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HomeMy WebLinkAboutMS 858; Seapoint Professional Center Ltd; 1991-0127323; Public Facilities Fee Agreement/Release. . . . . 'RECORDINC REQUESTED BY AND ) 'y;p-.~&~- f F"y'y ii. WHEN RECORDED MAIL TO: ;,$;I; ijik$& rT','.z !-.-,:"!T'.. -<;;.i:.,.‘c, ,&hi : hL~'-iPi?lL5,' 2 .>I , iL ---r.--;,ri* ;yq;-; q#ETTE E#\& 1 LlJ ! *;;c>LL ""l'i":U y;'f-j@E~ CITY OF CARLSBAD 1 1200 Elm Avenue ) 5;;: , ! ;.. (' i - , :-; **I rt!-j: 2;. (j(j .Y :- ~ :it * i; <j ;, I, it? Carlsbad, California 92008 ) i\‘; I 1 iii iti I. Space above this line for Recorder's use \ \ Parcel No. 214-010-01 AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIFS FEE THIS AGREEMENT is entered into this 21" day of 653~~~~ , 19% by and between sFAmmPRclFEssIoNAL~LTD e (Name of Developer-Owner) a &%.L/#/T&I) $-74@&@( h ereinafter referred to as "Developer" (Corporation, Partnership, etc.) whose address is 535 ENCINITAS BLVD:, SUITE 116, ENCINITAS, CA 92024 (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 Elm Avenue, Carlsbad, California, 92008. WITNESSETH: WHEREAS, Developer is the owner of the real property described on Exhibit I' 1. A 0, 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: REV 3-l-88 /rEQS@ SQ e-03 bfb?-QI-~~ 107,550 SQ. FT. OFFICE BUILDING on said Property, which development carries the proposed name of sEApolTJTEm~sIoNAL~ and is hereinafter referred as "Development"; and WHEREAS, Oeveloper filed on the 2' & day of f533e(/vlsr I m!., with the City a request for 107,550 S.2. FT. OFFICE EUILDING 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 28, 1987, 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 Po'licy No. 17 by payment of a public facilities fee. REV 3-l-88 2 J. . 161 - . . NOW THEREFORE, in consideration of the recitals and the covenants contained herein, the parties agree as follows: 1. The Developer 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 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 Chaptar 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 of 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 of 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. REV 3-l-88 3 162 -5 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 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. 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 service sufficient to accommodate the needs to the Oevelopment herein described. REV 3-l-88 163 - 6. All obligations hereunder shall terminate in the event the Requests made by Developers 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 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 attention of the City Manager, postage prepaid and certified. 7.2 If notice'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 be!n 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 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. REV 3-I-88 5 y- ‘* 164 IN WITNESS WHEREOF, this agreement is executed in San Oiego County, California as of the date first written above. , DEVELOPER-OWNER: (Title) By: (Title) ATTEST: l24mhew ALETHA L. RAUTENKRANZ, City Clebk CITY OF CARLSBAO, a municipal corporation of the State of California By: APPROVED AS TO FORM: VINCENT F. BIONDO, JR. City Attorney (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) REV 3-l-88 . - INDIVlDUAL AS A GENERAL PARTNERSHIP OF A LIMITED PARTNERSHIP STATE OF CALIFORNIA, COUNTY OF SAN DIEGO/ss On February 20, 1991, before me, the undersigned, a notary public in and for said county and state, personally appeared PATRICK N. O'DAY known to me to be the general partner of Seapointe Professional Center LTD, the limited partnership that executed the within instrument and acknowledged to me that he executed the same as the general partner of Seapointe Professional Center LTD, a limited partnership and that said partnership executed the same. Witness My Hand and Official Seal OFFICIAL SEAL JOAN L. BOE NOTARY PUBLIC CALIFORNIA PRINCIPAL OFFICE; Iid SAN DIEGO COUNTY 7 My Commwon Exp. Jan. 15, 1994 165 . Our No. 8502424-86 166 EXHIBIT "A" Lots 1 and 2 in fractional Section 20, Township 12 South, Range 4 West, San Bernardino Base and Meridian, in the City of Carlsbad, in the County of San Diego, State of California, according to the Official Plat thereof. EXCEPTING that portion lying within the exterior boundaries nf La Costa Downs Unit No. 1, according to Map thereof No. 2013, filed in the Office of the County Recorder of San Diego County, April 6, 1927. ALSO EXCEPTING any portion lying North of the Sorrth line of Ranch0 Agua Hedionda, according to Government Survey of said South line approved September 17, 1915, as shown on Map in Case No. 16830 in the Superior Court of said San Diego County. ALSO EXCEPTING that portion lying Easterly of the following described line: BEGINNING at a point in the North line of Lot 1 in said Section 20, Township 12 South, Range 4 West, San Bernardino Base and Meridian, in the County of San Diego, State of California, distant thereon South 89O55'40" East 615.92 feet from the center line of State Highway as shown on Licensed Surveyor's Map No. 339, filed in the Office of the County Recorder of San Diego County; thence Southeasterly in a direct line 1680 feet more or less to the Northwesterly corner of Lot 1 in Block 22, La Costa Downs Unit No. 1. ALSO EXCEPTING those portions lying Westerly of the Easterly lines of the portfons of land described in Deeds to the State of California, recorded on December 31, 1951 in Book 4332, Pages 306 and 310 of Official Records of said County, as File No. 156624 and 156625, both of Official Records. AND ALSO EXCEPTING from said Lot 2 that portion if any, lying South of the North line of the South 60 acres of Lots 1, 2 and 3, Southeast Quarter of Southwest Quarter of Section 20, and Lot 4 and Southwest Quarter of Southwest Quarter of Section 21, Township 12 South, Range 4 West, San Bernardino Base and Meridian, according to the Official Plat thereof. EXCEPTING THEREFROM all minerals in and under the following described land as contained in that certain deed from Waring H. Ellis, recorded in Book 1589, Page 30 of Deeds, viz; All that portion of Lot 1 in Section 20, Township 12 South, Range 4 West, San Bernardino Base and Meridian, in the County of San Diego, State of California, described as follows: BEGINNING at a point where the mean high tide line of the Pacific Ocean intersects the South boundary line of the Ranch0 Agua Hedionda, as said South line was established May 5, 1913 by decree of the Superior Court of San Diego County, in that certain Action No. 16830, entitled Kelly Investment Company, a corporation vs. Clarence Dayton Hillman and Bessie --- Continued On Next Page --- . 167 . . Our No. 8502424-86 Continued : Olive Hillman; thence South 89O53'30' East along said boundary line 909 feet, more or less to intersection with the Southwesterly line of the 200 foot right of way of the Atchison, Topeka and Santa Fe Railway Company - formerly the California Southern Railroad Company; thence South 19O23'30' East along said railway right of way 292 feet; thence Sot1t.h 87'43'30' West 882 feet, more or less, to intersection with the mean high tide line of the Pacific Ocean; thence Northwesterly along said mean high tide line 336 feet to the Point of Beginning.