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Home My WebLink AboutSDP 84-5; DAVIS DEVELOPMENTS; 89-432615; Public Facilities Fee Agreement/Release08 Recording Requested By and Return To: CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, CA 92008 1995 fttCOftDED IN-OFF1CIA?. R"rOR VERA L. COifHTY fif RELEASE OF AGREEMENT TO PAY PUBLIC FACILITIES FEES 'g.OQ LOCI PLEASE TAKE NOTICE that the Agreement For Payment of Public Facilities Fees between the City of Carlsbad and Davis Developments (84-100 required by an Application for SDP-84-5 and recorded on hereby released for the following reason: £E3 Fees Paid and Obligation Satisfied I ) Application Withdrawn tZ3 Other , as Document No. 84-329949 is Dated: June 23, 1989 CITY OF CARLSBAD By MARTIN ORENYAK Community Development Director ATTEST: ALETHA L. RAUTENKRANZ City Clerk VED AS TO FORM I *ZK» «.. ^2L j a^fte. VINCENT F. BIONDO, JR. City Attorney p , * ' STATE OF CALIFORNIA ) } COUNTY OF SAN DIEGO ) s s 1996 On August 4, 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. ***************************** OFFICIAL SEAL J KAREN R. KUNDTZ $ NOTARY nmUC-CAUFOftNIA J SAN DIEGO COUNTY * My Comm. Exp. Sent. 27. 1989 S**********»*»****»*»»*«»***»*; RECORDING REQUESTED BY WD WHEN RECORDED MAIL TO: CITY OF CARLSBAD^ 1200 Elm Avenue Carlsbad, California 92008 ) 7oo 8Vp329949 ^ / nr c > ii ,'?}^- nc_CO^'nc, 1/ 1 Ur iAN Li£.G^ C'!(irv V- . I > 884 AUG 29 AM 8 ?7\ ™" ** f*n \j* / / Space above this line uc ue- - Documentary transfer tax: $ No fee Signature of declarant determining tax-firm name City of Carlsbad Parcel No.^09 - 040 - 34 AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 19th day of July _ , 1 9 84 Davis Developmentsby and between (name of developer-owner) a partnership hereinafter referred to as (Corporat ion, partnership , etc . ) "Developer" whose address is 2810 Camlno Del Rio South, Suite 201 San Diego, CA 92108 and THE CITY OF WO (City, state, zip code) CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City", whose address ia^fOO Elm Avenue, parlsbad, 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 15.54 Acre Multi-Use Project to consist of: One 2-storv 50.000 sq.ft. Office Building One 1-story 38,000 sq.ft. Limited Commercial Building REV 4-2-82 Seven 1-story 142,300(total) sq.ft. Multi-Tenant Industrial Buildings All to be built at one time. . , • on said Property, whicWdevelopment carries the pJM'posed name of Carlsbad Gateway Center and is hereafter referred to as "Development"; and WHEREAS, Developer filed on the 18th day of 1984 , with the City a request for complete pro.lect approval 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 2, 1982, in 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. * -2- REV 4-2-82 758 NOW, THEREFORE, ^consideration of the reci^ls and the covenants contained herein, the parties agree as follows: 1. The Developer shall pay to the City a public facilities fee in an amount not to exceed 2% 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 o f existing building or structures into condominiums in an amount not to exceed 2% 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 to 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. •• ^— REV 4-2-82 --- 759 2. The Developer may offer to donate a site or sites for public facilities in li"eu 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 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 paym.ent 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. -4- REV & ^-82 ^ •— 760 6. All o.bligationv^hereunder shall terminatewh the event the Requests made by Developer are not approved. 7. Any notice from one party to the other shall be in writing, and shall 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 inure 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 4-2-82 u:Jv>y 763 EXHIBIT "A" LEGAL DESCRIPTION DESCRIPTION All those portions of Parcels 1 and 2, in the City of Carlsbad, County of San Diego, State of California as shown at Page 10060 of Parcel Maps filed in the Office of the County Recorder of San Diego County, May 23, 1980, lying Westerly of the following de- scribed line : Commencing at the Southwesterly corner of said Parcel 1; thence along the Southerly line of said Parcel 1 and the Southerly line of said Parcel 2,North 82*43'12" East, 646.96 feet to the TRUE POINT OF BEGINNING; thence leaving the Southerly line of said Parcel 2 North 07* 16 ' 48 " Wes t, 3 6 1 . 55 feet to a point in the Westerly line of said Parcel 2 which is distant thereon South 12* 35'22" East, 30.54 feet from the most Westerly, Northwest corner of said Parcel 2; thence along said Westerly line North 12*35'22" West, 30.54 feet to the most Westerly, Northwest corner of said Parcel 2; thence along the Easterly line of said Parcel 1, North 12'35'22" West, 594.58 feet to the most Northerly corner of said Parcel 1. EXCEPTING therefrom the interest as granted to the City of Carls- bad by deed recorded May 11, 1982 as File No. 82-139475 being more particularly described as follows: Beginning of the Southwest corner of said Parcel 1; thence along the Southerly boundary of Parcel 1, South 82*43'12" West 36.00 feet; thence leaving said Southerly boundary North 7* 16'48" West 338.37 feet to a tangent 464 foot radius curve, concave Southwesterly; thence Northerly along the arc of said curve through a central angle of 5* 18'34" a distance of 43.00 feet; thence tangent to said curve North 12*35'22" West 7.36 feet; thence North 77*24*38" East 36.00 feet to the Easterly boundary of said Parcel 1; thence along said Easterly boundary South 12*35'22" East 30.54 feet; thence continuing along said Easterly boundary South 7 16'48" East 361.55 feet to said Southeast corner of Parcel 1. ALSO EXCEPTING therefrom all oil, mineral, gas and other hydrocarbon substances below a depth of 500 feet from the surface of said land without the right of surface entry, as reserved by Palomar Vista, Ltd., a limited partnership, in deed recorded September 30, 1977 as File No. 77-401720. --." . C ,,'J^ 761 IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: Davis Developments (Title) BY (Title) CITY OF CARLSBAD, a municipal corporation of the State of California BY ity Manager ATTEST: / . /F'i'jLtotfa ','Citf Cl^rt APPROVED AS TO FORM:APPROVED/^0 NCENTRBiQ i, Assistant VINCENT F. BIONDO, JR., City Attorney (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) -6- REV 4-2-82 PARTNERSHIP ACKNOWLEDGMENT State of County of ^,0'-<£x£^<ng ss. OFFICIAL SEAL & RICHARO L • YOUNG I NO'AKY PUBUC - CAiirOSNIA |: r;i.vi.i;-v. c=r:c£ IN (V Sf,il Dlv'iO COUNTY »'• COM,\\issION c:r;:.;s JULY 2? 1934 ? 7A9 NO. 203 On this thet2^^ day of , before me, the undersigned Notary Public, personally appeared £_ D personally known to me fl-'proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument on behalf of the partnership, and acknowledged to me that the partnership executed it. WITNESS my rxfp^ and official seal. Notary's Signature NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • P.O. Box 4625 • Woodland Hills, CA 91364