HomeMy WebLinkAboutV 331; BARNES, R/KIRIANOFF, P/VAN APELIAN; 90-626011; Public Facilities Fee Agreement/Release1447
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Recording Requested By
and Return To:
CITY OF CARLSBAD
1200 Elm Avenue '
Carlsbad, CA 92008 1 or SAH Ditco cuMtV, CA
oon ?,T,\;2-38
RELEASE OH AGREEMENT {
TO PAY PUBLIC FACILITIES &EES
RF6.00
AR2.00
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PLEASE TAKE NOTICE that the Agreement For Payment of Public Facilities
Fees between the City of Carlsbad and Barnes. R. & Kirianoff. P. R Van Ap^ii
f8l-86l
required by an Application for V-331
12/16/81 , as Document No.
hereby released for the following reason:
[ J Fees Paid and Obligation Satisfied
1 J Application Withdrawn
and recorded on
is
Other is for TanHfm Pa>-uing on|y _ Fees not applicable
Dated: October 25, 1990
CITY OF CAR
By
BAD
MARTIN ORENYAK\\
Community Development Director
ATTEST:
ALETHA L. RAUTENKRANZ
City Clerk
APPROVED AS TO FORM
VINCENT F. BIONDO, JR.
City Attorney
/ KAREN J. HI RATAL/
DEPUTY CITV ATTORNEY
1448
STATE OF CALIFORNIA )
) ss .
COUNTY OF SAN DIEGO )
On , before me the undersigned, a
Notary Public in and for said State, personally appeared Aletha L.
November 5. 1990
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 isaid Municipal Corporation, and acknowledged to me that such City of
Carlsbad, California, executed the same.
WITNESS my hand the official seal.
OFFICIAL SEALKAREN R. KUNDTZ
NOTARY PUBLIC • CALIFORNIA
PRINCIPAL OFFICE IN
SAN OIEGO COUNTY
My. Comm. Exp SepL27,1993
f
After f ecdrcii fig return to :
. Carlsbad ' 1047 "1/JOO Elm Ave. " J.U<i I
Carlsbad, CA 92008
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE-
THIS AGREEMENT is entered into this 2nd day of
19 81 , by and between PETER KIRIANOEF. VAN APELIAN. GREG KTRTANDTTF
AND ROBERT BARNES _ ,
(name of developer-owner)
a _ Part.nprahip _ , hereinafter referred to as
(Corporation, partnership, etc.)
"Developer", whose address is 300 South Beech Blvd., T.P HaM.g. _ /
(street)
California 90631 _ , 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, 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:
Architectural improvements on existing four unit apartment plus proposed con-
struction of three unit apartment .
4-MAR 80
1048
on said Property, which development carries the. proposed name
of
7
WHEREAS, Developer filed on the " day of
and is hereafter referred to as "Development"; and
WH]
4V*19 D \ , with the City a request for parking variance on Lots 69 and 70
(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
x 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 August 29, 1979, 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
2.
,. 1049 ./- •
..--.. • •w.rf'
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 shall pay to the City a public facilities
fee in an amount not to exceed 2% of the building permit valuation
of the buildings 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 develop-
ment 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. A credit toward such fee shall be given for land which has
been dedicated for park purposes or for any fees paid in lieu
thereof pursuant to Chapter 20.44 of the Carlsbad Municipal Code.
Developer shall pay a fee for conversion of existing buildings 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
•3.
1050
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. A credit toward such fee shall be given
for land which has been dedicated for park purposes or for any fees
paid in lieu thereof pursuant to Chapter 20.44 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 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 agree-
ment. 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
4.
•'• 1051 ;
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.
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 by 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
5.
1052
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 on the Property. When the obligations
of this agreement have been satisfied, City shall record a release.
•: 1053
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
(Name)
By
(Tit
By
ATTEST:
ALETH.
APPRO
£fc / /^^ - r\ n*RAUTENKRANZ, City C
VINCENT F. BIONDO,
City Attorney
TO 1944 CA (8-74)
(Individual)
STATE OF CA
COUNTY QF
(Not
be £ I
NIA ss-
, I /Of
City Manager
APPROVEDINCENTF.BION
INSURANCEANDTRUST
AT1COR COMPANY
State, personally appeared
_befpj;e me, the undersigned, a Notary Public in and for said
-^u
2 —
X
1,1
Si to be the perso _whose name.
_, known to me
_suj#cribed
VI
I
to the within instrument and acknowledged that,
executed the same.
WITNESS my hand and official seal.
Signal)
OFFICIAL SEAL
FRANCES TOJONOTARY PUBLIC - CALIFORNIA
LOS ANGERS C/T.'NTY
My cofnrn. espirss MAY 26, 1S84
147CO Cfsrshaw Blvd., Gardens, 6A $0249
(This area for official notarial seal)
STATE OF CALIFORNIA ) c<
COUNTY OF LOS ANGELES) "1055
On December 3rd, 1981, before me, the undersigned, a Notary Public in and for said State
personally appeared T. Gregory Kirianoff, subscribed to the within Instrument and
acknowledged that he executed the same.
WITNESS my hand and offical seal.
OFFICIAL SEAL
SHIRLEY C SEPULVEDA
NOTARY PUBLIC - CALIFORNIA
LOS ANGELES COUNTY
My comtn. expires MAY 31, 1983
Shirley C. SeWlveda V
STATE OF CALIFORNIA
COUNTY OF ORAN.G.E SS.
On B?CEMBElL.-2.,...19.8.1 , before me, the undersigned, a Notary Public in and for said State, personally appeared
...*.*..*..*** * * *..*.*. *..*PE^^
....*-.*..-*..--*...*...*---*..-*---*-.-*-.*--.*---*•-*-.-*-•-*-•*--•*•--—•-—•-*---*--^---'^Z-.known to me to be the person(s) whose name(s)
subscribed to the within Instrument and acknowledged that....!!? executed the same.
WITNESS my hand and official seal.
(Seal)
OFFICIAL SEAL
*& BAREARA j. GRATTAN
•••JOTV-Y f-UEMC-CALIFORNIA
RVWCP.-M. CfFiCE IN
OHAHG-COUNTY
, My Commission Expires June 21, 1985SSBS/tSSSKS "
023200 12-76*25 PS Individual Notarial Acknowledgment
(Notary Public's
STATE OF CALIFORNIA,
COUNTY OF LOS ANGELES
SS.
OFFICIAL SEAL
FRANCES A PFEIFFER
NOTARY PUBLIC - CALIFORNIA
LOS ANGELES COUNTY
My comm. expires JUN 1, 1984
_, 19.
before me, the undersigned, a Notary Public in and for said State, personally appeared
, known to me to be the
.subscribed to the within Instrument,person whose name
and acknowledged to me that he executed the same.
WITNESS mv hand and official seal.
ACKNOWLEDGMENT—General—Wolcotts Form 232—Rev. 3-64 Notary Public in MB for s^ffl State.
C ,, 1056 J*
EXHIBIT "A"
LEGAL DESCRIPTION -
Lots 69 and 70 of Shelter Cove in the City of Carlsbad, County of San Diego,
State of California. According to the map thereof No. 5162 in office of
County Recorder, San Diego County, California. April 23/1963
U 3?3"7
81-393:637
OFFiSlt'-KSCORJ*
PECOROER