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HomeMy WebLinkAboutGPA 89-04; Carlcannon Associates LP; 89-626238; Public Facilities Fee Agreement/ReleaseRECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, California 92008 ParCel NO. 21 l-010-24 and 71 l-010-73 (portion) AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this -7th day of.-ug-., 1%x by and between CARLCANNON ASSOCIATES, L.P. m (Name of DeveloperTOwner) a Limited Partnership ' (Corporation, Partnership, etc.) hereinafter referred to as "Developer" whose address is 4401 Manchester Ave., Ste. 206, Encinitas, CA 92024 (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 Elm Avenue, Carlsbad, California, 92008. WITNESSETH: optionee leaseh lder WHEREAS, Developer is the pyy917 o / the rea? property described on Exhibit n “. A l , 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: REV 3-l-88 ghoppinq mall and hotel on said Property, which development carries the proposed name of The Car&bad Promendade and is hereinafter referred as "Development"; and WHEREAS, Developer filed on the 1' day of Augllst , 1989, with the City a request for GPA/LCPA 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 js 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 5;1 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. REV 3-l-88 2 . 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. 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 pub1 ic 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. REV 3-l-88 * 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 development will not be consistent wiJh the General Plan and any approval or permit for the Development shall be void. No building or other construction permit or enti-tlement 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. REV 3-l-88 4 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 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 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 in the Property. When the obligations of this agreement have been satisfied, City shall .record a release. REV 3-l-88 5 779 IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as bf the date first written above. DEVELOPER-OWNER: I;larlcannon Associates. L.P.' (name) T COMPANY By: (Title) ATTEST: ALETHA L. RAU APPROVED AS TO FORM: CITY OF CARLSBAD,,a municipal corporation of the State of California By: For City Manager City Attorney m (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) . REV 3-l-88 STATE OF CALIFORNIA COUNTY OF. .mm~w -D-I-EGO I , JSS. on- ~~ ~~ - All!pls.t 'I ~ -19am ~~ .~ _~ -~ , before me, the undersigned, a Notary Public in and for said State, personally appeared- .~~ ~~ ~Chr~tQp_her_~~[l.,-lZalkins - --~ -~ ~. -~&I#f ..~_. ~, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as--- ~~- ~- ~. .~~. ~. --.~ ~ ~.-_- -Presider#&!.--. _~ --&!c/epp, on behalfof.~l~~~t Azmpam&-- ---- .---- ---I---.