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HomeMy WebLinkAboutCT 85-23A; Grove Apartments Investment Co; 86-308954; Public Facilities Fee Agreement/Release. I.<- ’ . 3 935 ' : RfCor!dING REQUESTED BY AND ) . _ WHEN RECORDED NIL TO: > 1 CITY OF CARLSBAD 1.200 Elm Avenue Carlsbad, California 92008 ) Space above tnis line for Ret ~~~~~~ RF &y- 4R t@'-- Mr, Documentary~fe~~ _"_-_ :/, Signature of declarant determining tax-firm name City of Carlsbad / Parcel No. /a2m-/3 AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into tnis 14 day of ,T,,ly , 19 Qt; i by and between Odmark DeveJomt Co. '(Name of Developer) a California CorDoration , hereinafter referred to as (Corporation, partnership, etc.) I'Developer" whose address is 1747 Hancock St., #B, (Street) a General Partnership , hereinafter referred to as (Corporation, etc.) "owner" whose address iS 10738 w. pica Blvd., Suite 3 (Street) Los Anseles, CA 90064 (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 c;f- sslage7)/Cfl32a@J * ‘, . 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, Tne Property lies within the boundaries of City; and WHEREAS, Developer ha!5 contracted with Owner to purchase the Property and proposes a development project as follows: 108 Condominium Units in Three Story Buildings, 12 Units Per Building on said Property, which development carries the proposed name of Hosp Grove Parcel D and is hereinafter referred to as "Development"; and WHEREAS, Developer filed on the 15 day of July 9 k 19 86, With the City a request for a tentat'ive tract map and major .- planned unit Development 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 L . . 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 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 ct 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 . . . . , 938 , ‘. * 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. it 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 . *. -. t’ c ~. . 939 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. 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 whatSOWer 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. it 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 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 . all obligations of Developer any successor of Developer's in writing the Deve loper's should cease to have any interest in the Property, hereunder Shall terminate; provided, however, that interest in the property shall have first aSSUtTIed obligations hereunder. -5- REV 4-22-86 Lm ., 3 940 -. . . . 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 vrriting 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. OLWER: DEVELOPSR: Grove Apartments Investment Co. BY Ted P. Odmark General Partner Grove ApartiiLents Irlvestilltlll'c Co. TITLE President ~--- BY TITLE ' ATTEST: CITY OF CARLSBAD, a municipal corporation of the City Manager City Attorney (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) -6- REV 4-22-86 .’ ..-. ~ I. It’ ;‘%.‘I ,. : \‘-,K ( ‘>’ ..~‘< e. --’ J, ; -y--‘e:;‘.j’:;Jjip ,-.. . ..~ 3 94- * . . c73L?\W OF Jcs Ameles ---2--- i on . said 14, \WL d St&e, before mz, the undersicjned, a %taq Public in and for .?vmm to fiie to be personally appeared Robert E. Getz one of the partners of ,Lpersonally ~xrtnership, H.F.H., LTD. said ,partnership king known to rz to be one of the partners of ---' a 4kn~7p Ammts Tnwnt CQ mstrm&nt, and ac~knmledq+d y the partnership that executed the within t??% that &ey executed the same as a ~~-tnes of GT&lEA?&~Pti~llxe3~nt ~w3Dy __--._ ' and that said last ~ZTT& partnership executed . iiI’iXTESS my I-znd znd official seal. NOTARY - CALIFORNIA LOS MGELES CM!NTY I'k)t.d~Y Public in and for said Ciiunty and State 2 P COUNTY OF ?,‘I “’ 0 On July 11, 1986 STATE OF CALIFORNIA ’ SS. before me, the undersigned, a Notary Public in and for said County and State, personally appeared Fred A. Ebrtman, Jr. l&personally known to me; q proved to me on the basis of satisfactory evidence, to be -of the partners of the partnership that executed the within instrument, and acknowledged to me that such Name (Typed or Printed) Notary Public in and for said County and State F-2436 MAlNE QENERAL PARTNERSHIP OFFlclAL SEAL B. SCHREIBER ROTARY PUBLIC . CALIFORNIA PRINCIPAL OFFICE IN LOS ANGELES COUNTY Mu ~mi&tn Exp. f&r. 17, 1989 FOR NOTARY SEAL OR STAMP ArKoR COMPANY On \- b (4 5; /9PL State, personallyjappeared fi”- 7 * known to me to be the President, and known to me to be - Secretarv of the corooration that executed the within Instrument, known to me to be the persons who executed the within - Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its bylaws or a resolution of its board of directors. WITNESS my hand and &tcial seal. Nade (Tyfied or Printed) ,-. , .~ - .-. -..-*-. . . ‘7 g-G--&? 3 --u.-.- “1-d ALiLA L A”,. OMER NO. 927421-15 _,_ ’ , I ‘I . ! u* 942 4 EXHIBIT ‘A’ The land referred to herein is situated in the State of California, County of San Diego, and is described as follows. Portions of Lots 8, 9, 10, 11, 12, 13, 14, 15 and 16 in Hosp Eucalyptus Forest Company’s Tract No. 1, in the City of Carlsbad, County of San Dlego, State of California, according to Map thereof No. 1136, filed In the Office of the County Recorder of San Diego County, June 8, 1908, described as follows: Commencing at the Southeast corner of said Tract, thence along the East line of said Tract North OO”56’20” East, 2263.66 feet, said point being South OO”56’20” West, 414.74 feet from the West Quarter corner of Section 32, Township 11 South, Range 4 West, San Bernardino Base and Meridian; thence North 89”lS ‘10” West, 46.07 feet to the True Point of Beginning; said point being on a non-tangent curve concave Southeasterly and having a radius of 310.00 feet, a radial line to said point bears North 43”14’53” West; thence Southwesterly along said curve through a central angle of 41”33’00” an arc distance of 224.81 feet; thence leaving said curve North 89”18’10” West 557.72 feet; thence South 61’25’08” West 305.23 feet, thence North lO”19’07” West, 374.05 feet; thence North 79”40’53” East, 272.00 feet; thence North 02”01’30” West, 699.16 feet to a point on a non- tangent curve concave Southwesterly and having a radfus of 761.50 feet, a radial line to said point bears North lO”O6’51” East, thence Southeasterly along said curve through a central angle of 03”23’09” an arc distance of 45.00 feet, thence tangent to said curve South 76”30’00” East, 350.95 feet, thence North 1.00 foot; thence South ?6°30’OO” East, 339.00 feet; thence South 350.00 feet; thence South 06”51’59” East 261.11 feet to the True Point of Beginning. Excepting therefrom that portion described as follows: Commencing at the Northeasterly corner of Carlsbad Tract No. 77-2, Unit No. 2, according to Map thereof No. 9813 filed in the Office of the County Recorder of said San Dlego County, September 26, 1980; thence North l”O1’lO” Eaet, along the Easterly line of said Hosp Eucalyptus Forest Company’s Tract No. 1, 843.48 feet; thence North 89’11’20” West, 46.07 feet to the True Point of Beginning and the beginning of a non-tangent curve, concave Southeasterly and having a radius of 310.00 feet; thence Southerly along said curve through a central angle of 41’32’50” an arc distance of 224.79 feet; thence leaving said curve, North 89’11’20” West, 30.085 feet to the beginning of a non-tangent curve, concave Southeasterly and having a radius of 340.00 feet; thence Northerly along said curve through a central angle of 45”35’15” and arc distance of 270.52 feet; thence leaving said curve South 6’45’09” East, 36.41 feet to the True Point of Beginning.