HomeMy WebLinkAboutGPA 57A; Elm Properties; 81-385901; Public Facilities Fee Agreement/Release\- .
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‘;; Xi EIICI Ave. !=,rls:*?d, CA 92008 A&EEMEN;r BETWEEN DE'~~LOPER-Gk%Ell AN&THE CITY OF CARLSBAD FOR THE SAYXENT OFaA PUBLIC FACILITIES FEE . .
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TEIS AGREEMENT is entered into this 25th day 03 Sfq&g&er* -*
i.3 80 , by ad between Elm Properties,
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(Partners; E.L. Fogal, W.F. Strong, W.C. Lcrsardi). I (name of developer-owner) ,
Partnership' . a ,hereinafter referred-to as (Corporation, partnership, etc.)
?Deveioper", whose address is P.O. Box 2068 t (street) . .
Ranch0 'Santa Fe, CA. 92067 '
(City, state, zip code) t and THE CITY OF
CARLSBAD, a municipal corporation of the State of California,
pereinafter referred to. as "City", whose address is 1200 Elm
Avenue, Carlsbad,. California, 92008. . .
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. .WEIEREAS, Developer is the owner of the real property described
on Exhibit-"A", attached hereto and ma.de a part of this agreement,
hereinafter referred to as "Property"; and
WHEREAS, the Property lies within the boundaries of City;
-and N.E. corner of El Camino Real.and Elm Avenue. (S.ee map attached). -‘
WHEREAS, Developer proposes a development project as follows:.
113,000 sq. ft. Office/Professional
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Yt!ixi&*A$r. ChElk'X I
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- . . $ b 3 83
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on said Property, which development carries the proposed name
of Elm Properties
and is hereafter referred to as "Development"; and a
WHEREAS, Developer filed on the 2&k day of- .r I
19 80 , -- with the City a request for General Plan mu-t a nd
re-zoning. - GpA 57(A) ,
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(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
.I WHEREAS, Developer and City'recognize the correctness of
. Council Policy No. 17, dated August 29, 1979, 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
l - facilities and services will be available to me&t the future
. needs of the Development as it is presently proposed: but the
Developer is aware that th e City cannot and will not be dble to
make any such finding without financial assistance to pay for I
such services and facilities: and, therefore, Developer proposes . * . 2 .
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to help satisfy the General Plan as implemented by Council Policy
No. 17 by payment of a public facilities fee.
l 'NOW, THEREFORE, in consideration of the recitals and the
avenants contained herein, the parties agree as follows:
3.. The Developer shall pay to the City a public facil'ities
fee in an amount not to exceed '2% of the building 'permit valuation
. of the buildings or structures to be constructed in the Development
pursuant to the Request. The fee shall be paid prior, to the
issuance of building or
ment and,shall be based
shall be in addition to
other construction permits for the develop-
on the valuation at that time. This fee
any fees, dedications or improvements .
I required pursuant to Titles 18, 20 or 21 of the Carlsbad Municipal
Code. A credit toward such fee shall be given for land which has
been dedicated for park purposes or for any fees paid in lieu
. thereof pursuant to Chapter 20.44 of the Carlsbad Municipal Code.
Developer shall pay a fee *for conversion of existing buildings or .
structures into condominiums
building permit valuation at
condominium conversion shall .
in an amount not to exceed 2% of the
the time of conversion. The fee for a
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 construc&.on
pekmits", "other construction permit"'and "entitlement for use" as
. used in this agreement, exceptin 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 pri& to the use or occupancy for which
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the development is intended. Developer .
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shall pay to 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 ok- &her construction permits for the
development. This fee shall be in
or improvements required according
. Car&bad Municipal Code. A credit
addition to any fees, dedications-
to Titles 18, 20 or 21 of the
toward such fee shall be given
for land which has been dedicated for park purposes or for any fees
paid in lieu thereof pursuant to Chapter 20.44 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 an5 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 agree-,
ment. 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
servicesI and the Development @ll not be consistent with the
General Plan and any approval or permit for the Development shall
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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. . l . -
4. City agrees to deposit the fees paid pursuant to this . \ *agreement-in a public facilities fund for the financing of public
. fatiilities when the City Counci+ 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 w .-.
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
, writincj, 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-here@,
,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
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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 inure to
the benefit of, and shal.1 apply to, the respective successors and
assigns of Developer and the City, and references to Developer
. or City herein shall be deemed to be 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 of Developer's
interest in the Property shall have first assumed in writing the
Developer's obligations hereunder.
