HomeMy WebLinkAboutCUP 87-08; Carlsbad Gateway/Davis/Walters/Gadco; 87-414003; Public Facilities Fee Agreement/Release. i ’ .e r -’ I . -7 414003 *, . .s
c RECORDING REQUESTED BY AND 1 t;f@
WHEN RECORDED MAIL TO:
1 CITY DF CARLSBAD 1 1200 Elm Avenue \g-g J-& 23 AM 11: ‘4 ’
Carlsbad, California 92008 VFfiL? L., LY\-F_ (-ouHl y wxmN.~~ J
Space above tnis line for Recorder's use
Signature of declarant determining
tax-firm name
City of Carlsbad
Parcel No. 209-040-34
AGREEMENT BETWEEN CEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into tnis 16th day of June , 19 87
by and between DAVIS / WALTERS / GADco / Carlsbad Gateway
(name of developer-owner)
a partnership , hereinafter referred to as
(Corporation, partnership, etc.)
"Developer" whose address is 2820 Camino De1 Rio South,Suite 202,San Diego
(street)
California 92108
(City, state, zip code)
and Tk/E CITY OF
CARLSBAD, a municipal corporation of the State of California, nereinafter
referred to as "City", whose address is 1200 Elm Avenue, Carlsbad, California,
92008.
WITNESSETtk
WHEREAS, Developer is the owner of tne real property described on
Exhibit "A":, attacned hereto and made a part of this agreement, hereinafter
referred to as "Property"; and
WHEREAS, The Property lies Within tne boundaries of City; and
WHEREAS, Developer proposes a development project as follows:
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on said Property, which development carries the proposed name of
Carslbad Gateway
and is hereafter referred to as l'Development'i; and
WHEREAS, Developer filed on the 16th day of June ¶
19 87 , witn the City a request for Conditional use permit
hereinafter referred to as "Request"; and
WHEREAS, tne 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 witn need or such development
Shall not be approved (said element is on file With tne City Clerk and is
incorporated by this reference); and
WHEREAS, Developer and City recognize the correctness of Council Policy
No. 17, dated April 22, 1986, on file With the City Clerk and incorporated by
this reference, and tnat 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 tne proposed Development; and
WHEREAS, Developer has asked the City to find that public facilities
and services will be available to meet tne future needs of the Development as
it is presently proposed; but tne Developer is aware that the City cannot and
will not be able to make any such finding witnout financial assistance to pay
for such services and facilities; and therefore, Developer proposes to nelp
satisfy 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 tne covenants
contained herein, tne parties agree as follows:
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. . .
,”
1. Tne Developer snall pay to the City a public facilities
amount not to exceed 2.5% of the bui lding permit valuation of tne bu
fee in an
ildinq or
structures to be constructed in the Development pursuant to the Request. Tne
fee shall be paid prior to the issuance of building or other construction
permits for the development and shall be based on tne valuation at tnat time.
This fee Shall be in addition to any fees, dedications or improvements required
pursuant to Titles 18, 20 or 21 of tne Carlsbad Municipal Code. Developer shall
pay a fee for conversion of existing building or structures into condominiums in
an mount not to exceed 2.5% of the building permit valuation at tne time of
conversion. Tne fee for a condominium conversion shall be paid vior 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. Tne terms "otner construction permits", “other construction
permit" and "entitlement for use" as used in this agreement, except in reference
to mobilehome sites or projects, wall not refer to grading permits or otner
permits for tne construction of underground or street improvements unless no
other permit is necessary prior to tne use or occupancy for whicn the
development is intended. Developer snall pay the City a public facilities fee
in the sum of $1,150 for each mobilehome space to be constructed pursuant to the
Request. Tne fee snall be paid prior to tne issuance of building or other
construction permits for the development. Tnis fee shall be in addition to any
fees, dedications or improvements required according to Titles 18, 20 or 21 of
tne Carlsbad Municipal Code.
2. Tne 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
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facilities, the City shall consider, but is not obligated to accept tne 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 otner permits. Such
determination, when made, snall become a part of this agreement. Sites donated
under this paragraph snail 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 tne
fee is not paid as provided herein, the City will not nave the funds to povide
public facilities and services, and the development will not be consistent witn
tne General Plan and any approval or permit for tne Development Shall be void.
No building or Other construction permit or entitlement for use shall be issued
until tne public facilities fee required by tnis agreement is paid.
4. City agrees to deposit the fees paid pursuant to this agreement in
a public facilities fund for tne financing of public facilities when the City
ists to provide the facilities and sufficient
and similar public facilities fees are
Council determ
funds from the
available.
ines the need ex
payment of tnis
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 tne needs
of the Development nerein described.
6. All obligations nereunder snail terminate in tne event tne Requests
made by Developer are not approved.
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7. Any notice from one party to the otner snail be in writing, and
snall be dated and signed by the party giving such notice or by a duly
autnorized representative of sucn party. Any such notice Shall not be effective
for any purpose whatsoever unless served in one of tne following manners:
7.1 If notice is given to tne City of personal delivery thereof to
the. City or by depositing same in the United States Mail, addressed to tne 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 tnereof
to Developer or by depositing tne same in the United States Mail, enclosed in a
sealed envelope, addressed to Developer at the tidress as may have been
designated, postage prepaid and certified.