~. the corporation therein named, and acknowledged to me that said corporation executed the within instrument pursuant to its by- lawsora resolutionof itsboardof directors,saidcorporation being p ; &Z known to me to be one of the partners of- I SmiWr.L.P,----, G the partnership that executed the within Instrument, and ack- m, nowledged to me that such corporation executed the same as .Q such partner and that such partnership executed the same. In -. 8 WITNESS my hand and official seal. m (This area for official notarial seal) - (f;/f/{,@T \‘A0 - 781 THAT PORTION OF THE FOLLOWING DESCRIBED REAL PROPERTY WHICH IS DEPICTED ON EXHIBITS A & B TO THE FOLLOWING DESCRIPTION: PARCEL A: THAT PORTION OF LOT "H" 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, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: ALL THAT PROPERTY SHOWN AND DESIGNATED AS ASSESSORS PARCEL NUMBERS 211-010-23 AND 211-010-19. PARCEL B: ALL THAT PORTION OF RANCH0 AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN ON PARTITION MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, NOVEMBER 16, 1896, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT THE CORNER COMMON TO LOTS "F", "H" AND "I" OF SAID RANCH0 AGUA HEDIONDA, SAID CORNER BEING KNOWN AS POINT 6 OF LOT "F" AND ALSO BEING AN ANGLE POINT IN THE EASTERLY LINE OF THE LAND DESCRIBED IN A DEED FROM GROVER C. JACOBSEN, ET AL, TO THE SAN DIEGO GAS AND ELECTRIC COMPANY, A CORPORATION, RECORDED MAY 2, 1952 IN BOOK 4456, PAGE 49 OF OFFICIAL RECORDS OF SAID COUNTY OF SAN DIEGO: THENCE SOUTH 0'34'51" EAST ALONG THE EASTERLY LINE OF THE SAN DIEGO GAS AND ELECTRIC COMPANY'S LAND SO DESCRIBED, 1318.39 FEET (RECORD SOUTH 0'34' EAST, 1319.22 FEET) TO A POINT KNOWN AS POINT 7 OF SAID LOT "F" t SAID POINT 7 BEING ALSO AN ANGLE POINT IN THE EASTERLY BOUNDARY OF THE HEREIN DESCRIBED SAN DIEGO GAS AND ELECTRIC COMPANY'S LAND; THENCE 'CONTINUING ALONG THE BOUNDARY OF SAID SAN DIEGO GAS AND ELECTRIC COMPANY'S LAND, NORTH 89'29'13" EAST, 1865.50 FEET (RECORD NORTH 89'28' EAST, 1865 FEET) TO A,POINT KNOWN AS POINT 8 OF SAID LOT "F" (1865 FEET IS THE DISTANCE SHOWN IN PARTITION DEED FROM JOHN L. KELLY, ET AL, TO CHARLES KELLY DATED NOVEMBER 4, 1896, RECORDED NOVEMBER 16, 1896 IN BOOK 255, PAGE 282 OF DEEDS, RECORDS OF SAN DIEGO COUNTY, SAID PARTITION MAP NO. 823 SHOWS DISTANCE TO BE 1365 FEET); SAID POINT 8 BEING ALSO AN ANGLE POINT IN THE EASTERLY BOUNDARY OF THE HEREIN DESCRIBED SAN DIEGO GAS AND ELECTRIC COMPANY'S LAND; THENCE LEAVING THE BOUNDARY OF THE HEREIN DESCRIBED SAN DIEGO PAGE 19 - I 782 -,._+ , -’ -- , 5. -* : + ..’ ., .I _ ’ FORM 1402 ORDER NO. 984386-15 ALTA OWNER'S POLICY WESTERN REGIONAL EXCEPTIONS GAS AND ELECTRIC COMPANY'S LAND, NORTH 6'48'36" EAST, 1218.96 FEET TO A POINT ON THE NORTHERLY LINE OF A PORTION OF SAID LOT "F", BEING ALSO A POINT ON THE NORTHERLY LINE OF THE PROPERTY CONVEYED TO IRWIN J. KELLY, BY DEED FILED IN THE REGISTRAR OF LAND TITLES ON DECEMBER 2, 1918 AS FILE NO. 779 OF DEEDS: THENCE NORTH 87'25'01" WEST ALONG THE NORTHERLY LINE OF THE HEREIN DESCRIBED IRWIN J. KELLY LAND BEING ALSO ALONG THE NORTHERLY LINE OF A PORTION OF SAID LOT "F", A DISTANCE OF 2025.08 FEET TO THE POINT OF BEGINNING. THAT PORTION OF LOT 'H" 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, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF A