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Home My WebLink AboutSDP 97-12; Spieker Properties LP; 1997-0578255; Public Facilities Fee Agreement/ReleaseDOC Jl 1997-0578255 How 17, 1997 Ii=15 AH RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: ) ) City Clerk 1 OFFICIAL RECORDS 170 SAN DIEGD colmn RECORDER’S OFFICE GREGDRY~ESSilITH 9 y; RECORDER : 0. I II111 lllllllll I l[lj/l j///l 111111 lllll Ill llll CITY OF CARLSBAD ) 1200 Carlsbad Village Drive ) Carlsbad, California 92008- 1989 ) Space above this line for Recorder’s use . .QQ 9--+ AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE FOR INSIDE THE BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 1 Parcel No. 211-100-03; 211-100-05 THIS AGREEMENT is entered into this 16th day of September 5 1997, by and between (name of developer) Speiker Properties, L. P., a California a (corporation, partnership, etc.) limited partnership , hereinafter referred to as “Developer” whose address is (street, city, state, zip code) 5900 La Place Court, Suite 100 Carlsbad CA 92008 and (name of legal owner) Carlsbad Ranch Company, L.P. a (individual, corporation, etc.) corporation , hereinafter referred to as “Owner” whose address is (street, city, state, zip code) 5600 Avenida Encinas, Suite 100 Carlsbad CA 92008 AND the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as “City”, whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008-1989. Fom Approved By City Council July 2, 199 1 Resolution No. 91-194/KJH 1 Forrn 1SA Per Jane Mobaldi, Rev. 01/l l/96 RECITALS h 171 WHEREAS, Owner 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 has contracted with Owner to purchase the property and proposes a development project as follows: two (2 ) three (3 ) story off ice buildings of 62,000 square feet each on said Property, which development carries the proposed name of Carlsbad Ranch Lots 11 and 14 office complex , and is hereafter referred to as “Development”; and . WHEREAS, Developer filed on the 11 tb day of July , 19 97 , with the Cityarequedfor Site Development Permit and Coastal Development Permit 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 2, 1991, 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 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 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 and Owner propose to help satisfy the General Plan as implemented by Council Policy No. 17 by payment of a public facilities fee. Form Approved By City Council July 2, 1991 Resolution No. 91-194KJH 2 Form 18A Per Jane Mobaldi, Rev. 01/I 1196 h 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 1.82% 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 1.82% 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 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 the City a public facilities fee in the sum of $598 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 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 Form Approved By City Council July 2,199l 3 Fom 18A Resolution No. 9 l-1 94KJH Per Jane Mobaldi, Rev. 01/l l/96 - 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 suffkient 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 Request made by Developer is not approved. 7. Any notice from one parry 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 many have been designated, postage prepaid and certified. Form Approved By City Council July 2,199l Resolution No. 91-194KJH 4 Fom 18A Per Jane Mobaldi, Rev. 01/l l/96 h 1 134 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 City, and references to Developer, Owner or City herein shall be deemed to be a 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 to 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 in the Property. When the obligations of this agreement have been satisfied, City shall record a release. . . . . . . Form Approved By City Council July 2, 1991 Resolution No. 9 l-l 94KJI-l Fom 18A Per Jane Mobaldi, Rev. 01/l l/96 - - IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. OWNER:Carlsbad Ranch Company, L - P -CITY OF CARLSBAD, a municipal corporation Carltas Company, G. P. anagement, G. P. (title) By: (signature) Christopher C. Calkins (print name) President ATTEST: / ALETHA L. RAUII%KRANZ, City Clerk \ APPROVED AS TO FORM: RONALD R. BALL, City Attorney (title) DEVELOPER: Spieker Properties, L.P., a California Limited Partnership By: Spieker Properties, Inc., Its General Partner (name of developer) &La&+GY Richard L. Romney -. (print name) Senior Vice President (title and organization of signatory) By: (signature) (print name) (title and organization of signatory) Form Approved By City Council July 2, 199 1 Resolution No. 91-194KJI-I 6 (Notarial acknowledgment of execution of DEVELOPER and OWER must be attached). (President or vice president &A& secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation) Form 18A Per Jane Mobaldi, Rev. 01/l l/% 176 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California 1 } ss. County of San Diego } On September 16, 1997, before me, Karen A. Phelps, Notary Public, personally appeared Christopher C. Calkins, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. EXHIBIT “A” LEGAL DESCRIPTION Lots 11 and 14 of Carlsbad Tract No. 94-09, Carlsbad Ranch Units 2 and 3, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 13408, filed in the office of the County Recorder of San Diego County, April 1, 1997. Form Approved By City Council July 2, 1991 Resolution No. 9 I- 194KJH 7 Form 18A Per Jane Mobaldi, Rev. 01/l l/96 177 STATE OF CALIFORNIA COUNTY OF SAN DIEGO On r;lL!; 7 before me, Notary Publi;, personally appeared RI-& , / RJ personally known to me - or [ ] proved to me on the basis of satisfactory evidence to be the person@whose name&&&e-subscribed to the within instrument and acknowledged to me tha~&Me+thq executed the same in @/he&&5&tiorized capacity(ies); and that by&$he&heirsi~ature@-- on the instrument the person(&or, the entity upon behalf of which the person(s)-acted, executed * the instrument. ; WITNESS my hand and official seal. r? Form Approved By City Council July 2,1991 8 Form 18A Resolution No. 91-194KJH Per Jane Mobaldi, Rev. 01/l l/96