HomeMy WebLinkAboutGPA/LU 85-08; Grove Apartments Investments and Odmark Dev.; 85-308358; Public Facilities Fee Agreement/Release. 8 ’ 85-30&.$58 ’ - -- 1
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CITY OF CARLSBAD 1200 Elm Avenue 1985 AL'E 26 AM 9: ii I Carlsbad. California 92008
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tax-firm name
City of Carlsbad
Parcel No. /$%/f/a '30, /szt-3o/-L)y
AGREEMENT BETWEEN OWNER, DEVELOPER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this 6 day of August , 19 85
by and between
THE ODMARK DEVELOPMENT COMPANY
(Name of Developer)
a Corporation , hereinafter referred to as
(Corporation, partnership, etc.)
"Developer" whose address is
1747 Hancock Street, Suite B
(Street)
San Diego, Ca. 92101
(CltY, State, Zip Code)
and H.F.H.,LTD and Grove Apartments Investments Co.
(Name of Legal Owner)
a Partnership
(Corporation, etc.)
"Owner" whose address is 10738 West Pica, Suite 3
(Street) Los Angeles, 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 4-2-82
RECITALS
A &g
WHEREAS, 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
WHEREAS, the Property lies within the boundaries of City; and
WHEREAS, Developer has contracted with Owner to purchase the
Property and proposes a development project as follows: a general plan
amendment and Hosp Grove Master Plan amendment to allow professi.onal
office uses for Parcel F.
on said Property, which development carries the proposed name of
Hosts Grove Parcel F
and is hereinafter referred to as "Development"; and
WHEREAS, Developer filed on the 6 day of August ,
19 85, with the City a request for a general plan amendment from -- --
RMH (lo-20 dwelling units/acre)to 0 (professional) and a Master Plan
Amendment to allow professional office uses on Parcel F of the Hosp
Grove Master Plan.
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 availablerconcurrent with
need or such development shall not be approved (said element is on
file with the City Clerk and incorporated by this reference); and
WHEREAS, Developer, Owner and City recognize the correctness of
Council Policy No. 17 dated April 2, 1982, 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
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REV 4-2-82
. *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 p~roposed; 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% 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 and Owner shall pay a fee for conversion of existing
building 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
REV i-2-82 -3-
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 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.
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
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.
REV 4-2-82
. l .d c 862
‘ ~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 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 whatsoever 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 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.
-5-
REV 4-2-82
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; 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 obligations of owner in writing in a form acceptable to
City.
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.
-6-
REV 4-2-82
‘, -.
c . l : . 864 ,
IN WITNESS WHEREOF, this agreement is executed in San Diego
County, California as of the date first written above.
OWNER: DEVELOPER:
Grove ApartmentsnInvestment,Co. THE ODMARK DEVELOPMENT COMPANY
General Partner
Grove Apartments Investment Co.
General P-r
* ATTEST:
.
A ,f -.. m-c-
TITLE
corporation of the
.
APPROVED AS TO
I
.
VINCENT F. BIONDO, JR:, City Attorney
,
. . (Notarial acknowledgement of execution by DEVELOPER AND OWNER must be . attached.)
.
-7-
REV 4-2-82
.
2 P before me,
m ed, a Notary Public in and for said County and State,
a L2-bh2. -2, zG%mJ c4 personally appeared , e-3
; known to me to be them-president, and ___.-
s --, known to me to be
2 Secretary of the corporation that executed the ‘Z e within Instrument, known to me to be the persons who executed the
B within Instrument on behalf of the corporation therein named, and
5 acknowledged to me that such corporation executed the within
V instrument pursuant to its by-laws or a resolution of its board of
4 directors. s * . 7 ?L -il?L&-fi-+ Signature _
Notary Public in and for said County and State
TO 449 CA (5-73)
(Corporation)
FOR NOTARY SEAL OR STAMP
- - - - SEAL N “I . .-.. .- -
WANDA K. QUlN
NOTARV PU5LI.C CAtiFORNlA
PWWPAL OFFICE IN
SAN DIEGO COUN’IY
STATE OF CALIFORNIA
San Dieqo COUNTY OF >
ss.
On August 12, 1985 before me, the undersigned, a Notary Public in and for said
State, personally appeared Wanda K. Quinn -,
known to me to be the ““-----‘----Byes~errr;amt----------------------
known to me to be ---------- Secretarv of the cornoration 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 official seal.