LINE WHICH IS PARALLEL WITH AND DISTANT 2000 FEET AT RIGHT ANGLES SOUTHERLY FROM THE SOUTHERLY LINE OF BLOCK "V" OF PALISADES NO. 2, ACCORDING TO THE MAP THEREOF NO. 1803, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 25, 1924, THE BEARING OF WHICH PARALLEL LINE AND ITS WESTERLY PROLONGATION THEREOF IS RECORDED AS NORTH 72'25'00" EAST ON SAID MAP OF SAID PALISADES NO. 2, WITH THE WESTERLY LINE OF THE RIGHT OF WAY OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, AS SAID- RIGHT OF WAY WAS ESTABLISHED ON SEPTEMBER 22, 1948; THENCE SOUTHERLY ALONG SAID WESTERLY LINE OF THE RIGHT OF WAY OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, A DISTANCE OF 2755.18 FEET: THENCE PARALLEL WITH A PORTION OF THE SOUTHERLY BOUNDARY OF THE JACOBSEN LAND HEREIN AFTER DESCRIBED NORTH 66'54'10" EAST, 50.00 FEET TO THE CENTER LINE OF SAID RAILWAY RIGHT OF WAY: THENCE ALONG SAID CENTER LINE SOUTH 23'06'00" EAST, 60.00 FEET TO AN ANGLE POINT IN THE SOUTHERLY BOUNDARY OF THE LAND DESCRIBED IN QUITCLAIM DEED FROM PAUL ECKE, ET UX, TO GROVER C. JACOBSEN, ET AL, RECORDED APRIL 29, 1948 IN BOOK 2778, PAGE 341 OF OFFICIAL RECORDS; SAID POINT BEING HEREIN DESIGNATED AS POINT "T"; THENCE ALONG SAID SOUTHERLY BOUNDARY OF SAID LAND AS DESCRIBED NORTH 66'54'10" EAST, 1770.00 FEET TO A SECOND ANGLE POINT IN SAID BOUNDARY; THENCE LEAVING SAID BOUNDARY, CONTINUING NORTH 66'54'10" EAST, 17.00 FEET; THENCE NORTH 23'05'05" WEST TO THE SOUTHWESTERLY AND SOUTHERLY BOUNDARY OF THE SWAMP OR OVERFLOW LAND KNOWN AS THE LAGOON BED AS SAID BOUNDARY WAS LOCATED ON SEPTEMBER 28, 1948; THENCE NORTHWESTERLY AND WESTERLY ALONG SAID SOUTHWESTERLY AND SOUTHERLY BOUNDARY OF SAID SAVANGE LAND TO THE EASTERLY LINE OF SAID ATCHISON, TOPEKA AND SANTA FE RAILWAY RIGHT OF WAY: THENCE SOUTHERLY ALONG SAID EASTERLY LINE OF RIGHT OF WAY TO SAID LINE WHICH IS A LINE WHICH IS PARALLEL WITH AND DISTANT 2000 FEET AT RIGHT ANGLES SOUTHERLY FROM THE SOUTHERLY LINE OF BLOCK "V" OF PALISADES NO. 2, ACCORDING TO THE MAP THEREOF NO. 1803; THENCE PAGE 20 .$ AME&, \” c -7 < ; _^:’ -6 ..’ I . ‘&.” .‘. . . _ ‘.. .., (, 2: (8. . FORM 1402 ORDER NO. 984386-15 ALTA OWNER'S POLICY WESTERN REGIONAL EXCEPTIONS ALONG SAID PARALLEL LINE SOUTH 72'25'00" WEST TO THE POINT OF BEGINNING. EXCEPTING THEREFROM ALL THAT PORTION LYING WESTERLY OF THE EASTERLY LINE OF THAT LAND DESCRIBED IN-DEED TO THE STATE OF CALIFORNIA, RECORDED MARCH 20, 1969 AS FILE NO. 48604 OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM ALL THAT PORTION LYING WESTERLY OF THAT COURSE DESCRIBED AS SOUTH 16"04'40" EAST, 362.38 FEET IN THE FINAL ORDER OF CONDEMNATION RECORDED MAY 2, 1952 IN BOOK 4456, PAGE 192 OF OFFICIAL RECORDS. EXCEPTING THEREFROM ANY PORTION OF PARCELS A, B AND C ABOVE LYING BELOW THE MEAN HIGH TIDE LINE OF AGUA HEDIONDA LAGOON. ?83 PAGE 21 r ,jl .:, ;q ” z ;, . , , :: ,.I L > :; D c; 2 D I,. -. ?1 (” ,lVJ /fl P *of / < 2: t? .oc5 #d $9 $0 *: i 3’ . I -.“, t ‘L 1 ‘;: =: .Y : ‘\ *a 4 y $>J&+‘J ;3 ri ..-i I-T :t_,*.,-- L.‘-Qk Uh \ .*,;:, - z* k* ., uj .a-. , =: . 9-5 :. PI ', ;. -. 3 \i'.". 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