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HomeMy WebLinkAboutCUP 87-14; Villas De Carlsbad Ltd; 87-609199; Public Facilities Fee Agreement/Releasel b&t 1334 ‘ ,/RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: I p-b- 8’” 609199 -7 -- c->:,t”\-,[;-)+‘[-l yi_ _, r . c:f’f- :,. !>>I. ‘i..i ;.‘.i:i,!... 11 [li- i,,‘,tg ;,ii :i : ;;.‘1: I.1 ,A 4 CITY OF CARLSBAD 1 1200 Elm Avenue \37 0i-g 29 AH i'& 56 Carlsbad, California 92008 -_ , ‘\ Space above this line for Recorder’s us Bar-y--transfer tax : $25.00 Signature of declarant determining tax-firm name City of Carlsbad Parcel No. 155-272-14 and 155-272-15 AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 30th day of September , 19 87 by and between VILLAS DE CARLSBAD, LTD., (Name of Developer) a CALIFORNIA LIMITED PARTNERSHIP , hereinafter referred to as (Corporation, partnership, etc. ) “Developer” whose address is 1060 Eighth Avenue, Suite 405 (Street) San Diego, CA 92101 (City, State, Zip Code) STEPHAN D. DIRTADIAN, MARGARET B. DIRTADIAN, GLENN L. STRANGE, HERTHA F. STRANGE and and HARRY L. KOEHANE as to Parcel 155-272-15; and STEPHAN D. DIRTADIAN, MARGARET B. DIRTADIAN, tiLtNN L . SlRAN 6.t. and HtKTHA t- t. SIR ANGt as to Parcel 155-2/Z-14, as individuals , hereinafter referred to as (Individual, Corporation, etc.) ATTN: Steven Dirtadian “Owner” whose address is 5845 Caminito Empressa (Street) La Jolla, CA 92037 (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 Elm Avenue, Carlsbad, California, 92008. REV 7-28-87 &p - F?-/(/ 1355 - _ on’said Property, which development carries the proposed name of LAS VILLAS DE CARLSBAD and is hereinafter referred to as “Development”; and WHEREAS, Developer filed on the /4P day of &&# I 19 81 , with the City a request for A CONDITIONAL USE PERMIT FOR A ONE STORY, 59 - BED NURSING HOME (CONVALESCENT HOSPITAL) TO BE PART OF THE EXISTING LAS VILLAS DE CARLSBAD CONGREGATE CARE FACILITY. hereinafter referred to as “RequestI’; 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 August 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 Deve,lopment ; and WHEREAS, Developer has 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 proposes to help 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 the covenants contained herein, the parties agree as follows: -2- REV 7-28-87 WHEREAS, .Developer and Owner have asked the City to find that public facilities and services will bc available to meet the future needs of the Development as it is presently proposed; but the Developer and Owner are 1 aware that the City cannot and will not be able to make any such findings 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. NOW, THEREFORE, in consideration of the recitals and the convenants 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 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 or occupancy for which the development is intended. -3- REV 7-28-87 . I c 1357 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 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 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. -4- REV 7-28-87 ~ 5, I:-8 . . . 5. City agrees to provide upon request reasonable assurances to enable Developer and Owner 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 Requests made by Developer 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 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 by 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 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 respective successors and assigns of Developer, Owner and the City, and references to Developer, Owner or City herein shall be deemed to be references 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. -5- REV 7-28-87 - . ’ . 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. IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. OWNER: DEVELOPER: OWNER'S SIGNATURE PAGE ATTACHED DEVELOPER'S SIGNATURE PAGE (Name)HERETO (PAGE 7) ATTACHED HERETO (PAGE 8) (Signature) (Name) (Signature) BY TITLE QV (Name) (Signature) TITLE ATTEST: CITY OF CARLSBAD, a municipal corporation of the State of California a-ef!dd- Qa ALETHA L. RAUTENKRANZ, City $lerk ~RQlXRCXS4EI TXIRM.ORM : F. BIONDO, JR., CITY ATTORNEY ro*a+ d?. RcY~AI n I? RAI I VINCENT F. BIONDO, JR., City Attorney BY MA?TlmRENYAq For City Manager (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) -6- REV 7-28-87 OWNER'S SIGNATURE PAGE Parcel 155-272-15 Parcel 155-272-14 -7- DEVELOPER'S SIGNATURE PAGE VILLAS DE CARLSBAD, LTD., A California Limited Partnership By: CARLSBAD HEALTH CARE, LTD., A California Limited Partnership, General Partner By: INCOME PRPERTY GROUP-RETIREMENT VILLAGES, LTD., A California Limited Partnership, General Partner By: INCOME PROPERTY GROUP, a California -8- - - 1362 1 . . STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ": On September 30. 1987 9 before me, a Notary Public in and for said State, personally appeared STEPHAN D. DIRTADIAN and MARGARET B. DIRTADIAN, personally known to me (or proved to me based on satisfactory evidence) to be the person(s) whose name(s) are subscribed to the within instrument and acknowledged that they executed the same. WITNESS my hand and official seal. STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ": On September 30, 1987 before me, a Notary Public in and for said State, personally appearedST;PHAN D. DIRTADIAN and MARGARET B. DIRTADJAN, personally known to me (or proved to me based on satisfactory evidence) to be the person(s) whose name(s) are subscribed to the within instrument and acknowledged that they executed the same. WITNESS my hand and official seal. OFFICIAL SEAL JANET K. KRUGER Nomy Flac4alifomta SANDEQDCDUN~ STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) “: On Ck7- .2,/9g7 9 before me, a Notary Public in and for said State, personally appeared HERTHA F. STRANGE , personally known to me (or proved to me based on satisfactory evidence) to be the person(s) whose name(s) is subscribed to the within instrument and acknowledged that she executed the same. WITNESS my hand and official seal. OFFICIAL SEAL JANET K. KFWGER m-la WJDEQDooUNW STATE OF CALIFORNIA ) 1 ss: COUNTY OF SAN DIEGO ) On October 8, 1987 , before me, the undersigned, a Notary Public in and for said State, personally appeared WILLIAM M. CHANCE and JACK L. ROWE , personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as President and Secretary, on behalf of INCOME PROPERTY GROUP, a California corporation, the corporation therein named, and acknowledged to me that said corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors, said corporation being known to me to be the General partner of INCOME PROPERTY GROUP-RETIREMENT VILLAGES, LTD., a California limited partnership, said partnership being known to me to be one of the partners of CARLSBAD HEALTH CARE, LTD., a California Limited Partnership, said Partnership being known to me to be the General Partner of VILLAS DE CARLSBAD, LTD., a California Limited Partnership, the Partnership that executed the within instrument, and acknowledged to me that such Partnerships executed the same as such Partners and that such Corporation executed the same. WITNESS my hand and official seal. OFFICIAL SEAL JANET K. KRUGER N&~~a&p EXHIBIT "A" LEGAL DESCRIPTION All of the West Half of the Southwest Quarter of the Northeast Quarter of the Northwest Quarter and that portion of the East Half of the Southeast Quarter of the Northwest Quarter of the Northwest Quarter of Section 6, Township 12 South, Range 4 West, San Bernardino Base and Meridian, in the City of Carlsbad, County of San Diego, State of California, according to the Official Plat thereof, lying Westerly and Southwesterly of the Southwesterly line of the land described in Deed to the State of California, recorded June 12, 1970 as File No. 101788 of Official Records.