Signature Q -LbA
Perri Lynn davenport
OFFICIAL SEAL
PERRI i.YNN DAVE,NPOl?T
NOTARY PUBLIC - CALIFORNIA
SAN DIEGO COUNTY Mv comm. extires JIJN 6. 196f
Name (Typed or Printed)
(This ama for oWlcial notarial anal)
.
,STATE OF CALIFORNIA
COUNTY OF Los Anqeles
On August 2, 1985 I ks.
before me, the undersigned, a Notary Public in and for said County and
State, personally appeared -Ered 7~ !%W+IJQ~
Xl personally known to me;
Cl proved to me on the basis of satisfactory evidence,
to be clnp
B.SCHREIBER
Name (Typed or Printed)
Notary Public in and for said County and State
..--_____
GFFICIAL SEAL
8. SCHREIBER
NOTARY PUBLIC - CALIFORNIA PRINCIPAL L’;-me IN I
FOR NOTARY SEAL OR STAMP F-2436 MAINE GENERAL PARTNERSHIP
PARTNERSHIP AS PARTNER OF AbUTHER PAFCI'NERSHIP
1 STATE OF CALIFORNIA
'COUNIYOF Los Anqeles 1
on August 2, 1985 before me, the undersigned, a Notary public in and for
said County and State, personally appeared Robert E. Getz ,per=mlly knowntomtobe one of the partners of H.F.H., LTD. , a partnership, said partnership bekg known t0 me to be one of the partners of Grove Aparbxnts Investment Cmpany thepartnershipthatexecutedtheGZZn
mstrument, and acknowledged to me that tiey executed the same as a partner of
Grove Aparbrmts Investment Cmpany I and that said last named partnership executed
the same.
kITNl?SS my hand and official seal.
ut-I-Kmu. DCRL
SCHREIBER
NOT:& P’JBLIC CALIFORNIA
PRINCIPAL ;: Tlcf It4
LOS ANGELES COUh~V
My Com&&n Exp. Mar. 17, 1969
. y/& B. SCHREIBER
votary Public in and for said County and State.
- . . .
LEGAL DESCRITTION APN # 154-140-30 156-301-04
The land referred to herein is situated in the State of
California, County of San Diego, and is described as
follows:
PARCEL 1:
Those portions of Lots 19, 20, 21 and 33 and of Eucalyptus Street in Hosp Eucalyptus Forest Company's Tract No. 1, in the City of Carlsbad, County of San Diego, 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 Lot 20; thence along the Easterly line thereof, North 06°58'OO" East 278.00 feet to the True Point of Beginning; thence South 70'28'24" West 505.81 feet: thence North 89'29'00" west 213.74 feet to a point on a non-tangent 462.52 foot radius curve concave Northwesterly, a radial line of which bears South 49'22'30" East to said point; thence Northeasterly along the arc of
said curve through a central angle of 05'24'55", a distance
of 43.72 feet; thence tangent to said curve, North 35'12'35"
East 449.44 feet to the beginning of a tangent 490.00 foot radius curve concave Southeasterly; thence Northeasterly along the arc of said curve, through a central angle of 37O47'39", a distance of 323.22 feet; thence tangent to said curve North 73°00'14" East 111.94 feet to the beginning of a tangent 20.00 foot radius curve concave Southwesterly;
thence Easterly and Southeasterly along the arc of said curve, through a central angle of 86'40'30", a distance of 30.26 feet to the beginning of a reverse 842.00 foot radius curve concave Northeasterly; thence Southeasterly along the arc of said curve, through a central angle of 24'45'00". a distance of 363.72 feet; thence South 44'55'44" West 161.50 feet to a point which bears North 70'28'24" East from the True Point of Beginning; thence South 70'28'24" West 69.19 feet to the True Point of Beginning.
EXCEPTING therefrom those portions lying Northeasterly of
the Southwesterly line of said Eucalyptus Street.
PARCEL 2;
Those portions of lots 19 and 20 in Hosp Eucalyptus Forest Company's Tract No. 1, in the City of Carlsbad, County of San Diego, 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:
..’ ,‘ I ,
Beginning at the Southeast corner of said Lot 20; thence
along the Southerly line of said Lots 20 and 19, North
89O29'00" West 781.61 feet to a point on a non-tangent 462.52 foot radius curve concave Northwesterly, a radial line of which bears South 29'16'10" East to said point;
thence Northeasterly along the arc of said curve through
a central angle of 20°06'20" a distance of 162.30 feet; thence South 89°29'OO" East 213.74 feet; thence North 7OO28'4" East 505.81 feet to an intersection with the
Easterly line of said Lot 20; thence along said Easterly
line, South 06°58'OO" West 278.00 feet to the Point of Beginning.