HomeMy WebLinkAboutCUP 96-10; Grossmont Bank; 1996-0351829; Public Facilities Fee Agreement/ReleaseRECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO:
; City Clerk ) CITY OF CARLSBAD
1200 Carlsbad Village Drive ; Carlsbad, California 92008-1989 )
1287
iLLi it 1996-0351829 12-JUL-1996 03=36 Pll
OFFICIAL RECORDS SAN OIEGO COUNTY RECORDER’S OFFICE GREGORY “l;T;i ~OUN~~E~E~ORDER RF: . : 31.00
AF: 17. DO tlF: 1.00
Space above this line for Recorder’s use
Par4 No. 2?3=O7Fl~6
cw +I u
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 29 day of May ,192
by and between Grossmont Bank
(name of developer)
a California Bankinq Corp. , hereinafter referred to as “Developer” whose address
(corporation, partnership, etc.)
Y
is 4320 La Jolla Village Drive, San Diego California 92121
(street) (city, state, zip code)
and Graham Business Plaza
(name of legal owner)
a California Limited Partnership , hereinafter referred to as “Owner”, whose address
(individual, corporation, etc.)
in 2141 Palomar Airport Road, Suite 300, Carlsbad, California 92009
(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, Carlsbad, California, 92008-1989.
Form Approved
By City Council July 2, 1991
Resa # 91.194KJH
1 Form 18
per Jane Mahaldt, Rev 02LW96
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 boundaries of City; and
WHEREAS, Developer has contracted with Owner to purchase the property and proposes
a development project as follows:
on said
Property, which development carries the proposed name of d
and is
hereafter referred to as “Development”; and
WHEREAS, Developer
with the City a request for a
) 193,
&- c&e
hereinafter referred to as
u I
“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 Pohcy No. 17, dated 4
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;
Form Approved
By City Council July L 1991
Reso # 91-194/KJH
2 Form 18
per Jane Mobaldi, Rev ouuI%
- . 1289
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.
/c‘
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 shah 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 Chvner 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 mobilehome 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 Chvner 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 21 of the Carlsbad Municipal
Code.
Form Approved
By City Council July 2, 1991
Rex, # 91-194KJH
3 Form 18
per Jane Mobaldi, Rev 02~2296
1290
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.
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 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
Form Appmvcd
By City Council July Z 1991 Reso # 91-KWKJH
4 Form 18
per Jane Mobaldi. Rev UXZ/%
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.
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.
. . . .
. . . .
. . . .
ch . . . .
Form Approved
By City Council July 2. 1991
Reso C OI-194KlH
Form 18
per Jane Mobaldi, Rev WY%
1292
IN WITNESS WHEREOF, this agreement is executed in San Diego County, California
as of the date first written above.
Rabin B,. Graham for City Manager
(print name)
Presideak of
Corporate General Partner
(title)
By:
-
Susan J. Graham
(print name)
Secretary of
Corporate General Partner-
(title)
DEVELOPER:
(signature)
klkbbt RI ’ SH wavj
(print name)
(title and organization of signatory)
(signature’)
.-
‘(title and orghization of signatory)
ATTEST:
ALETHA L. RAThENKRANZ, City C&k
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
BY ,
(Notarial acknowledgement of execution of
DEVTTLOPER and OWNER 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 certifid by the secretary or
assistant secretary under corporate seal empowering that officer to bind the corporation.)
Fom AQQTOV~
By City Council July 2, 1991
Reso # 91.194KlH
6 Form 16
per Jane Mobaldi, Rev WZf%
EXHIBIT A
1293
LEGAL DESCRIPTION I
Parcel A:
Lot 4 of Carlsbad Tract No. 83-10, in the City of Carlsbad, County of San Diego, State
of California, according to map thereof No. 10738, filed in the Office of the County
Recorder of San Diego County, October 17,1983.
Excepting therefrom all oil, gas and mineral rights in a portion of the herein described
property, without, however, the right to drill, mine, explore and operate through the
surface of the upper 100 feet of the subsurface of said property or otherwise in such
manner so as to interfere with the use or proposed use of said property, or in any
manner as to endanger the safety of any airport or building or structure that may be
contained on said property or proposed to be constructed on said property as reserved
in instruments recorded February 17, 1958 in Book 6952, Page 391 and April 3, 1974
as File/Page No. 74-083015 both of Official Records.
Parcel B:
An easement for private access and utilities over, under and across those portions of
Lots 5 and 6 of said Carlsbad Tract No. 83-10, Map No. 10738, lying within the areas
delineated and designated thereon as “proposed 40’ private access and utility
easement for Lots 1, 2, 3,4, and 6” and “Proposed Private Access and Utility Easement
Over, Under and Across Lot 6 for Lots 1, 2, 3,4 and 5”.
Parcel C:
A right of way and easement of enjoyment in and to the common area Lots 5 and 6 of
said Carlsbad Tract No. 83-10, Map No. 10738. Said rights of way and easement is
hereby declared appurtenant to and for the use of benefit of the present and future
owners of all or any portions of Lots 1 through 4 inclusive, of said Carlsbad Tract No.
83-10, Map No. 10738
.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 1294
STATE OF ChFORNIA
COUNTY OF FAN DIEGO
On May 29, 1996, before me, Mildred R. Osborn, Notary Public, personally
appeared Robin B . Graham and Susan J . Graham , PC] personally known to me -erf-j
proved-&-me-en-fhebasisof-satisfactaryevidence to be the person(s) whose name(s) -is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
h&her/their authorized capacity(ies), and that by hi&her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WTTNESS mv hand and official seal. -__ .-...- -‘-, _--_-- -_-- -----_-_ -_-_
(Signature of Notary)
Form AQQmved
By City Council July 2, 1991
Reso + 91-SWKJH
8 Form 18
per Jane Mobaldi, Rev W2U%
-. _ : . - .
.I . . .
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 1295
P
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
C?$$, m, IqqG before me, WtA Kl @i mtd Notary Public, personally
appeared h d. Sed m4-0 a G 42+ sA+* ersonally known to me - or [ ]
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITN&lZQ my hand and official seal.
(Signature of Notary) ”
Fom Approved
6y Ciy Council July 2. 1991
Reso 4’ 91-194KJH
8 Form 18
per Jane Mobrldi, Rev OM396