^ 93 1. Tne 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 9 4 facilities, the City shall consider, but is not obligated to accept the offer. The time for donation and amount of credit against the fee shall be determined by City prior to the issuance of any building or other permits. Such determination, when made, shall become a part of this 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 the fee paid pursuant hereto are required to ensure the consistency of the Development with the City's General Plan. If the fee is not paid as provided herein, the City will not have 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 the Development shall be void. No building or other 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 this agreement in a public facilities fund for the financing of public facilities when the City Council determines the need exists to provide the facilities and sufficient funds from the payment of this 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 the needs of the Development herein described. 6. All obligations hereunder shall terminate in the event the Requests made by Developer are not approved. -4- REV 4-22-86 95 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. 8. This agreement shall 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 or 96 IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER:CITY OF CARLSBAD, a municipal corporation of the State of California Jefferson House II (name; (Titlej BY (TTtle) ATTEST: ALEHTA L. £AUTENKRAH£rC1t/ Cmk APPROVED AS TO FORM: VINCENT F. BIONDO, JR., City Attorney STATE OF CALIFORNIA COUNTY OF SAN DIEGO OFFICIAL SEAT RICK.1 OFAA CLAVIER NOTARY PUBLIC -CALIFORNIA j SA:I DI:GO m-L ' My c:mm. expires o. • • i-->D >ss.97 . day of.October _, in the year i_On this 21st before me, the undersigned, a Notary Public in and for said State, personally appea. Robert C. Ladwig , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument on behalf of the Partnership named therein, and acknow- ledged to me that the Partnership executed it. WITNESS my hand and official seal. ACKNOWLEDGMENT-General or Limiled Partiwship-WOIcotts Form 236CA-Rev 5-82 ©1982WOLCOTTS. INC. Notary Public in and for said State. 0 98 EXHIBIT "A" LEGAL DESCRIPTION Lots 14, 15, 16, 17 and 18 of Schell and Sites Addition to Carlsbad in the City of Carlsbad, in the County of San Diego, State of California, according to Map thereof No. 2145, filed in the Office of the County Recorder of San Diego, February 20, 1929.