Loading...
HomeMy WebLinkAboutMS 764; Carlsbad Retail Associates/Frandsen, W. & W.; 88-113604; Public Facilities Fee Agreement/Release593 .,38 t1360~ l I RECORDING REQUESTED BY AND ) WHEN RECORDED M.AlL TO: r i'qF-C[]G[;F‘t, ;q---. fy-F‘Q-"'.*! r',':."'],' " f Qjz sz& ~]~~~j‘~.~;~:t : .; ;ir: f CITY OF CARLSBAD 1200 Elm Avenue pla p*a \ f ._...T i:ii;i J f;{ 2: $‘g Carlsbad, California 92008 i ‘JEFQ$ f.,, LX:‘: ; I f$:;f<j .f pi- .:;j;y-; -/ , - RF - /;/‘y, Space above this line for Recorder’s use AR g’--. .Y ., MG /-, Signature of declarant determining tax-firm name City of Carlsbad Parcel No. Z/xi CO d 6/ ACREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this day of mruarv , 1988 by and between CARLSBAD RETAIL ASSOCIATES (Name of Developer) a Partnership , hereinafter referred to as (Corporation, partnership, etc.) “Developer” whose address is 1601 Dove St., Suite 242 (Street) - -- Newport Beach, Ca. 92660 (City, State, Zip Code) and Walter J. Frandsen and Wanda L. Frandsen (Name of Legal Owner) as joint tenants (Individual, Corporation, etc.) , hereinafter referred to as “Owner” whose address is 500 Camino de Orchida (Street) Encinitas, CA 92024 (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. ~Dif-fgf~ iA/ REV 7-28-873&c -[-,-/ f15 yL cf * I - , - . -4 tr RECITALS WHEREAS, Owner is the owner of the real property described on Exhibit “A’~. *, attached to 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 has contracted with Owner to purchase the Property and proposes a development project as follows: A 150,000 saUare foot shopping center with a Post Office and Library. on said Property, which development carries the proposed name of and is hereinafter referred to as “Development”; and WHEREAS, Developer filed on the day of February I 19 88 , with the City a request for a zone change, 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, Owner 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 -2- REV 7-28-87 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 proposed; 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 convenants 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 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 and Owner 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 ffentitlement 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. -3- REV 7-28-87 I‘ I . , * . Developer and Owner 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 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 offer 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 Council determines the need exists to provide the facilities and sufficient funds from the payment of this and similar public facilities fees are available. -4- REV 7-28-87 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 whatsoev,er 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 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, Owner and the City, and references to Developer, Owner or City herein shall be deemed to be references 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. -5- REV 7-28-87 : 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 in the Property. When the obligations of this agreement have been satisfied, City shall record a release. IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. OWNER: DEVELOPER: en CART,SJXAD R,ETATT. A,SSnf’TATES (See Attached) BY TITLE (Name) (Signature) BY TITLE ATTEST : CITY OF CARLSBAD, a municipal corporation of the ALETHA L. R RANZ, City Clkrk For City Manager ‘Y’n’,,ED AS TO FORM: 4. .%i6b,F~~b-Y ATTORNEY ,3*%*W. RONALD R. BALL VINCENT F. BIONDO, JR., City Attorney (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) -6- REV 7-28-87 . i CARLSBAD RETAIL ASSOCIATES, a California Joint Venture By: JDCR Limited Partnership, a Wisconsin Limited Partnership By: Johnson Wax Properties, Inc., its sole General Partner Eugene/A. Spindler, Vice President e L su By: F. T. Von der Ahe Company, a Sole Proprietorship CARLSBAD [CRASigPgJ 02/04/88 (INDIVIDUAL) STATE OF CALIFOR IA COUNTY OF /rrsti tb f,Go ss. On &?Alc)-w 3; rq 86 before me, the under- signed, a Notary Public in and for said County and State, personally appeared ruf+bTIR Sr\mES 61ZA-/uo5’?W f wmn Lix$ IQ% t4&+w3 SEAJ , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person 5p whose name 5 subscribed to the within instrument and acknowledged that &~executed the same. WITNESS mv hand and official seal. \ . FOR NOTARY SEAL OR STAMP M- VOORHIES d ..*. - - -. Notary Public-Califomla SAN OlEoO COUNrl NP-1 (Rev. 4/84) i E5 Name (Typed or PrintedJ * t - 647 STATE OF CALIFORNIA ; ss. COUNTY OF ORANGE 1 On , 1988, before me, the undersigned, in and for said State, personally appear 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. Notary Public in and for said County and State STATE OF CALIFORNIA ; ss. COUNTY OF ORANGE 1 On d& y , 1988, before me, the undersigned, a Notary Pub+& 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. Notary Public in and for said County and State [NotAcknow] 02/04/88 /‘y;;;+&& \ OFFICIAL L-v ._ BA!?BARA/ABENDROTH tt. !?I Y NOTARY PUBLIC - CALIFORNIA l.L.. w&&g.6 ORV!GE COU’NTY My c3mm. ergires OCT 28, *-.:-. 1988 “l,r;F--r-. --z-es . . .- 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 Meridian, in the 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 0.03V331t east, 1441.19 feet to the true point of beginning; thence leaving said west line south 89.15@3211 east, 8.90.55 feet to a point in the arc of a 1755.00 foot radius curve, concave southwesterly, a radial line to said point bears north 75.12f09fV east, said point being in 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 concentric with and distant 45.00 feet southwesterly measured radially 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 southeasterly along said southwesterly line along said curve through a central angle of 7.12'51" a distance of 220.97 feet and tangent to said curve south 7.35'00" east (deed equal south 7.35'11" east), 207.74 feet to the northeast corner of land described in deed to Claus Inc., recorded August 2, 1972 recorder's file no. 201337 of official records: thence along the northly line of siad Claus land, north 89.15'32" west 960.38 feet to an intersection with the west line of the west half of the northeast quarter of said section 26; thence along said west line, north 0.03'33" west, 421.55 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 the 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 recorded December 31, 1956 in book 6399, page 434 of official records.