8. Tnis agreement snall be binding upon and snall ensure to tne
benefit of, and snail apply to, the respective successors and assigns of
Developer and tne City, and references to Developer or City nerein shall be
deemed to be reference to and include tneir respective successors and assigns
witnout specific mention of such successors and assigns. If Oeveloper snould
cease to have any interest in the Property, all obligations of Developer
hereunder snall terminate; provided, however, that any successor of Developer's
interest in tne property Shall have first assumed in writing the Developer's
obligations hereunder.
9. This agreement snall be recorded but Shall not create a lien or
security interest in tne Property. Wnen tne obligations of tnis agreement have
been satisfied, City snall record a release.
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IN WITNESS WHEREOF, this agreement is executed in San Diego County,
California as of the date first written above.
DEVELOPER-OWNER: CITY OF CARLSBAD, a municipal
corporation of the
State of California
Partner
(Title)
BY r- MARTIN ORENYAK, \
Community*Beveiopment Director ,
BY
ATTEST:
.
APPROVED AS TO FORM:
City Attorney
(Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.)
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. 0 3795 SAFECO TITLE INSURANCE 2
B STATE OF CALIFORNIA v) ss. COUNTY OF I ~~c=z-YQ
On this the 7th day of- 19x, before me, the undersigned, a Notary Public in and for
said State, personally appeared 2. mm?“S
, personally known to me or proved to
me on the basis of satisfactory evidence to be the person -who
executed the within instrument as one
of partners of the partnership that executed the within instrument, and
acknowledged to me that such partnership executed the same.
WITNESS my hand and official scab+,
2
0
Signature
FOR NOTARY SEAL OR STAMP
5AN DIEGD CDIJNM Mv comm. excires DEC 18. 1987
-,
ORDER NO. 950058-18
LEGAL DESCRIPTION
THE LAND R~?FERRED TO IN THIS REPORT Is SITUATED IN THE STATE OF- CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
ALL THOSE PORTIONS OF PARCELS 1 AND 2, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN AT PAGE 10060 OF
PARCEL MAPS, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, MAY 23, 1980, LYING WESTERLY OF THE FOLLOWING DESCRIBED LINE:
COMMENCING AT THE SOUTHWESTERLY CORNER OF SAID PARCEL 1; THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL 1 AND THE SOUTHERLY LINE OF SAID PARCEL 2, NORTH 82"43'12" EAST, 646.96 FEET TO THE TRUE POINT OF
BEGINNING: THENCE LEAVING THE SOUTHERLY LINE OF SAID PARCEL 2 NORTH
07"16'48" WEST, 361.55 FEET TO A POINT IN THE WESTERLY LINE OF SAID PARCEL 2 WHICH IS DISTANT THEREON SOUTH 12'35'22" EAST, 30.54 FEET FROM THE MOST WESTERLY, NORTHWEST CORNER OF SAID PARCEL 2; THENCE ALONG SAID WESTERLY LINE NORTH 12'35'22" WEST, 30.54 FEET TO THE MOST WESTERLY, NORTHWEST CORNER OF SAID PARCEL 2; THENCE ALONG THE EASTERLY LINE OF SAID PARCEL 1; NORTH 12'35'22" WEST, 594.58 FEET TO THE MOST NORTHERLY CORNER OF SAID PARCEL 1.
EXCEPTING THEREFROM THE INTEREST AS GRANTED TO THE CITY OF CARLSBAD BY DEED RECORDED MAY 11, 1982 AS FILE NO. 82-139475 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING OF THE SOUTHEAST CORNER OF SAID PARCEL 1; THENCE ALONG THE SOUTHERLY BOUNDARY PARCEL 1; SOUTH 82"43'12" WEST 36.00 FEET: THENCE LEAVING SAID SOUTHERLY BOUNDARY NORTH 7"16'48" WEST 338.37 FEET TO A TANGENT 464 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 5'18'34" A DISTANCE OF 43.00 FEET: THENCE TANGENT TO SAID CURVE NORTH 12'35'22" WEST 7.36 FEET; THENCE NORTH 77'24'38" EAST 36.00 FEET TO THE EASTERLY BOUNDARY OF SAID PARCEL 1; THENCE ALONG SAID EASTERLY BOUNDARY SOUTH 12'35'22" EAST 30.54 FEET: THENCE CONTINUING ALONG SAID EASTERLY BOUNDARY SOUTH 7"16'48" EAST 361.55 FEET TO SAID
SOUTHEAST CORNER OF PARCEL 1.
ALSO EXCEPTING THEREFROM ALL OIL, MINERAL, GAS AND OTHER HYDROCARBON SUBSTANCES BELOW A DEPTH OF 500 FEET FROM THE SURFACE OF SAID LAND
WITHOUT THE RIGHT OF SURFACE ENTRY, AS RESERVED BY PALOMAR VISTA, LTD., A LIMITED PARTNERSHIP, IN DEED RECORDED SEPTEMBER 30, 1977 AS FILE NO. 77-401720 OF OFFICIAL RECORDS.
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