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HomeMy WebLinkAboutRP 86-21; PERL, LEON AND SONJA; 89-070167; Public Facilities Fee Agreement/Release,.'•'--•««*,D?0f6? •' 1437 Recording Requested By and Return To: CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, CA 92008 ! VEttA LI R ••M'Miw.'jij&m RELEASE OF AGREEMENT TO PAY PUBLIC FACILITIES FEES AR2.00 MG 1.00 PLEASE TAKE NOTICE that the Agreement For Payment Of Public Facilities ees between the City of Carlsbad and Perl, Leon & Sonja (86-66) required by an Application for RP-86-21 , as Document No.86-612372 released for the following reason: |xxx| Fees Paid and Obligation Satisfied | | Application Withdrawn |~~| Other DATED:12/13/88 and recorded on is hereby CITY OF CARLSBAD By ^ MARTIN ORENYAK Community Development Director ATTEST: ALETHA L. RAUTENKRANZ City Clerk APPROVED AS TO FORM: VINCENT F. BIONDO, JR. City Attorney p. BIONDO, JR., CO^Al RONALD R. BALL "^ ••**f STATE OF CALIFORNIA ) '"1438 \ g g COUNTY OF SAN DIEGO ) On January 11, 1989 , 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. -•***************************** * S*J^. OFFICIAL SEAL J £ *C2la KAREN R. KUNDTZ * . * fe?''S?3M NOTARY PUBLIC-CALIFORNIA *, * V^SS/ SAN DIEGO CC"JNTY ** Xteass^ My Comrn Exp. sept. 27, 1989 J ****************************** -£^ * 2368 86 612372 RECORDING REQUESTED WHEN RECORDED MAIL TO: ) r— r __v. i I n^ -Yr•ji'f/r^ '^ j CITY OF CARLSBAD ) 'C^AN^C a;:^R!f;A ! 1200 Elm Avenue . ) .„„„ Carlsbad, California 92008 ) '-J D:C 29 PH !?• 02 1— r|de£:VERA L. ! Yl f5 fh SJ i l-a-.i—i — I ' l " ' '--t.-. tSpace above this line for Recor|de£8SNU1seu:ccRDrR ..T\ ^Documentary transfer Signature of declarant determining tax-firm name City of Carlsbad Parcel No- AGREEMENT BETWEEN D£VELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this d3 day of __/L££__, 19_ .by and between Leon & Sonja Perl (name of developer-owner) a individual (joint tenants) f hereinafter referred to as (Corporation, partnership, etc.) "Developer" whose address 1S 215 North Palm Drive (street) Beverly Hills CA 90210 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, Cal; 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 .fire 2369 ; , on said Property, which development carries the proposed name of ' L & S PROFESSIONAL CENTRE and 1s hereafter referred to as "Development"; and WHEREAS, Developer filed on the J%3 day of 19 %b , with the City a request for A Major Redevelopment Permit for a proposed 2 story office building above parking to be located at the corner of Grand Avenue and Jefferson Street (785 Grand Ave) Carlsbad, 18,000 grooo aq.ft. parking for 69 oaro. 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 1s 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 1t is presently proposed; but the Developer 1s 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 2370 1. The Developer shall pay to the City a public facilities fee in an amount not to exceed 2.B% 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 •it cooperative. The terms "other construction permits", "other construction permit" and "entitlement for use" as used 1n this agreement, except 1n 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 Heu 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 .*•*»,"2371 i 'facilities, tne 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, wnen made, snail become a part of tnis agreement. Sites donated under tnis paragrapn snail not include improvements required pursuant to Titles 18 or 20 of tne Carlsbad Municipal Code. 3. Tnis agreement and tne fee paid pursuant nereto are required to ensure tne consistency of tne Development witn tne City's General Plan. If tne fee is not paid as provided nerein, tne City will not nave tne funds to provide public facilities and services, and tne development will not be consistent witn tne General Plan and any approval or permit for tne Development snail be void. No building or otner construction permit or entitlement for use snail be issued •ie until tne public facilities fee required by tnis agreement is paid. 4. City agrees to deposit tne fees paid pursuant to tnis agreement in a public facilities fund for tne financing of public facilities wnen tne City Council determines tne need exists to provide tne facilities and sufficient funds from tne payment of tnis and similar public facilities fees are available. 5. City agrees to provide upon request reasonable assurances to enable Developer to comply witn any requirements of otner public agencies as evidence of adequate public facilities ami services sufficient to accommodate tne needs of tne Development nerein described. 6. All obligations nereunder snail terminate in tne event tne Requests made by Developer are not approved. -4- REV 4-22-86 2372 7. Any notice from one party to the other snail 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 snail 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. kc 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 Tto*^— 2373 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 MARTIN ORENYAK For F. D. Aleshire, City Manager (Title) ATTEST: ALflHA C: JKlnOIKMHa "City CUffc APPROVED AS TO FORM: APPROVED AS TO FOFW^CENT F. BIONDO, JR., CITY ATTORNEY BY VINCENT F. BIONDO, JR., City Attorney RONALD R. BALL STATE OF CALIFORNIA COUNTY OF -^ OFFICIAL SEALPAUL MCCARTHY NOTARY PUBLIC - CALIFORNIA SAN DIEGO COUNTY My Comm. Expires June 30, 1 987 ACKNOWLEDGMENT-General-Wolcotts Form 233CA-Rev. 5-82 ©1982 WOLCOTTS, INC. (priceclass 8-21 >SS. On this 0 2374 day of in the year before me, the undersigned, a Notary Public in and for said State, personally appearedrsigned, arefvc ., personally known to me_ (or proved to me on the basis of satisfactory evidence) to be the personal whose namej. subscribed to the within instrument, and acknowledged to me that _ihej4 executed it. WITNESS my hand and official/seal Notary Public in and for said-State. 237 •r" EXHIBIT "A" LEGAL DESCRIPTION Lots 17,18,19,20, 21,& 22of Block 49, Carlsbad Townsite, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 535, filed in the Office of the County Recorder, of San Diego County, May 2, 1888.