9. This agreement shall be recorded.but shall not create
a lien or security interest on the Property. When the obligations
. of this agreement have been satisfix.1, City shall record a release.
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. iN WITNESS WEEREOF, this agreement is.executed in San Diego
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County, California as of
'DEVELOPER-OWNER:
the date first written above. I
CITY OF CARLSBAD, a municipal corporation of the State of California
City Manager.
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Para ~~~j~ieStrOnG.
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ATTEST: . _a , a
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. . (Notarial acknowledgement of execution by DEVELOPEi-OWNER must be attached.)
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TO I*.* CA (0.74,
(tint of Partnership)
STATE OF CALIFORNIA
COUNTY OF San Diego ss. -
on September 25, 1980 before me, the undersigned, a Notary Public
in and for said state, personally appeared E. L. Fogal a;d W. F. Strong
known to me to be the agent of the partnership that executed the within instrument and acknowledged to md
thatthe executed the same for and on behalf of said
partnership and that said
WITNESS my hand
Siiature
(This area for oflkial notarial seal)
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EXHIBIT “A”
LEGAC'OESCRIPTIOM
Area No. 1: Parcel No. i of Parcel Map No. 7990,- Recorded in the Office of the San Diego County Recorder on October 27th, 1978. _ File No. 78-466457. - Net Acerage: 6.827
Area No. 2: See Legal Description Attached.
Area No. 3: See'Legal Description Attached. i
Total Net Acreage: 7.965
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THAT PORTION OF LOT "J" OF &RANCH0 AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO PARTITION MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEXBER
16, 1886 THAT IS WITHIN THE FOLLOWING DESCRIBED BOUNDARY:
Beginning at the most northerly corner of parcel one of Parcel Map 7990.
Thence North 32' 56' 12" East along the northwesterly line of said Parcel
Map 7990; of distance of 30.00 feet.
Thence South 57" 03' 48" East, a distance of 324.78 feet;
Thence South 12' 48' 04" East, a distance of 211.92 feet to the north-
easterly line of said Parcel one;
Thence along said Parcel one North 20" 56' 22" West, a distance of
200.00 feet;
Thence North 57" 03' 48" West, a distance of 315.00 feet to the point of
beginning of the boundary described.
(Area - 0.289/Acres)
Reference 1532-K-1 Area 2
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THAT PORTION OF LOT “J" OF RANCH0 AGUA HEIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARTITION MAP THEREOF NO. 832, FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1886 THAT IS WITHIN THE FOLLOWING DESCRIBED BOUNDARY:
Beginnig at the most westerly corner of parcel 1 of Parcel Map 7990 said point also being on the northeasterly line of El Camino Real as shown on road Survey 1800-65.
Thence South 38' 20' 01" East along the said El Camino Real a distant of 30.46 feet to the TRUE POINT OF BEGINNING:
Thence continueing along said El Camino Real South 42' 42' 16" East a Distance of 424.75 feet to the beginning of a tangent 625 foot radius circular curve concave southwesterly;
Thence southerly along the arc of said curve thru a central angle of loo 12’ 16" for a distance of 111.31 feet;
Thence South 32O 30' 00" East a distance of 507.93 feet to the beginning of a tangent 35 foot radius circular curve concave northeaster1
Thence southerly along the arc of said curve thru a central angle of 37O 02' 23" for a distance of 22.63 feet to a point of cusp being on the arc of a 642 foot radius curve concave southerly a radial line to said point bears North 9" 43' 26" West;
Thence westerly along the arc of said curve thru a central angle of 01° 23' 41" for an arc distance of 15.63 feet;
Thence South 78" 52' 53" West a distance of 41.44 feet to the beginning of a tangent curve having a radius of 35 feet concave north- easterly;
Thence northwesterly along the arc of said curve thru a central angle of 76' 16' 23" for an arc distance of 46.59 feet to a point of tangency with a 3063 foot radius reverse circular curve concave southwesterly;
Thence northwesterly along the arc of said curve thru a central angle of 13" 29' 17" for a distance of 721.06 feet;
Thence North 38' 20' 01" West a distance of 281.68 feet to the TRUE POINT OF BEGINNING of the boundary described.
(.Area=0.849 Acrea)
Reference 1532-K-1
Area 3