HomeMy WebLinkAboutSDP 86-03; Commonwealth Companies; 1992-0312168; Public Facilities Fee Agreement/Releasem
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Recording Requested By
and Return To:
CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, CA 92008
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DOCIt 1992-0312168^^
21-nAY-1992 03»13 pn
OFFICIAL RECORDS
SAH OIEGO COUHTY RECORDER'S OFFICE
AHHETTE EVAHS. COUHTY mmk
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RELEASE OF AGREEMENT
TO PAY FEES FOR FACILITIES AND IMPROVEMENTS
AS REQUIRED BY CROWTH MANAGEMENT SYSTEM
PLEASE TAKE NOTICE that the Agreement for Payment of Fees for
Facilities and Improvements as Required by Crowth Management System
between the City of Carlsbad and COMMONWEALTH COMPANIES (87-180)
8.00
required by an Application for SDP-86-3
and recorded on
08/20/87 as Document No. 87-473836 is hereby
released for the following reason:
I I Fees Paid and Obligation Satisfied
[ j Application Withdrawn
Other EXPIRED
DATED: 05/06/92
CITY OF CARLSB^VD
By:
Community DevelcpmenNDirector
.XT I EST
UTENKRANZf ALETHA L.
City Clerk
APPROVED AS TO FORM:
VINCENT F. BIONDO. JR,
Citv .Attornev
KAREN J HIRA' _
DEPUTY cm AriOHNEY
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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO
CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, CA 92008
^^PPQHDED IN
OF 5AH Uir.GO COUNTY. CA.
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Recorder's use.
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CITY OF CARLSBAD
Parcel No. ^1^3-^j,^-y^
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AGREEMENT TO PAY FEES FOR
FACILITIES AND IMPROVEMENTS AS
REQUIRED BY GROWTH MANAGEMENT SYSTEM
This Agreement is made and entered into this 30th day
of ^^^-^ 1987, by and between the City of
Carlsbad, California, a Municipal Corporation of the State of
California, hereinafter referred to as "City" and Th^Commonwealth
Companies, L 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 SE corner of La Costa^"^?Vi^ ^Rj ^?J1SA9 l9^^d^ and
referred to as Rancho La Costa Plaza .
B- On //^^ Developer entered into an
agreement with the City to pay Public Facilities Fees of J*5
y/ IO
A'*%
• 2000
percent of the building permit valuation. A copy of the
agreement is on file with the City Clerk and is incorporated
by this reference.
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 would be precluded
from obtaining building and other development permits by
operation of Section 21.09.030 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 recognizes that Section 21.90.050
establishes a local facilities management 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.
" 2001
Developer agrees to pay those fees.
NOW, THEREFORE, in consideration of these Recitals and
the issuance of building or other development permits by the
City, Developer and City agree as follows:
1. That the foregoing 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
providing 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 law. These fees include, but are not
limited to, public facilities fees, traffic impact fees,
bridge and thoroughfare fees, park fees and the fee imposed
under Section 21.90.050. Payment shall be due thirty (30)
days from the date each fee is established. This agreement
applies to fees adopted on or before July 20, 1988 or
concurrently with the adoption of the appropriate local
facilities management plan, whichever occurs first.
Developer hereby waives any rights 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 agrees to construct, or participate in
financing the construction of, public facilities and
improvements identified in the citywide facilities and
improvements plan or the local facilities management plan to
the extent that those facilities or improvements are
C i/ 2002
allocated to developer's property or project and are not
financed by the fees referenced hereto.
4. Developer agrees to prepare or participate in the
preparation, as determined by the City Council, of the local
facilities management plan for the zone in which development
is located.
5. City agrees to issue building 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
agreement is not made when due, the City may pursue and
remedy, legal or equitable (including those specifically
referred to herein), against the Developer and the
Developer's successors, heirs, assigns and transferees.
Without waiving its rights 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 agreed that if Developer does not pay the
fees specified by this agreement, the City may revoke the
building permit for the project or may deny or revoke a
Certificate of Occupancy for the project or both upon fifteen
(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 damage
V i< 2003
happening or occurring to Developer or any successor or
assign of Developer or to any occupant in Developer's
building for the exercise of any of the remedies provided to
the City pursuant to this agreement, regardless of the nature
of the loss or damage.
9. This agreement and the covenants contained herein
shall be binding upon and enure to the benefit of the
successors, heirs, assigns and transferees of Developer and
shall run with the real property and create an equitable
servitude upon the real property.
10. The prevailing party in any dispute between the
parties shall have the right to recover from the
nonprevailing 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 agreement shall be in
writing and shall be delivered in person or served by
certified main postage prepaid. Delivery of notices to
Developer shall be presumed to have been made on the date of
mailing regardless of receipt by Developer. Notices required
to be given to Developer shall be addressed as follows:
The Commonwealth Companies. Inc.
10198 Telesis Court
San Dieqo, CA 92121
Att: Jack Peek
Notices required to be given to the City shall be addressed
as follows:
Community Development Director
CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, CA 92008
12. This agreement shall be recorded and Developer
5
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shall pay all costs of recording.
IN WITNESS WHEREOF, we have hereunto set our hands and
seals this _^^day of P^i^^yu.jp-' 1987.
DEVELOPER
Jaftk Peek
T3(TLE/ Vice President
CITY OF CARLSBAD, a Municipal
Corporation of the State of
Califomia
By:,
MARTIN ORENY
Commun ity
Director
ve1opment
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
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On the day of
me the undersigned, a Notary
19^/ . before
iblic in and for said State,
personally appeared MARTIN ORENYAK, known to me to be the
Director of Community Development of the City of Carlsbad,
California, 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 and official seal.
APPROVED AS TO FORM:
P ^
U^^P. Vincent F. Biondo, Jr.
City Attorney
* y^SN. OFFICIAL SEAL J
X /C^^ KAREN R. KUNOTZ X
% ^^^^M NOTARY PUBLIC-CALIFORNIA ?
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(NOTARIAL ACKNOWLEDGEMENT OF EXECDTION OF OWNERS MUST BE
ATTACHED.)
CD .>i/- 2005
> SS.
Corporation Acknowledgment
STATE OF CALIFORNIA
COUNTY OF San Diego
On this 30th day of J^IY , in the year 19 S7 ^ before me, the undersigned, a Notary Public in
and for said County and State, personally appeared Jack H. Peek ,
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the
within instrument as Vice President
or on behalf of the corporation therein named, and
acknowledged to me that such corporation executed it.
WITNESS my hand and official seal.
Notary Public in and for said County and State