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'.". "'- , *.t,-&YC \ $; -;I*-"
i .v ‘ ?j 384 <-.
1 r
pi:, .; (,‘,,.
.:
f
1 .
1: : ! ; : i
- ; ,;. .: _ I : j I T ,- .3 : 2 ? r ii .za$,.r,.~ ‘$:,i ;[l;,;:; _ 2<crr. -ii- -_ I i” ? 1 y’;“i, t i, *1- : : _ i 2 -;ja vi I 0
I r3 - 4 - r-d
785
x u
: ,
? b
(s
la
% ;
I
% ,
6 ‘\
; \’ w 4
; L
ul T
v
i -. i
i:
.i
5. .c:
;-r-
.
I
I ‘zi p 8
I w-2-
\ ’
zc m I c3 b-i P II I M /b. I 1 cl3
!
4
I
2
0
I /
-n I
P
* I
C
L
; 4 : c _
. I 787 - - : . * ..*,.. *,: .‘. . : . . ,- . . . . . . . . -2. , ., ._ . _ . ;: h,’ ,i. &.;.k.:,-., ~LAL.LLL?-:.;L~~~: ;r.;:yj ---; .._.__ _ _ ..- .--7. .-
\ NONhGRICULTUl?AL LAND
IHE PRECISE ARE&S OF tJONAGRICULTUFW CANb
StlOkiN ON Tt-IJS 5KE’ICH ARE TO BE DETEFWlNEO
PURSUANT 70 SECTION 11.2 OF 7WS OPTION,