HomeMy WebLinkAboutZC 205; HAMAN DEVELOPMENT CO/SEAGATE REALTY; 89-041292; Public Facilities Fee Agreement/Releaser 1443 89 041292
Recording Requested By
and Return To:
- ' -CITY OF CARLSGAD '
1200 Elm Avenue
Carlsbad, CA 92008
04*25
VERA I
t
mMMMf
RELEASE OF AGREEMENT
TO PAY PUBLIC FACILITIES FEES
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AR 2.0Q_
MGLQO
PLEASE TAKE NOTICE that the Agreement For Payment Of Public Facilities
Fees between the City of Carlsbad and Haman Development Company &
Seagate Realty '(81-15) __i
required by an Application for ZC-205/SDP-80-2
, as Document No. 81-234739
and recorded on
. is hereby
released for the following reason:
|^| Fees Paid and Obligation Satisfied
| | Application Withdrawn
l~~l Other
DATED:12/13/88
CITY OF CARLSBAD
HARTifMJRtNYAK
Community Development Di'rector
ATTEST:
x. f<^
ALETHA L. RAUTENKRANZ
Ci cy Clerk
AFFF.CYEO AS TO FOR'!:
— >
/
APPROVED AS TO FORM:
.. i'-;.. i i r. o
• - • / :.'•'•,-)•'•-.-•
RONALD R. BALL
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
1444
On January 11. 1989 , before me the undersigned, a
Notary Public in and for said State, personnally 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 the official seal.
******************************
*********#**#***#**
OFFICIAL SEAL J
KAREN R. KUNDTZ %
NOTARY PUBLIC-CALIFORNIA S
SAN DIEGO COUNTY *
My Comm Exp. Sept. 27, 1989 *.
Notary Eidbli
'—s^
2003
£tr AGREEMENT BETWEEN OWNER, DEVELOPER
Cf3fX-}8 AND' THE CITY OF CARLSBAD FOR THE
.PJVYMENT OF "A PUBLIC FACILITIES .FEE
THIS AGREEMENT is entered into this
/ by and between ' •
day of
(Name of- Developer)
_
(Street)
(City, state, zip code)
and
(Naraa of Legal Owner)
(Street)
_
(Corporation, partnership, etc.)
hereinafter referred to as "Developer" whose address is
3 030
(Corporation, etc.)
hereinafter referred, to as "Owner" whose address is
(City, state, zip code)
AND
the CITY OF CARLSBAD, a municipal corporation of the State of Californiar
hereinafter referred to as "City", whose address is 1200 Elm Avenue,
Carlsbad, California, 32008.
RECITALS
WHERE?kS, Owner is the owner of the. real property described
«
on Exhibit "A", attached to and made .a part of this agreement, and
hereinafter referred to as "Property";, and
• 2004
- WHEREAS, the Property lies within the- boundaries. "of City; and
WHEREAS, Developer has contracted with Owner to purchase the
Property and proposes to construct /\ IP,
on said Property, which development carries the proposed name of
and is
hereinafter referred to as "Development";, and
WHEREAS, Developer filed on the \ ^ day of MAY
19 *V\ f with the City a request for A ZoKfc C
(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 v/ith
need or such development shall not be approved (said element is on
file with the City Cleric and incorporated by this reference) ; and
WHEREAS, Developer, Owner and City recognize the correctness
of Council Policy No. 17, attached to and made a part of this
• • *
agreement, 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 and Owner have 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
2.
2005
.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 the amount of 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 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. 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 and Owner shall pay a fee for
conversion of existing buildings or structures into cpndominiums in an.
*
amount equal to 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 coiimunity apartment or stock cooperative.
2. The Developer and Ovmer may offer to donate a site or sites
. + . .
for public facilities in lieu of all or part of the financial obli-
gation agreed upon in Paragraph 1 above. If Developer and Ovmer offer
3.
200
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 agree-
ment 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 and Owner 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. 7\11 obligations hereunder shall terminate in the event the
Requests made by Developer and Owner are not approved.
4.
C . 2007
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 authorised representative of such party. Any such notice shall
not be effective for any purpose whatsoever unless served in one of the
^following mannets:
• 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
Mail, enclosed in a sealed envelope, addressed to Developer at the
address as may have been designated, postage prepaid and certified.
7.3 If notice is given to Owner by personal delivery
thereof to Owner or by depositing same in the United States Mail,
enclosed in a sealed envelope addressed to Owner at the address
set"forth herein or at such other 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, 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;
5.
2003
provided, however, that'any successor of Developer's interest in the
Property shall have first assumed in writing the Developer's
obligations hereunder. • " .
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 obli-
\.
gations of Owner in writing. . ' .
9. This agreement shall be recorded. 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: . DEVELOPER:
By
Title
By
Title
ATTEST:CITY OF CARLSBAD, a municipal
corporation of the State of California
ALETHA L. F.VJTENKPJ
City Clerk
APPROVED
APPROVED AS TO FOPJ4:f VINCENT
VINCENT F. BIONDO, . JR. ,Vssistant
(Notarial acknowledgement of execution by DEVELOPER and OWNER must
be attached.)
6,
TO 1948 CA (8-74)
(Partnership)
STATE OF CALIFORNIA
COUNTY OF San Diego
I
111KLI
X
IIIt
W
I
ss.2009
TITLE INSURANCE
ANDTRUST
A TKXW COMPANY
on February 27, 1980
before me, the undersigned, a Notary Public in and for said State, personally appeared Bert
to be_one known to me
_of the partners of the partnership
that executed the within instrument, and acknowledged to me
that such partnership executed the same.
WITNESS my hand and official seal.
Signature.L-L-
Carol A. Dodds
ii ii ii mi i mi ii ii 1111 mil ii in t IWITIII ntnn n i ii iiiiiiiiiiiiiiiiiiiiiiiiiiig
OFFICIAL SEAL |
,*\\ CAROL A. DODDS I
NOTARY PUBLIC-CALIFORNIA i
PRINCIPAL OFFICE IN |
SAN DIEGO COUNTY |
My Commission Expires August 19, 1983 i
(This area for official notarial seal)
2010
EXHIBIT "A"
LEGAL DESCRIPTION
That portion of Lot 13 in Block "C" of the Resubdivision of a
portion of ALLES AVOCADO ACRES, in the City of Carlsbad, County
of San Diego, State of California, according to the Map thereof
No. 2027, filed in the Office of the County Recorder of San
Diego County, May 17, 1927, described as follows?
Commencing at the Southeasterly corner of said Lot 13; thence
North 28°39*00" West along the Northeasterly line of said Lot
85.00 feet to the TRUE POINT OF BEGINNING; thence parallel with
the Southeasterly line of said Lot 13 South 61021'00" West 60.00
feet; thence North 28°39'00" West parallel the Northeasterly line
of said Lot 35.00 feet; thence South 61°21'GO" West 64.42 feet;
thence along the Northeasterly line of land described in Deed to
the State of California, recorded December 13, 1966 as Document
No. 193784 of Official Records, North 22°33'G7" West 135.21 feet;
thence North 36°17'20M East 51.15 feet to a point on the Northerly
line of said Lot 13; thence along said Northerly line South
89005'00" East 73.26 feet to the most Northeasterly corner of
said Lot 13; thence South 28°39'00" East 154.96 feet along the
Northeasterly line of said Lot 13 to the TRUE POINT OF BEGINNING.
81-234739
ECORDE RICHEST Q
OFFICIAL RECORDSSAM DiEGO CQUHTY. CA,
YERA L LYLE
NO TO