HomeMy WebLinkAboutCT 97-09; American Stores Properties Inc; 1997-0578261; Public Facilities Fee Agreement/Releaseh
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RECORDING REQUESTED BY AND )
WHENRECORDEDMAILTO: )
1 City Clerk )
OFiICIRL RECOROS SAN DIE60 CWNTY RECORDER”!, OFFICE GREGOR~F~sSHI~ t COiNi; RECORDER D .
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CITY OF CARLSBAD j 1200 Carlsbad Village Drive
Carlsbad, California 92008- 1989
Space above this line for Recorder’s use
ParcelNo. 216-124-01, 02, 03 and 18
CTWO”i
AGREEMENT BETWEEN OWNER, DEVELOPER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
FOR OUTSIDE THE BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 1
THIS AGREEMENT is entered into this day of /L1 av-6 L( ,19 97,
by and between (name of developer) American Stores Properties, Inc.
a (corporation, partnership, etc.) cornorat b , hereinafter referred to as “Developer”
whose address is (street, city, state, zip code) 348 East South -le.
Salt Lake Citv . Utah 84 11 land (name of legal owner) La Costa Shopping Center, Inc.
a (individual, corporation, etc.) corporation , hereinafter referred to as “Owner”
whose address is (street, city, state, zip code) 4520 Executive Drive, Suite 111
San Diego, CA 92121
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.
. . .
Form Approved By City Council July 2, 1991 1 Form 18 Resolution No. 91- 194KJH Per Jane Mobaldi, Rev. 01/l l/96
6P? ?7-OZ/7c 97-02L/chD 97-n7/~.- h- -- /c.,.-i Q--n3 /F. h o-8 -e/r-k-o- ~9
RECITALS
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 bour$aries of Cip; and rant TUC er Properties who has contracted with WHEREAS, Developer has contracted with\Owner to purchase the property and proposes a
development project as follows: Lucky Sav-On Supermarket, Arco Station, and
Five Retail pad sites on said Property, which development carries the
proposednameof La Costa Lucky Sav-On Shopping Center 8121-283
and is hereafter referred to as “Development”; and
WHEREAS, Developer filed on the zylol day of ham I , 1947, with the
City a request for Conditional Use Permit, General Plan Amendment, Site Development
Plan, Special Use Permit (El Camino Real Corridor), Special Use Permit (Floodplain)
and Tentative Tract 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 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 ApprovedBy City CouncilJuly 2,1991 2 Form18
ResolutionNo. 91-194KJH Per Jane Mobaldi,Rev. 01/11/96
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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 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 “entitlement for use” as used in this agreement, except in
reference to mobiiehome 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 $1,150 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 2 1 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, 1991 3 Form 18
Resolution No. 91- 194KJH Per Jane Mobaldi, Rev. 01/l l/96
LJJc)LY #)21-‘103
’ 187
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
services suffkient 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 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 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, 1991
Resolution No. 91-194/KJH
4 Form 18
Per Jane Mobaldi, Rev. 01/l l/96
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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.
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Form Approved By City Council July 2, 199 1
Resolution No. 91-194IKJH
5 Form I8
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: U) &;a a hopping Center Inc. CITY OF CARLSBAD, a municipal corporation
of the State of CalifoMa
Takeshi Kinoshita
(print name)
Vice President
(title)
(signature)
Tsugio Fukuda
(print name)
Secretary (title)
DEVELOPER:
(name of developer)
X-&&
(print name)
ExEcUTIVE we P.FuSlDErw
(title and organization of signr#ory) , ,
3 L / e’ A. iAm (print name)
ASUIWANI SEoFIaMY
(title and organization of signatory)
6 Form 18
By:
TIN ORENYAK, fo&C&& anager
ATTEST:
lL-lctL&. h
ALETHA L. RAUT&WRANZ, City Clerk
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
(Notarial acknowledgment of execution of
DEVELOPER and 0 WNER must be attached).
