HomeMy WebLinkAboutCT 93-10; Continental Commercial Corporation; 1993-0599441; Public Facilities Fee Agreement/Release. ., f-““: It 1993-0599441 13-SEP-1993 ll=#O AH
RECORDING REQUESTED BY AND ) 754 OFFICIIll RECORDS
WHEN RECORDED MAIL TO: 1 SAN DIEfiCi COUNTY RECORDER’S OFFICE
C i?V CL&k?K 1 ANNETTE EUANS 3 COUNTY RECORDER
CITY OF CARLSBAD 1 g 11.00 FEES: 29.00 17.00 1200 Carlsbad Village Drive > iIF: 1.00 Carlsbad, California 92008 1 ‘U
I
AGREEMENT BETWEEN OWNER, DEVELOPER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this August l*th day of
between Continental Commercial Corporation
(Name of Developer)
, 19 93 by and
a California Corporation , hereinafter referred to as “Developef whose address
is 5050 Avenida Encinas, Suite 200, Carlsbad, CA 92008
(Street) (City, State, tip Code)
and BA Properties, Inc., a Delaware Corporation
(Name of Legal Owner)
a Corporation , hereinafter referred to as
(Individual, Corporation, etc.)
"Owner" whose address is De Street 4242 333 S. Ho
(Street)
Los Angeles, CA 90071
(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 Carlsbad Village Drive, Carlsbad, California, 92008.
cr 4%IO/@ 93-07/
Form Apprmd I
By City Council Aptit 2& 1966
fkso. No. 9169 1
‘_ , -
755
WHEREAS, Owner is the owner of the real property desaii 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: Unit Timeshare Resort
on said Property, which development cties the proposed name of Continental Commercial
Corporation and is hereinafter referred to as “Developer”; and
WHEREAS, Developer filed on the 12th day of August ,1993.withtheCitya
request for GPA, LCPA, ZC, TM/CP, CUP, EIA, HDP
hereinafter referred to as “Request”; and
WHEIUXS, 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 and Owner have asked the City to find that public facilities and
services wil3 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
Fam Approved
By City Council April 22, 1986
ho. No. 9169 2
756
Owner propose to help satify 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:
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 consmcted
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 Car&bad 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 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 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
By City Council rrpril22,1986
Reso. No. 9169 3
.A 757
Owner 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+ 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 Development herein descriied.
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 authoxized 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
Form Approved
By City Council April 22, 1986
Reso. No. 9169 4
758
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 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 respectivesuccessors and assigns of Developer, Owner and the City, and references to
Developer, Owner 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.
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 Owner3 interest in the
Property is a stranger to this agreement, such successor has tit assumed the obligations of owner
in writing in a form acceptable to City.
9. This agreement shall be recorded but shah 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 April 22, 1986
Rem No. 9169
. . . 759 -
IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date
first written above.
OWNER: ‘B I A \‘t) eo pan=, / Ij,
PETER DAN IELS
Vice President
(Signature)
A-X-I-EST:
DEVELOPER: CONTINENTAL COMMERCIAL CORPORATION
David S. Brown
Co-President T-
CITY OF CARLSBAD, a municipal
corporation of the
State of California
w -Kit%!& ALETHA L. RAUTENKRANZ, City Clerk
For City Manager
APPROVED AS TO FORM:
RONALD G. BALL
Acting City Attorney
(Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.)
Form Approved
By City Council April 22,1986 Reso. No. 9169 6
. -
;i
6,.
. I
* 1
7
4h <
_m 3 5,
STATE OF CALIFORNIA
COUNTY OF m Rh%?%%% I S.S.
personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed
the same in hisihen’their authodzed capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf
of which the person(s) acted, executed the instrument.
WITNESS hand and official
Signature
760
Gateway Title Company
FOR NOTARY SEAL OR STAMP
NOTARY PUBLIC. CALIFORNIA LOS ANGELES COUNTY
GTC 05&A (l-91)
., . . .
‘
C ‘761 -
’ 1.
STATE OF CALIFORNIA
County of San Diego
§:
On Auctust 12. 1993 , 1993, before me, Cvnthia A. Jacques, Notarv Public (here insert
name and title of the officer) personally appeared Timothv J. Stripe
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my official hand and seal.
Signature
My Commission Expires:
November 8, 1996
STATE OF CALIFORNIA
County of San Oiego
§:
On w 1993, before me, Cvnthia A. Jacoues, Notary Public (here insert
name and title of the officer) personally appeared David S. Brown
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
, the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
, WITNESS my official hand and seal.
Signature C&A
My Commission Expires:
(Seal)
November 8, 1996 Notory Public - CoIifornio
--
I .
762 -
LEGALD-ON
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 OF 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 SOUTH 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 lN 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 89’ 55’ 40” EAST 6i5.92 FEET FROM
THE CENTER LINE OF STATE HIGHWAY AS SHOWN ON LICENSED SURVEYORS 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 M BLOCK 22, LA COSTA DOWNS UNIT NO. 1.
ALSO EXCEPTING THOSE PORTIONS LYING WESTERLY OF THE EASTERLY LINES OF THE
PORTIONS OF LAND DESCRIBED lN 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 DOCUMENT NOS. 156624 AND 156625.
AND ALSO EXCEPTING FROM SAID LOT 2 THAT PORTION OF 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 2 1, 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 13 SOUTH, RANGE 4 WEST. SAN
BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
DESCRIBED AS FOLLOWS:
BEGINNMG 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,
CORPORATION, VS. CLARENCE DAYTON HILLMANS AND BESSIE OLIVE HILLMAN; THENCE
SOUTH 89’ 53’ 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 SGUTI-I 19“ 23’ 30” EAST ALONG SAID RAILWAY
RIGHT OF WAY 292 FEET; THENCE SOUTH 870 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.
Form Approved
By City Council April 22 1986
Rem No. 9169 7