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Home My WebLink AboutCUP 96-19; Marriott Senior Living Services Inc; 1997-0055230; Public Facilities Fee Agreement/Releasei ’ , I e c t 1997~0#55230 Fr-.h O-7-FEE-1997 #9=42 AM OFFICIAL RECORDS SAN DIEM COUNTY RECORDER’S OFFICE GREWRY SllITH 1 F;&TY RECORDER : 0.00 RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: ) 1 City Clerk ) CITY OF CARLSBAD ) 1200 Carlsbad Village Drive Carlsbad, California 92008- 1989 ; Space above this line for Recorder’s use 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 4th dayof September ,1996 ) by and between (name of developer) Marriott Senior Livinq Services, Inc. a (corporation, partnership, etc.) Corporation 3 hereinafter referred to as “Developer” whose address is (street, ci@, state, zip code) 3130 South Harbor Boulevard, Suite 430, Santa Ana, CA 92704 and (name of legal owner) HSP El Camino North, Inc. a (individual, corporation, etc.) Corporation , hereinafter referred to as “Owner” whose address is (street, city, state, zip code) 8530 Wilshire Boulevard, Suite 509, Beverly Hills. CA 90211 . 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 Resolution No. 9 l-1 94KJH Form 18 Per Jane Mobaldi, Rev. 01/l l/96 , , 347 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: 140 unit, *84,000 sf. assisted living, skilled nursinq and special dimensia unit on said Property, which development carries the proposed name of Brighton Gardens and is hereafter referred to as “Development”; and WHEREAS, Developer tiled on the 4 t h dayof September ., 19 96 -7 with the City a request for Conditional Use Permit, Hillside Development Permit, and Special 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 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; 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. Form Approved By City Council July 2,1991 2 Form 18 Resolution No. 9 l-1 94KJH Per Jane Mobaldi, Rev. 01/l l/96 348 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 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 Owner 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 2 1 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 Form Approved By City Council July 2, 199 1 3 Form 18 Resolution No. 9 1 - 194KJH Per Jane Mobaldi, Rev. 01/l l/96 349 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 suffkient 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 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. Form Approved By City Council July 2, 1991 Resolution No. 91-l 94/KJH 4 Fonu 18 Per Jane Mobaldi, Rev. 01/l l/96 -. /1 350 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 fust 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. . . . . . . . . . . . . Form Approved By City Council July 2,199l Resolution No. 9 I- 194/KJH Form 18 Per Jane Mobaldi, Rev. 01/l l/96 - - 351 . IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. OWNER: HSP EL cAMIN NOK!X, INC. William F. Tisch (print name) Vice President/Assistant Secretary (title) BY: (signature) (print name) CITY OF CARLSBAD, a municipal corporation ATTEST: APPROVED AS TO FORM: RONALD R. BALL, City Attorney (title) DEVELOPER: Marriott Senior Living Services, Inc. (“MSLS”) (name of developer) By: (signature) Edward L. Bednarz (print name) Vice President, MSLS (title and organiption of signatory) Kevin E. Montano (print name) Assistant Secretary, MSLS (title and organization of signatory) (Notarial acknowledgment of execution of DEVELOPER and OWNER must be attached). (President or vice president &NJ secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation) Fotm Approved By City Council July 2,199l Resolution No. 9l-194/KJH 6 Fotm 18A Per Jane Mobaldi, Rev. 01/l l/96 EXHIBIT “A” LEGAL DESCRIPTION PARCEL A: 352 PARCELS 2 AND 4 OF PARCEL MAP NO. 