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Home My WebLink AboutCUP 88-19; CRC Thirteen; 89-296035; Public Facilities Fee Agreement/Release (2)RECORDING REQUESTED WHEN RECORDED MAIL CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, Californi BY AND ) TO: 1 1 a 92008 Space above this line for Recorder's use Parcel No. 212.062.05 AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 12th day of October , 192 by and between CRC THIRTEEN, with MLssion West Properties as - managing General Partner (Name of Developer-Owner) aCalifornia General Partnership *' hereinafter referred to as "Developer" (Corporation, Partnership, etc.) whose address is 12555 High Bluff Dr. Suite 120, San Diego, CA 92130 (Street) (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. 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: REV 3-l-88 a delicatessen located at 5;50 La Place Ct., Carlsbad, CA on said Property, which development carries the proposed name of Brian and Yonq Kyu Kim (Deli) and is hereinafter referred as "Development"; and WHEREAS, Developer filed on the- 12th day of October , 19EL with the City a request for .a discretionary use permit, for which a public facilities fee must be paid in the amount of $583.00, based on a tenant improvement value of $16,650.00 (900 square feet). 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 and C.ity recognize the correctness of Council Policy No. 17, dated July 28, 1987, 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 to help satisfy the General Plan as implemented by Council Policy No. 17 by payment of a public facilities fee. REV 3-l-88 2 3 . . . 4 I ’ 262 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 3.5% 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 shall pay a fee for conversion of existing building or structures into condominiums in an amount not to exceed 3.5% 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 of use" as used in this agreement, except in reference to mobile home 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 of occupancy for which the development is intended. Developer shall pay the City a public facilities fee in the sum of $1,150 for each mobile home 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. REV 3-l-88 3 I 263 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 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 ient ilities and suffic Council determines the need exists to provide the fat funds from the payment of this and similar public available. facilities fees are 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 service sufficient to accommodate the needs to the Development herein described. REV 3-l-88 4 264 6. All obligations hereunder shall terminate in the event the Requests made by Developers 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 attention of the City Manager, postage prepaid and certified. 7.2 If notice 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 and the City, and references to Developer City herein shall be deemed to be references to and include their respective successors and assigns without spec have term i fit mention of such successors and assigns. If Developer should cease to any interest in the Property, all obligations of Developer hereunder shall nate; provided, however, that any successor of Developer's interest in the -rty shall have first assumed in writing the Developer's obligations i pwe hereunder. 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. REV 3-l-88 5 9 ‘, ;-,.:* . . . 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 CRC THIRTEEN, A CALIFORNIA GENERAL (name) PARTNERSHIP A BY: - ce /emm~v ' (Title) For City Manager ATTEST: ALETHA L. RAUTENKRANZ, City Clerk APPROVED AS TO FORM: VINCENT F. BIONDO, JR. City Attorney f.y*m* (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) REV 3-l-88 6 EXHIBIT "A' LEGAL DESCRIPTION Lot 13 of CARLSBAD TRACT NO. 81-10 Unit 1, in the City of Carlsbad, County of San Diego, State of California, according to the Map thereof No. 10330, filed in the Office of the County Recorder of San Diego County, February 18, 1982. On October 12, 1988 , before me, the undersigned, a Notary Public in and for said State, personally appeared Howard Anderson and Theodore A. Bazdorf , personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as Vice President an-secretary, on behalf of Mission West Properties the corporation therein named, and acknowledged to me that said corporation executed the within instrument pursuant to its by- laws or a resolution of its board of directors, said corporation being known to me to be one of the partners of CRC Thirteer OFFICIAL SEAL JOAN F. HARKINS the partnership that executed the within instrument, and ack- nowledged to me that such corporation executed the same as such partner and that such partnership executed the same. NOTARY PUBLIC CALlFORNlA PRINCIPAL OFFICE IN SAN DIEGO COUNTY My Commwon Exp August 28 1992 (This area for official notarial seal) . REV 3-l-88 7