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Home My WebLink AboutCUP 91-07; L1011 Partnership; 1991-0372165; Public Facilities Fee Agreement/ReleaseRECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: CIW C&Elf< CITY OF CARLSBAD 1200 Carlsbad Village Drive (Formerly Elm Avenue) Carlsbad, California 92008 Space above this line for Recorder’s use ParcelNo. 213 061 10 00 AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this day of April , 19 91 by and between 9 LlOll Partnership, with Mission West Properties as manacrina General (Name of Developer-Owner) Partner a:&@nafter referred to as “Developer” (Corporation, Partnership, etc.) whoseaddress is 6815 Flanders Jkive, Suite 250, sari Dieuo. CA 92121 (Street) (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, California, 92008. WITNESSETH: WHEREAS, Developer 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 proposes a development project as follows: a delicatessan located at ._ 2035 Corte De1 Noqal, Carl&ad, CA 92008 on said Property, which development carries the proposed name of- WPS~ npl i and REv11/90 1 CUQ 41-7 127 - is hereinafter referred as “Development”; and WHEREAS, Developer filed on the 9 day of April , 19% with the City a request for 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 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 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 Development; 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: 1. The Developer 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. REV 11/90 2 128 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 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 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 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 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 REv11/90 3 . I . 129 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. 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 REV n/90 4 . , . l I- LJ apply to the respective successors and assigns of Developer and the City, and references to Developer 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 Developers interest in the property shall have first assumed in writing the Developers obligations hereunder. 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. REV 11/90 5 . < ’ 1) 131 - IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: LlOll Partnexshig band MISSION WEST PFUPERTIES as managing general By: Vice President (Title) CITYOFCARLSBAD, amunicipal corporation of the State of California By: : For City Manager (Title) A'ITEST: f?JLJ&Q ALETHA L. RAUTENKRANZ, City Clerk DEPUTY CITY ATTORNEY . VINCENT F. BIONDO, JR City Attorney (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) . , 132 EXHIBIT “A” LEGAL DESCRIPTION l&s 10 & 11 of Car&bad Tract No. 80-34. In the City of Carl&ad, County of San Diego, State of California according to map thereof No. 10062, filed in the Office of the County F&corder of San Diego on April 15, 1981. 1 jss. , I Onp June 6, 1991 _ ~, before me, the undersigned, a Notary Public in and for said State, personally appeared- How&dAnderson and ~, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the withln instrument as-- Vice President Andy _ ~~~~ ~ Mission-West Properties Secretary, on behalf of_-_- _ ~~~~~~ -~ 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 one of the partners of-_--~- _~ ~___ the partnership that executed the within Instrument, and ack- nowledged to me that such corporation executed the same as such partner and that such partnership executed the same. REv11/90