13206, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO, MARCH 14, 1984, AS FILE/PAGE NO. 84- 0921419 OF OFFICIAL RECORDS. PARCEL B: PARCEL 3 OF PARCEL MAP NO. 13206, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA, TOGETHER WITH A PORTION OF LOT 5 IN SECTION 32, TOWNSHIP 11 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, ALL BEING IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHEASTERLY PROLONGATION OF THE NORTHWESTERLY LINE OF SAID PARCEL 3, BEING ALSO THE NORTHWESTERLY LINE OF THE RANCH0 AGUA HEDIONDA AS SHOWN ON CARLSBAD TRACT NO. 72-2 1, UNIT 1, ACCORDING TO MAP THEREOF NO. 765 1, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SAID POINT BEING DISTANT ALONG SAID NORTHWESTERLY LINE NORTH 32”56’12” EAST 194.76 FEET FROM THE MOST EASTERLY CORNER OF PARCEL 2 OF PARCEL MAP NO 8586, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE SOUTH 32”56’12” WEST 16.66 FEET TO SATD MOST NORTHERLY CORNER OF SAID PARCEL 3; THENCE ALONG THE BOUNDARY LINE OF SAID PARCEL SOUTH 57” 03’48” EAST 200.00 FEET; THENCE CONTINUING ALONG SAID BOUNDARY LINE SOUTH 32” 56’12” WEST 270.63 FEET; THENCE SOUTH 5 l”39’59” WEST 121.46 FEET TO THE RIGHT-OF-WAY LINE OF EL CAMlNO REAL; THENCE ALONG SAID RIGHT-OF-WAY AND BOUNDARY LINE NORTH 38”20’01” WEST 20.00 FEET; THENCE LEAVING SAID RIGHT-OF-WAY LINE AND CONTINUING ALONG SAID BOUNDARY LINE NORTH 51”39’59” EAST 118.17 FEET; THENCE NORTH 32”56’12” EAST 77.33 FEET; THENCE NORTH 51”03’48” WEST 180.00 FEET; THENCE NORTH 32”56’12” EAST 11.90 FEET TO THE MOST EASTERLY CORNER OF PARCEL 2 OF SAID PARCEL MAP NO. 8586; AND THE HELIX OPEN SPACE PROPERTY; THENCE ALONG SAID BOUNDARY LINE NORTH 04”19’29” WEST 408.23 FEET TO THE NORTHEAST CORNER OF SAID PARCEL 2; THENCE LEAVING SAID BOUNDARY LINE SOUTH 29” 17’40” EAST 279.33 FEET TO A POINT ON THE SOUTHERLY LINE OF HELIX OPEN SPACE AND THE NORTHWESTERLY LINE OF LOT 387 OF MAF NUMBER 10121, FTLED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; SAID POINT BEING DISTANT THEREON NORTH 32”56’12” EAST 16.66 FEET; THENCE ALONG SAID BOUNDARY LINE SOUTH 32”56’12” WEST 16.66 FEET TO THE TRUE POINT OF BEGINNING. Form Approved By City Council July 2,199l Resolution No. 91-194/KJH 7 Form 18A Per Jane Mobaldi, Rev. 01/l l/96 STATE OF MARYLAND 353 COUNTYOF T;IONTGOMERY On Notary Public, personally appeared , [1/1 personally 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 author&d 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. ~~~ offkial seal. -(Sigua.itire of Notary) Form Approved By City Council July 2,199l Resolution No. 9 1 - 194/KJH Form 18A Per Jane Mobaldi, Rev. 01/l l/96 STATE OF C&M%W%A COUNTY OF V 354 Notary Public, personally appeared J K-, , *, t: -fl\ ’ ; I ; ,k \ 7 4 qj, fl..:#, j ‘(“, \,’ , [ JI personally 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. seal. Form Approved By City Council July 2,199l Resolution No. 9 1-I 94KJH Form 18A Per Jane Mobaldi. Rev. 01/l l/96 , ’ .’ ; . CALliCiRNlA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State of c?L/Foprv//; . County of =A+4 LF 6, 355 . On 4- 3 -?d before me, fidv z @40&N NU 75(LRy-&&&c DATE NAME, TITLE OF OFFICER - E.G., “JANCDOE, NOTARY PUSLfC personally appeared &I ?Y09A rt 77 P Wf , d NAME(S) OF SIGNER(S) personally known to me - OR - q 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 ac- knowledged 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. WITNESS my hand and official seal. OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT - TITLE(S) A?Een79/~ TITLE OR TYPE OF DOCUMENT 0 PARTNER(S) 0 LIMITED 0 GENERAL -7’ 0 ATTORNEY-IN-FACT NUMBER OF PAGES ; TRUSTEE(S) u GUARDIAN/CONSERVATOR 0 OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) P 45L PAMf/jo /t/b &7ivz7v-L , SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION l 8236 Remmet Ave., P.O. Box 7184 l Canoga Park, CA 91309-7184