HomeMy WebLinkAboutGPA 94-02; HSP El Camino North Inc; 1994-0250993; Public Facilities Fee Agreement/Release.
REWORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Drive
Carlsbad, California 92008-l 989
809
c:: # 199~m~~~~99~ 15-APR-1994 c?2=50 PPI
DFFIUCll~ RECORDS SAW DIE@ UHNTY REMRDER’S OFFICE liREI;ORY SnITH t COU#TY REC0r;lDER RF: 9.00 FEES : 23, 00
Fi;: 13.00 : 1.00
Spa.x abo;ra if-is line for Rec&er’s ~-se
Parcel No. 167-090-59 +60+61
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FAClLlTlES FEE
FOR OUTSIDE THE BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 1
THIS AGREEMENT is entered into this a~- day of oh, 19B?
by and between HSP El Camino North, inc.
(name of developer-owner)
a California corporation , hereinafter referred to as “Developer” whose address
(corporation, partnership, etc.)
ic Sandler & Rosen, 1801 Avenue of the Stars, #51O, Los Angeles, CA 90067
(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 Carlsbad Village Drive, Carlsbad, California, 92008
1989.
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 proposed a development project as follows:
50,000 sf. market, 14,000 sf of shops.
Sales area, market = 33,982, Shops = 13,500 sf.
on said Property, which development carries the proposed name of Camino Village
Form Approved
2.y city Counrll :uty 2. 1991
Rcso # 91.l%.i’JH 1
’ and is hereafter referrec .3 as “Development”; and 810
, ‘I
WHEREAS, Developer filed on the day of 4 &ZI~
with the City a request for
A General Plan Amendment RMlO to Neighborhood Commercial
A Zone Change from R-P to General Commercial (C2).
Site Development Plan for a retail center of 64,000 sf. 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 City recognize the correctness of Council Policy No. 17, dated
July 2, 1991, on file with the City Clerk and incorporated by this reference, and that the C*Q’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. -
NOW, THEREFORE, in consideration of the recitals and the covenants contained herein,
the parties agree as follows:
1. The Developer shall pay to the C’ity 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
Form Approved
6-f city Council July 2. 1001
Fisk L, Sl-iS4,KJH 2
.
841
to rrtles 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
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 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 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 be-
come 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. ff the fee is not paid as provided
herein, the City will not have the funds to provide public facilities and se&es, 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
Form Approved
By City Council July 2.1991
Reao # 91-194Kh-l
I
812
I’ be issued until the public facilities fee required by this agreement is paid.
4. C’ity 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 Request made by
Developer is 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 lf 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 lf notice is given to D8V8lOp8r by p8rSOnaf 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 many 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 succ8ssors and assigns of Developer and City, and references to
Developer or City herein shall be deemed to be a reference to and include their respective
successors and assigns without specific mention of such successors and assigns. lf Developer
should cease to have any interest in the Property, all obligations of Developer hereunder shall
Form Approved
By city Council Juty 2,199l
Iho # 91-194WH 4
813
1 terminate; providbd, however, that any successor to 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 in
the Property, When the obligations of this agreement have been satisfied, City shall record a
release.
. . .
Form Approved
By City Council July 2. 1991
Re80 x 91-194/KlH 5
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
HSPELCAMINONORTH, INC., corporation of the
a California corporation State of California
William F. Tisch, Vice President
(title)
ATTEST:
ALETHA L RAUTENKRANZ, City Clerk
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney .
fi /L /
’ Deputy City AttomkJ
for City Manager -
(Notarial acknowledgement of execution of DEVELOPER-OWNER must be attached.)
Form Approvd
& city ‘hmcil Juty 2. 1991
-
State ol CWC/cehN f A
county of & hJ6EL&J }
t0 k the pws0n(s) whosr name(s) iYlin
~ubscribad to the withir\ instrumoH and a-
know&dged to me that tustuttwy l x- the same in his/horltheir ruthorirti
caprclty{ies). and that by hitihorlthoir
signature(s) on m0 instrunwnl ttw mr),
wttwentityupontmNfofwhichthopuson(s)
acmd. 8X0ClJted the butnmmt.
WiiessmyhandandoftW8lwd.
ZAPAcm ClAMED BY SIGNER
0 IM)NIouAus)
6 C0RWRAT-E
mEAtSI fka -tiu=
'n&s1 a P-R(S)
a Am-IN-FACT
a ~RVST~L~~
a SUII)CR~~~G ~R(LSS
a MMWSER~ATW
0 O’TMR:
THIS CERTIFICATE MUST 8E AnACHED TO THE DocUMEt4T OESCRl8ED AT RIGHT:
_ --- - -. ra oI ~~ d hrrmrt PUBLIC FACILITIES FEE AGREEMENT
NwnkrofP~ SEVEN Da al OmJrnmt 3-3/-w Sis) emu Tllatl Mmad -
EXHIBIT ‘A
Legal Description
Parcel A:
Parcels 2 and 4, in the City of Carisbad, County of San Diego, State of
California, as shown on Page 1320 of Parcel Maps, filed in the office
of the County Recorder of San Diego County, March 14,1984.
Parcel B:
Parcel 3, as shown at Page 13206 of Parcels, filed in the Office of the
County Recorder of San Diego County, March 14,1984, together with
that portion of Lot 5 in Section 32, Township 11 South, Range 4 West,
San Bernardino Meridian, according to Official Plat thereof, all being in
the City of Carlsbad, County of San Diego, State of California, more
particularly described as follows:
Beginning at the Northern most corner of Parcel 3 of Parcel Map No.
13206, filed in the Office of the County Recorder of San Diego
County, State of California, said point being the True Point of
Beginning; thence along the boundary line of said Parcel Map No.
13206, South 32 ’ 56’12” West 178.10 feet to a point on the Easterly
boundary line of Parcel 2 of Parcel Map No. 8586, filed in the Office of
the County Recorder of said County; thence along said boundary line,
North 04 ’ 19’29” West 408.23 feet; thence leaving said boundary line,
South 29 ’ 17’40” East 279.33 to a point on the Northeasterly
prolongation of the Northwesterly boundary of said Parcel Map No.
13206: thence along said boundary line, South 32 ’ 56’12” West 16.66
feet to the True Point of Beginning.
This legal is taken from Continental Lawyers title Company Preliminary Report No.: 17260045 filed with this application.
Form Approvd
By city Chmcil Juty 2. 1991
R8M Y 91-19wJH