HomeMy WebLinkAboutCUP 91-03; Atlantic Richfield Company and Bank of San Diego; 1991-0211786; Public Facilities Fee Agreement/ReleaseRECORDING REQUESTED BY AND )
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CITY OF CARLSBAD 1
1200 Carlsbad Village Drive 1
(Formerly Elm Avenue) 1 r ..: .
Carlsbad, California 92008 >
Space above this line for ReGdeis use
Parcel No. 213- 03z 47
AGREEMENT BETWEEN OWNER, DEVELOPER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this 5th day of March , 19 91 by and
between Atlantic Richfield Company
(Name of Developer)
a Delaware corporation , hereinafter referred to as “Developer” whose address
k 1055 West Seventh Street, Los Angeles, CA 90017
(Street) (City, State, Zip Code)
and THE BANK OF SAN DIEGO
(Name of Legal Owner)
a aT.TBnRNT A PS
(Individual, Corporation, etc.)
“Owner” whose address is 225 BROADWAY, SUITE 230
(Street)
, hereinafter referred to as
SAN DIEGO, CA 92101, ATTN: *JAMES L. REDMAN, PRESIDENT
(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 (Formerly Elm Avenue), Carlsbad,
CaIifomia,92008.
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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 boundaries of City; and
WHEREAS, Developer has contracted with Owner to purchase the Property and proposes
a devleopment project as follows: an am/pm mini market
on said Property, which development carries the proposed name of an am/pm mini market
and is hereinafter referred to as “Developer”; and
WHEREAS, Developer filed on the 2.2 day of Mh f~~4.4 ,193 with the City a
request for a conditional use permit
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 shah 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 Citys
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
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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 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
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
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
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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 shah 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.
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 described.
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 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 attention of the City Manager, postage prepaid
and certified.
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7.2 If notice 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.
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 Owners 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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STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
before me, a notary public in and for said state,
personally known to me (or proved to me on the
basis of satisfactory evidence) to be the person whose name is subscribed to the within
instrument and acknowkdged to me that he executed the same in the capacity as President of
THE BANK OF SAN DIEGO.
WITNESS by hand and official seal.
OFFICIAL SEAL
t&RY K. SCHWABAUER-TINSLE
NOTARY PUBLIC CALIFORNIA
PRINCIPAL OFFICE IN
SAN OlEGO COUNTY
My Commwon Exp June 21. 1993
TO ,94!5 c* (8.74)
(Corporation)
said County and State
STATE OF CALIFORNIA j *TIcoR COYPINY
LOS ANGELES I ss. COUNTY OF
On March 5, 1991 before me. the undersianed, a Notary Public in and for said
State, personally appeared C. H. Schwab
known to me to be the Assistant Vice
known to me to be Assistant President, and Anne G. Stengell ' I
Secretary
of the corporation that executed the within Instrument,
known to me to be the persons who executed the within
Instrument on behalf of the corporation therein named, and
acknowledged to me that such corporation executed the
within instrument pursuant to its by-laws or a resolution of
its board of directors.
WITNESS my hand and official seal.
Signature
(This area for official notarial seal)
6A
,‘. -I
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IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date
first written above.
OWNER: . DEVELOPER:
THE BANK OF SAN DIEGO, ATLANTIC RICHFIELD COMPANY a California Corporation a Delaware corporation
. By:- TA- Rl2RUAN; Pr~nld~n+
W==) Assistant Secretary
TITLE: (Signature)
By: (N&e)
(Signature) TITLE:
ATI’EST:
ALETHA L. RAUTENKRANZ, City Clerk
l2J&dLkQ-+
CITY OF CARLSBAD, a municipal corporation of the State of Califomia
For City Manager ’
APPROVED AS TO FORM:
VINCENT F. BIONDO, JR. City Attorney
(Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.)
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.(’ I_ .
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‘*
).’ . - $1 ’ 585
EXHIBIT “A’
LEGAL DE!XBPTION
Lot 17 of Carlsbad Tract No. 73-49, according to map thereof No. 8418, in the City of
Car&bad, County of San Diego, State of California, filed in the office of the county
recorder of San Diego County on November 19, 1976.
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