(President or vice president AND 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)
Fom Approved By City Council July 2,1991
Resolution No. 91-194KJH Per Jane Mobaldi, Rev. 01/l l/96
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EXHIBIT “A”
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LEGAL DESCRIPTION PARCEL 1: (APN'S 216-124-01, 02 AND 18)
THOSE PORTIONS OF LOTS 9, 14 AND 15 IN SECTION 35, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 9 AS SHOWN ON MAP NO. 8379 ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE ALONG THE NORTHERLY LINE OF SAID LOT 9 NORTH 89'07'13" WEST 439.50 FEET TO A POINT ON THE NORTHERLY PROLONGATION OF THE WESTERLY LINE OF THAT CERTAIN PARCEL OF LAND GRANTED TO LEUCADIA COUNTY WATER DISTRICT BY DEED RECORDED AUGUST 11, 1961 AS FILE NO. 138155 OF OFFICIAL RECORDS, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SAID NORTHERLY PROLONGATION AND THE WESTERLY AND SOUTHERLY LINES OF SAID WATER DISTRICT PARCEL THE FOLLOWING COURSES: SOUTH O"33'46" WEST (SOUTH 0'09'10" EAST PER RECORD) 571.28 FEET, SOUTH 89"53'59" EAST 439.43 FEET (NORTH 89"50'50" EAST, 440 FEET PER RECORD) TO A POINT ON THE EAST LINE OF SAID LOT 9; THENCE ALONG; SAID EAST LINE SOUTH O"34'16" WEST 16.32 FEET TO A POINT ON THE ARC OF A NON-TANGENT 458.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, A RADIAL TO SAID POINT BEARS SOUTH 51“56'36" EAST, SAID POINT ALSO BEING A POINT ON THE NORTHERLY SIDELINE OF LA COSTA AVENUE AS SHOWN ON SAID MAP NO. 8379; THENCE ALONG SAID NORTHERLY SIDELINE THE FOLLOWING COURSES: SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 46'43'51" A DISTANCE OF 373.55 FEET, SOUTH 84"47'15" WEST 335.89 FEET TO THE EASTERLY LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN A LEASE TO ATLANTIC RICHFIELD COMPANY RECORDED MAY 26, 1966 AS FILE NO. 87636 OF OFFICIAL RECORDS; THENCE ALONG SAID LEASE BOUNDARY THE FOLLOWING
COURSES: NORTH 5"12'37" WEST (NORTH 5"14'14" WEST PER RECORD) 8.99 FEET, NORTH 15"39'26" WEST (NORTH 15'31'03" WEST PER RECORD) 141.87 FEET TO THE SOUTHEAST CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN A QUITCLAIM DEED TO RANCH0 LA COSTA, INCORPORATED, RECORDED APRIL 17, 1967 AS FILE NO. 52816 OF OFFICIAL RECORDS; THENCE ALONG THE SOUTHERLY LINE OF SAID QUITCLAIM DEED SOUTH 84'47'23" WEST 149.83 FEET (SOUTH 84'45'46" WEST 150.28 FEET PER RECORD) TO A POINT ON THE ARC OF A NON-TANGENT 2937.00 FOOT RADIUS CURVE, CONCAVE EASTERLY, A RADIAL TO SAID POINT BEARS SOUTH
76'10'50" WEST (SOUTH 76"09'10" WEST PER RECORD); THENCE LEAVING SAID CURVE RADIAL SOUTH 76"10'50" WEST 1.37 FEET TO THE EASTERLY SIDELINE OF EL CAMINO ROAD, SAID POINT BEING ON THE ARC OF A NON-TANGENT 3337.00 FOOT RADIUS CURVE, CONCAVE EASTERLY, A RADIAL TO SAID POINT BEARS SOUTH 76'47'10" WEST. THENCE ALONG SAID EASTERLY SIDELINE THE FOLLOWING COURSES: NORTHERLY ALONG THE ARC OF SAID C&E THROUGH A CENTRAL ANGLE OF 4"27'04' A DISTANCE OF 259.24 FEET, NORTH 8"45'46' WEST 434.03 FEET; THENCE LEAVING SAID EASTERLY SIDELINE NORTH 81"14'14' EAST 212.85 FEET TO THE BEGINNING OF A TANGENT 405.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 15"25'46' A DISTANCE OF 109.06 FEET; THENCE SOUTH 83"20'00' EAST 207.68 FEET TO A POINT ON THE NORTHERLY PROLONGATION OF THE WESTERLY LINE OF SAID WATER DISTRICT PARCEL; THENCE ALONG SAID NORTHERLY PROLONGATION SOUTH O"33'46" WEST 32.69 FEET TO TRUE POINT OF BEGINNING.
