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HomeMy WebLinkAboutMS 764; Carlsbad Retail Associates; 88-113605; Public Facilities Fee Agreement/Release‘ “9 113605 , 1 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: ; 1 r -- - % r;.; ccf-$r:-i--f) f.‘i i ~~~:~;!f,!_ f if[:i;jfI.f; i fjy S&j ;:;c,{:: ,*.,tj:;: y, ! ix ; CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, California 92008 Space above this line for Recorder’s use -AR + MG /‘~ Signature of declarant determining tax-firm name City of Carlsbad Parcel No. z/s- oSo- &3,64L .AdREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this day of February , 19- by and between CARLSBAD RETAIL ASSOCIATES (Name of developer-owner) a partne sh’ 13 (Corpk-atton, partnership, , hereinafter referred to as etc. ) “Developer” whose address is 1601 Dove St., Suite 242 Newport Beach, (Street) CA. 92660 (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: S Di3~ f6-// (4) REV 7-28-87 z C- 8-1 JvJ ~ qbLt- on, said Property, which development carries the proposed name . 603 of Alga ~1 Camino Shoppins Cents and is hereinafter referred to as “Development”; and WHEREAS, Developer filed on the day of marv , 19 88 , with the City a request for -op. site development plan, Conditional Use Permit and 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 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: -2- REV 7-28-87 . 1 604 4 1. The Developer shall pay to the City a public facilities fee in an . 0 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 for 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 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 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. 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 -3- REV 7-28-87 605 L . . facil time ities, the City shall consider, but is not obligated to accept the offer. The 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 facilitiek 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 Requests made by Developer are not approved. -4- iSI=\ 7--IQ-Q7 606 , . . . 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 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 depokting 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 succeskors 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 7-28-87 607 . . . 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 CARLSBAD RETAIL ASSOCIATES (name) By (See Attached) (Title) BY I (Title) BY Mod MARTIN ORENYAJ$\ For City Manager - ATTEST : ALETHA L. RAUTENKRANZ, Cityj Clerk A~??XXEI> AS TO FQRM: APPROVED AS TO FORMfh VINCENT F. BIONDO, JR., City Attorney (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached. ) -6- REV 7-28-87 , . . CARLSBAD RETAIL ASSOCIATES, a California Joint Venture By: JDCR Limited Partnership, a Wisconsin Limited Partnership By: Johnson Wax Properties, Inc., its sole General Partner By: F. T. Von der Ahe Company, a Sole Proprietorship . 608 CARLSBAD [CRASigPg] 02/04/88 J- 609 STATE OF CALIFORNIA ; ss. COUNTY OF ORANGE 1 AA~k%L/ , 1988, before me, the undersigned, a Notary Pub in and for said State, personally appeared Frederick T. Von der Ahe, personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as a Partner of Carlsbad Retail Associates, a California General Partnership and acknowledged to me that he executed the within instrument pursuant to the Partnership Agreement of Carlsbad Retail Associates. WITNESS my hand and official seal. Notary Public in and for said County and State STATE OF CALIFORNIA ; ss. COUNTY OF ORANGE 1 On , 1988, before me, the undersigned, 'in and for said State, personally appeared Eugene A. Spindler, personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the Vice President of Johnson Wax Properties, Inc., the corporation that executed the within instrument as the sole General Partner of JDCR Limited Partnership, a Wisconsin Limited Partnership, which executed the within document as a partner of Carlsbad Retail Associates, a California General Partnership, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors and pursuant to the partnership agreements of JDCR Limited Partnership and Carlsbad Retail Associates. WITNESS my hand and official seal. e [NotAcknowJ 02/04/88 EXHIBIT “A” LEGAL DESCRIPTION All that portion of the west half of the northeast quarter of Section 26, Township 12 south, Range 4 west, San Bernardino Base and Meridian, in the City of Carlsbad, County of San Diego, State of California according to the official plat thereof, described as follows: Commencing at the northwest corner of the west half of the northeast quarter of said section; thence along the west line of the west half of the northeast quarter of said section, south 0.23'33l' east 1862.74 feet to the northwest corner of the land described in deed to Clause Inc., recorded August 2, 1972 as file/page no. 201337 of official records; thence along'the northerly line of said Claus Inc. land, south 89.15'32" east, 440.43 feet to the true point of beginning; thence continuing south 89.15'32" east 520.00 feet to an intersection with the southwesterly line *of that certain parcel of land described in deed to the county of San Diego, recorded July 10, 1970 as file/page no. 121184 of official records of said county, said southwesterly line being drawn parallel with and distant 45.00 feet southwesterly measured at right angles from the center line of El Camino Real as shown on San Diego County Road Survey no. 1800-l on file in the office of the County Engineer of said county; thence along said southwesterly line, south 7.35'OOft east - deed south 7.35'11" east - 783.40 feet (rec. 783.30 feet) to an intersection with the south line of the west half of the northeast quarter of said section 26; thence leaving said southwesterly line along said south line, north 89.15'32" west 630.00 feet to a point which bears south 0.29'18" west from the true point of beginning; thence north 0.29'18" east 775.15 feet to the true point of beginning. Excepting therefrom an undivided one-half interest in and to the oil and mineral rights in connection with said land provided that this reservation does not include any right of the grantor to make a surface entry for the purpose of exploring for or extracting any oil or.minerals, it being the agreement of parties hereto that grantor shall, in the event, oil or minerals are ever produced or extracted from said land be entitled to one-half of the net proceeds thereof, as reserved by Claudie May Milligan, a widow by deed recorded December 31, 1956 in book 6399, page 434 of official records. .