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HomeMy WebLinkAboutMS 747; Pacific Center Associates; 87-414726; Public Facilities Fee Agreement/Release- -87 4 \ 4726 . : 8. RECORDING REQUESTED BY AND j O" 546 WHEN RECORDED MAIL TO: I--- !{! [y;;[;y) AL;---- I j:f !‘,\,;;,I :;“:.:;!<w-,!; F:’ 1 1 ‘:I .)/ ;< y;,,; i;i (;,‘:q. ‘f, / ;, . CITY OF CARLSBAD 1 1200 Elm Avenue L 1387 Jill 23 PI! 2: 05 Carlsbad, California 92008 I VE17A 1.. LYL E I Space above this line for Recorder's use Documentary transfer tax*- AR 8-l MG /- Signature .of declarant determining tax-firm name City of Carlsbad Parcel No. 210-lOO-08,‘210-100-09 AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 15th day of May "-2'" , 19 37 by and between Pacific Center Associates C/O Caliber Development , :Inc. A-&n: James R. Bosler (name of developer-owner) a General Partner (Corporation, partnership, etc.) , hereinafter referred to as "Developer" whose address is 702 Palomar Airport Rd.-,%% 250 ;: (street) Carlsbad CA. 920063 * _u and THE CITY OF (City, state, zip code) 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 "Al':, attached hereto and made a part of this agreement, hereinafter l *- referred to as "Property"; and WHEREAS, The Property lies within the boundaries of City; and WHEREAS, Developer proposes a development project as follows: REV 4-22-86 l&s%7 : _ - \ 3 .t’ . I . l on said Property, Which development carries the proposed name of . Carlsbad Pacific Center 5 and is hereafter referred to as "DevelopmentI'; and WHEREAS, Developer filed on the 15 th day of ' May 9 19 87 , with the City a request for Approval of Tentative Parcel Map 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 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 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 p-oposed; 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 Councjl Policy No. 17 by payment of a public facilities fee. ' * NOW, THEREFORE, in consideration of the recitals and tne covenants -.. contained herein, the parties agree as follows: -2- REV 4-22-86 1. The Developer 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 Request. The fee Shall be paid prior to the issuance of building or other construction permits for the development and shall be bajed on the valuation at tnat 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 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 tnis agreement, except in reference to mobilehome sites or projects, Shall not refer t0 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 l c- Paragraph 1 above. If Developer offers to donate a site or sif'es for public -3- REV 4-22-86 . ’ . , /’ ,O" 549 . * facilities, the City Shall consider, but is not obligated to accept the offer. The time for donation an; 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 Council determines the need exists to provide tne 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 Requests made by Developer are not approved. -4- REV 4-22-86 . 0 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 aUthOt-i Zed 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. 8. This agreement snail 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 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. 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. -5- REV 4-22-86 ’ . * 3 , ..* -. . ‘3 - .O" 551 - lb IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: Pacific Center Associates C/O Caliber Development, Inc. CITY OF CARLSBAD, a municipal Corporation Of the State of California. BY City Manager w ral Partner - pb.e&bq ce4f.u lh&Q~urfD~~. BY (Iitle) ATTEST: APPROVED AS TO FORM: -0-a-e Q. f$ize& , @+Q&. W.&&jr. VINCENT F BIONDO, JR., City Attohey (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) - * -6- ‘C REV 4-22-86 STATE OF CALIFORNIA 1 $!f 552 COUNTY OF ORANGE 1 On this 8th day of October in the year 1986, before me, a Notary Public in and for said State, iersonal1.y appeared James R. Bosler,-personally known to me (or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as President on behalf of Caliber Development, Inc., the corporation therein named and acknowledged to me that said corporation executed the within instrument pursuant to its bylaws or a resolution of its board of directors, said corporation being known to me to be one of the partners of Carlsbad Pacific Center One, Ltd., a California limited partnership, the limited partnership that executed the within instrument, said partnership bein 9 of Pacific Center Associates, the the within instrument, and acknow 1 executed the same as such partner executed the same. known to me to be one of the partners general partnership that executed edged to me that such corporation and that such partnerships also WITNESS my hand and off i cial seal. , Notary Public L 1, 3 . . . -. . . ,’ . . b - .O” 553 EXHIBIT "A" LEGAL DESCRIPTION h That portion of Lot "H" of RANCH0 AGUA.HEDIGNDA, in the City of Carlsbad, County of San Diego, State of California, according to Map No. 823, filed in the office of the County Recorder of San Diego County, November 16, 1986, described as follows: Beginning at a point on the "PA" line at Station 39 plus 65 as shown on State Highway right of way Map LO-3773; thence leaving said "PA" line, South 11 52'34" West 68.00 feet along the "AE" line as shown as said State Highway right of way Map LO-3773; thence leaving said "AE" line, South 78 07' 26" East 73.03 feet to an angle point in the Southerly and Easterly boundary of Parcel 2 of the land described in Deed to the State of California, recorded June 18, 1965 as File No. 1087 56 of Official Records, said angle point formed by the courses "North 84 .28' 34" West 304.41 feet" end "South 11 19' 09" West 228.86 feet" in said Deed to the State of California; thence along said course, South 11 19' 09"West 228.86 feet" in said Deed to the State of California; thence along said course, South 11 19’ 09" West to the Southerly terminus thereof; thence continuing along said boundary South 5 36' 29" East 114.01 feet; and South 19 06'15' East 186.45 feet to the North line of that parcel of land described in Deed to P.A. Horton, et ux, recorded March 10, 1944, as File No. 17399 of Official Reoords; thence along said North line South 89 26'41" East to an angle point in the boundary of said State of California land; thence along said boundary as follows: North 34 17'48" West 189.43 feet; North 46 18'10" West 319.53 feet; North 62 06'32" West 247.03 feet; and North 84 28'34" West, 109.41 feet to the TRUE POINT OF BEGINNING.