Loading...
HomeMy WebLinkAboutCT 97-09; American Stores Properties Inc; 1997-0578261; Public Facilities Fee Agreement/Releaseh 1 .J * . .“. ._ . ; * I’ ‘. ’ ‘* _ . . RECORDING REQUESTED BY AND ) WHENRECORDEDMAILTO: ) 1 City Clerk ) OFiICIRL RECOROS SAN DIE60 CWNTY RECORDER”!, OFFICE GREGOR~F~sSHI~ t COiNi; RECORDER D . I llllll lllll Ill1 llllll Il~jJ~l lllll lllll II1 II Ill 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 I .’ ’ I’ ’ *. : - ‘-r. Lvcle %\al-z03 . 0 8 .., . ,’ ’ 186 . 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 1. **.I, 7 ..( .* Lwty +-I- 283 , ’ ,. ,*‘_ * -. 188 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, 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 - EXHIBIT “A” L~c+-f *IQ-\ - 263 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. .I .‘. e- .- ,) . f’ .I . a, , *’ ’ - * STATE OF CALIFORNIA - Luc~f *I2 \ - 283 ! 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 -. 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.