HomeMy WebLinkAboutSDP 86-13; CARLSBAD BOARD OF REALTORS/GOMBAR, MARK T; 89-070174; Public Facilities Fee Agreement/Release1451
80 17017*
Recording Requested By
and Return To:
- CITY OF CARLSBAD
- 1200 Elm Avenue
Carlsbad, CA 92008
-9 Pff 2:17
I VERA L. LYLE fI .COUHTY
*•*"*»«« i-1 -Timixji*
RELEASE OF AGREEMENT
TO PAY PUBLIC FACILITIES FEES
MG1-00
PLEASE TAKE NOTICE that the Agreement For Payment Of Public Facilities
Fees between the City of Carlsbad and Carlsbad Board of Realtors &
Mark T. Gombar (86-68)
required by an Application for SDP-86-13
/a-\, as Document No. 86-617839
and recorded on
. is hereby
released for the following reason:
Fees Paid and Obligation Satisfied
Application Withdrawn
Other
DATED: '12/13/88
CITY OF CARLSBAD
By
N x MARTIN OREHYAK^
Community Development Director
ATTEST:
^£ALETHA L. RAUTENKR.AN7.
City Clerk
APPROVED AS TO FORM:
VINCENT F. 3IC;!CO, JR.
APPROVED AS TO FORM: '
F. BIONDO, JR., CITY ATTORNEY
RONALD R., SALfc
STATE OF CALIFORNIA )
) ss.
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.
******************************* .^o^. OFFICIAL SEAL
**
* u ^^ ^* ^g37 SAN DiEGO COUNTY *
* ^ass*' My comm. Exp Sept. 27, 1989 J
******************************
441 -S 617839
RECORDING REQUESTED BY M) ) »
WHEN RECORDED MAIL TO: ) I RECORDED IN
) OFFICIAL RfrXQHDF,
CITY OF CARLSBAD ) iOF SAN DIEGO CCMTY.CA.
1200 Elm Avenue ) mot; nrr on AH o onCarlsbad, California 92008 ) u8S DEC 30 AH 8- 20
i i vi r
Space above this line for Recordetl£WY RECORD!^
Documentary transfer tax^-Hy $?E
Signature of declarant determining
tax-firm name
City of Carlsbad
Parcel No. 203-102-35
AGREEMENT BETWEEN OWNER, DEVELOPER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE ,,,-,-
THIS AGREEMENT is entered into this 4th day of December , 19 86
by and between Mark T. Gombar
(Name of Developer)
an individual > hereinafter referred to as
(Corporation, partnership, etc.)
"Developer" Whose address is 2725 Jefferson Avenue, #14
(Street)
Carlsbad, CA. 92008
(City, State, Zip Code)
and Carlsbad Board of Realtors
(Name of Legal Owner)
a California Corporation , hereinafter referred to as
(Corporation, etc.)
"Owner" whose address is 2558 Roosevelt Street(Street)'
Carlsbad, cA. 92008
(City, State, Zip Code)
AND
the CITY OF CARLSBAD, a municipal corporation of the State of California,
hereinafter referred to as "City", whose address is 1200 Elm Avenue, Carlsbad,
California, 92008.
REV 4-22-86
, . • - ^ 442
RECITALS
WHEREAS, Owner is the owner of the real property described on
Exhibit "A":, attached to 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 has contracted with Owner to purchase the Property
and proposes a development project as follows: a 10,800 square footprofessional
office building with 36 parking spaces including one handicapped space.
on said Property, which development carries the proposed name of N/A
and is hereinafter referred to as "Development"; and
WHEREAS, Developer filed on the 4th day of December
19 86 , with the City a request for approval of a site development
plan and variance.
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, Owner and City recognize the correctness of Council
pplicy 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
-2-
REV 4-22-86
WHEREAS, Developer and Owner nave asked the City to find tnat public
facilities and services will be available to meet the future needs of the
Development as it is presently proposed; but the Developer and Owner are aware
that the City cannot and will not be able to make any such findings without
financial assistance to pay for such services and facilities; and therefore,
Developer and Owner propose 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:
1. The Developer and Owner 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 and Owner 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 and Owner
-3-
REV 4-22-86
444
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 and Owner 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 and Owner 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 payment of this and similar public facilities fees are
available.