PARCEL 2: (APN 216-124-03)
THAT PORTION OF LOT 9 OF SECTION 35, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 9, (THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 35); THENCE ALONG THE NORTH LINE OF LOTS 9 AND 15, NORTH 89"05'42" WEST 1025.86 FEET TO THE CENTER LINE OF EL CAMINO REAL; THENCE ALONG SAID CENTER LINE SOUTH 8'47'23" EAST 430.76 FEET TO THE BEGINNING OF A TANGENT 3000 FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE SOUTHERLY ALONG SAID CURVE 449.02 FEET THROUGH AN ANGLE OF 8"34'32" TO THE TRUE POINT OF BEGINNING; THENCE RETRACING NORTHERLY ALONG SAID CURVE 193.50 FEET THROUGH AN ANGLE OF 3”41’44”; THENCE RADIALLY TO SAID CURVE NORTH 76"19'49" EAST 63 FEET; THENCE NORTH 84"45'46" EAST 150 FEET; THENCE SOUTH 15"31'03' EAST 151.02 FEET; THENCE SOUTH 5"14'14" EAST 51 FEET TO A LINE BEARING NORTH 84"45'46' EAST FROM THE TRUE POINT OF BEGINNING; THENCE SOUTH 84'45'46" WEST 204.74 FEET TO THE TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION OF SAID LAND CONTAINED IN THE QUITCLAIM DEED FROM THE ATLANTIC RICHFIELD COMPANY TO RANCH0 LA COSTA, INC. RECORDED APRIL 17, 1967 AS FILE NO. 52816 OF OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM THOSE PORTIONS DEEDED TO THE COUNTY OF SAN DIEGO FOR ROAD PURPOSES DESCRIBED IN PARCEL 67084-A OF DEED RECORDED DECEMBER 3, 1969 AS FILE NO. 220242 OF OFFICIAL RECORDS.
Form Approved By City Council July 2,199l
Resolution No. 91-194KJH
7 Form 18
Per Jane Mobaldi, Rev. 01/l l/96
STATE OF UTAH >
: s. s.
COUNTY OF SALT LAKE )
On April 24, 1997, before me, Wendy M. Briggs, a notary public in and for such County and
State, personally appeared Jack Lunt and Julie A. Webb, personally known to me to be the
persons whose names are subscribed to the within instrument and acknowledged to me that they
executed the same in their authorized capacities, and that by their signatures on the instrument,
the persons or entity upon behalf of which the persons acted, executed the instrument.
Witness my hand and official seal.
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STATE OF CALIFORNIA
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! 192
COUNTY OF SAN DIEGO
On n/\~rd 3, 197 7 beforeme,
Notary Public, persdnally appeared Ta k e 5 A (’ K’nos 171’ix 34
ho-M proved to me on the basis of satisfactory evidence to be the person F whose
name@) is/+bscribed to the within instrument and acknowledged to me that he/*
executed the same in his@&+% authorized capacity#& and that by his- signature(s)
on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
Form Approved By City Council July 2,199l
Resolution No. 91-194KJH
Form 18
Per Jane Mobaldi, Rev. 01/l l/96
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STATE OF CALIFORNIA
COUNTY OF SAW DIEGO
On July 7, 1997 before me, Mary J. Ryman, Notary Public, personally
appeared Tsugio Fukuda, 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.