-4-
REV 4-22-86
445
5. City agrees to provide upon request reasonable assurances to enable
Developer and Owner 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 hereunder shall terminate in 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 ensure to the
benefit of, and snail apply to, the respective successors and assigns of
Developer, Owner and the City, and references to Developer, Owner 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.
-5-
REV 4-22-86
446
At such time as Owner ceases to have any interest in the Property, all
obligations of Owner hereunder shall terminate; provided, however, that if any
successor to the Owner's interest in the Property is a stranger to this
agreement, such successor has first assumed the obligations of owner in writing
in a form acceptable to City.
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.
IN WITNESS WHEREOF, this agreement is executed in San Diego County,
California as of the date first written above.
OWNER:
CARLSBAD BOARD OFAAEALTORS
DEVELOPER:
MARK T. GOMBAR
(Signature) /Mapey Bland, Ji^T, Vice President
TUBES III, Agent
(Name)
** (Signature)
-ATTEST:
TITLE
CITY OF CARLSBAD, a municipal
corporation of the
State of California
ALJiJHA L
APPROVED AS T
MARTIN ORENYAK'
For F. D. Aleshire,
City Manager
AS TO FORM:
. BIONDO, JR., CITY
BY (<L~*. Q
VINCENTF. BIONDO, JR., KONALD R.^ALL
City Attorney
. (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.)
-6-
REV 4-22-86
EXHIBIT "A"448
LEGAL DESCRIPTION
The land referred to herein is situated in the State of California,
County of San Diego, and is described as follows:
That portion of Lot 45 of SEASIDE LANDS, in the City of Carlsbad,
County of San Diego, State of California, according to the Map
thereof No. 1722, filed in the Office of the Recorder of San Diego
County, described as follows:
Beginning at the most Southerly corner of said Lot 45 said point
being on the Northeasterly line of Roosevelt Street (Second Street)
as shown on said Map; thence along said Northeasterly line North
14" TV 00" West 120.00 feet; thence along a line parallel to trie
utheasterl ii- 'of said Lot 45, North 55-27' 00" East, 100.00
feet; thence along a line parallel to said Roosevelt Street South
34*33'00" East, 120.00 feet to the Southeasterly line of said Lot 45
thence along said Southeasterly line of said Lot, South 55 27 00 West,
100.00 feet to the Point of Beginning.
t
wKhiX
I
CAT. NO. NN00737
TO 1945 CA (7-82)
(Corporation)
STATE OF CALIFORNIA
COUNTY OF
447 TITLE INSURANCE
ANDTRUST
ATICOR COMPANY
ss.
said State, personally appeared ' uJ A ytf£ M . & < SC f\O FP-
before me, the undersigned, a Notary Public in and for
personally known to me or proved to me on the basis
of satisfactory evidence to be the person who executed
the within instrument as the
President, and MAtJLC.Y' Bl 'iK/P,
personally known to me or
proved to me on the basis of satisfactory evidence to be
the person who executed the within instrument as the
V»C-C Pgg'PC^r o inn ,0f the Corporation
that executed the within instrument and acknowledged
to me that such corporation executed the within instru-
ment pursuant to its by-laws or a resolution of its
board of directors.
WITNESS my hancftnd official seal.>
*Signature
OFFICIAL SEAL
JEAN P. WHITE
NOTARY PUBLIC - CALIFORNIA
SAN DIEGO COUNTY
My Coaim. Expires Feb. 18, 1989
(This area for official notarial seal)
f£
IO
STATE OF CALIFORNIA
COUNTY OF. San Diego
On this the _. day of _
Notary Public in and for said County and State, personally appeared
, personally known
to me or proved to me on the basis of satisfactory evidence to be the
person whose name subscribed to the within instrument
• an<3 acknowledged that _ executed the j
SAFER
TITLE INSURANCE
Iss.
December ia£!_ before me the undersigned, aHenry w. Tubbs III
Signature of Notary
FOR NOTARY SEAL OR STAMP
SAN DiEGO COU,,,fY ?
My Commission Expires February 1, 1J87 5
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