HomeMy WebLinkAboutGPA 97-03; Grant Tucker Properties; 1998-0344228; Public Facilities Fee Agreement/Release. *
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RECORDING REQUESTED BY AND )
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! CITY OF CARLSBAD ; 1200 Carlsbad Village Drive
Carlsbad, California 9200% 1989
pm DOE )4 IW-0344228 JUN cmb 1998 4:07 PM
‘i OFFICIAL REcm 5AN DIEill COUNTY RECOiZDm’S [IFFICE GREGORY J. WTH, COUNTY REiIllBER FEES: 37.00
111111111111111 1996-0344226
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 INSIDE THE BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 1
’ Parcel No. 208- 010 - 32
THIS AGREEMENT is entered into this 15 H\ day of m cxw /
by and between (name of developer) Grant Tucker Properties
, 19 7s ,
a (corporation, partnership, etc.) California general partnership , hereinafter referred to as “Developer”
whose address is (street, city, state, zip code) One Corporate Plaza, Newport Beach, CA 92660
and (name of legal owner) Virginia K. Robertson & Everett T. Robefrtson as Trustees for Robertson Family Trust, Virginia K. Robertson as Trustee
P(5z%2il,“~o@~2Z6n, $2) trust(s) , hereinafter referred to as “Owner”
whose address is (street, city, state, zip code) 4565 El Camin Real, Carlsbad~ CA 92008
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, Cat&bad, California, 92008- 1989.
(1) Virginia K. Robertson as Trustee under a declaration of Trust . . .
Form Approved By City Council July 2, 1991
Resolution No. 91-194/KJH Form 18A
Per Jane Mobaldi.Rev.01/11/96
Gft 9?-03/5Df n-1 I /da-
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: a 70,579 square foot neighborhood commercial center
on said Property, which development carries the proposed name of
Tamarack Square
and is hereafter referred to as “Development”; and
WHEREAS, Developer filed on the 15 th day of MaY , 19 98 -) with the
Ci are uestfor a General Plan Amendment from residential (RM) to commercial (N) an?ass%ciated Lone change, Local k acllitles Management kJ'I Amd t s ite Development Plan, Tentative Parcel Map, Special Use Permit, and Condit%ale&~'e~mit 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, 199 1, 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
Resolution No. 91-I 94KJH
2 Form 18A
Per Jane Mobaldi. Rev. 01/l l/96
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 1.82% 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 2 I 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 1.82% 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 $598 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, 1991 3 Form ISA
Resolution No. 91-194/KJH Per Jane Mobaldi. Rev. 01/l l/96
.
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 suffkient 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 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. 91-194/KJH
4 Form 18A
Per Jane Mobaldi. Rev. 01/l 1196
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.
Form Approved By City Council July 2, 1991
Resolution No. 91-194/KJH
5 Form 18A
Per Jane Mobaldi. Rev. 01/l l/96
,-
1803
IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the
date first written above.
OWNER:
BY: f&ciJ $5 -2c?&b& (Signaturd
CITY OF CARLSBAD, a municipal corporation
VIRGINIA K. ROBERTSON
(print name)
Trustee
(title)
EVERETT T. ROBERTSON
(print name)
Trustee
(title)
DEVELOPER:
Grant Tucker Properties
(name ofdeveloper
(signature)
Steven P. Grant
(print name) (Notarial acknowledgment of execution of
DEVELOPER and OWNER must be attached).
Partner
(title and organization of signatory)
BY: %-t----
(signature)
Larry Tucker
(print name)
Partner
(title and organization of signatory)
A-I-I-EST:
APPROVED AS TO FORM:
RONALD R. BALL, City AttomeJ
(President or vice president AND secretary
or assistant secretary must sign for
corporations. If only one officer signs, the
coporation must attach a resolution certified
by the secretary or assistant secretary under
corporate seal empowering that officer to
bind the corporation)
Form Approved By City Council July 2, 1991
Resolution No. 9 I- 194/KJH
Form 18
Per Jane Mobaldi, Rev. 01/l l/96
FORM NO. 1068-2 (REV. 7/90) 1140175-20
COMMITMENT
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
PARCEL 1:
THOSE PORTIONS OF LOTS "E" AND "I" OF RANCH0 AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, LYING
NORTHEASTERLY OF THE NORTHEASTERLY BOUNDARY OF COUNTY ROAD SURVEY NO. 1800-l (KNOWN AS EL CAMINO REAL), ACCORDING TO OFFICIAL PLAT THEREOF ON FILE IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY.
EXCEPTING THEREFROM THAT PORTION THEREOF LYING NORTHERLY AND
NORTHWESTERLY OF THE SOUTHERLY AND SOUTHEASTERLY LINES OF THAT PROPERTY DESCRIBED IN TTUiT CERTAIN FINAL ORDER OF CONDEMNATION RECORDED FEBRUARY 11, 1982 AS FILE NO. 82-038531 OF OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM THAT PORTION THEREOF LYING NORTHEASTERLY AND EASTERLY OF THE SOUTHWESTERLY AND WESTERLY LINES OF THAT PROPERTY DESCRIBED IN THE EASEMENT DEEDS TO SAN DIEGO GAS AND ELtECTRIC COMPANY RECORDED IN BOOK 4874, PAGE 118 AND RECORDED JUNE
16, 1966 AS FILE NO. 98887, BOTH OF OFFICIAL RECORDS.
TOGETHER WITH THOSE PORTIONS OF SAID LOTS "E" AND "I" DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE WESTERLY LINE OF SAID EASEMENT DEED TO SAN DIEGO GAS AND ELECTRIC COMPANY RECORDED IN BOOK 4874, PAGE 148 OF OFFICIAL RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER WITH THE NORTHEASTERLY LINE OF SAID COUNTY ROAD SURVEY NO. 1800-~1 (KNOWN AS EL CAMINO REAL); THENCE NORTH 12O17'22" EAST 3.09.33. FEET ALONG SAID WESTERLY LINE TO THE TRUE POINT OF BEGTNNING; THENCE LEAVING SATKI WESTERT'Y LINE NORTH 4OO48'42" EAST 8.27 FEET TO THE BEGINNING OF A CURVE CONCAVE WESTEKLY AND HAVING A RADIUS OF 102 FEET; THENCE NORTHERLY 118.40 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 66"30'30" TO A NON-TANGENT LINE; THENCE SOUTH 64O18'12" WEST 2.00 FEET TO THE SOUTHWESTERLY LINE OF SAID EASEMENT DEED TO SAN DIEGO GAS AND ELECTRIC COMPANY RECORDED JUNE
16, 1966 AS PILE NO. 98887 OF OFFICIAL RECORDS, IN THE OFFICE OF SAID THE COUNTY RECORDER; THENCE SOUTH 25°41'48" EAST 11.14 FEET
PAGE 7
,,(,,. ., ;; :‘:;. . ...;‘:,, :‘?‘, :, ;C.” -. . woz:IT 86-Pi-ICeW
lb&
FORM NO. 1068-2 (REV. 7/90) 1140175-20
COMMI TMEN’I
ALONG SAID SOUTHWESTERLY LINE TO SAID WESTERLY LINE; THENCE SOUTH 12OL7'22" WEST 108.73 FEET TO THE TRUE POINT OF BEGINNING.
ALSO TOGETHER WITH THOSE PORTIONS OF SAID LOTS NE" MD III,,
DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE WESTERLY LINE OF SAID
EASEMENT DEED TO SAN DIEGO GAS AND ELECTRIC COMPANY RECORDED IN BOOK 4874, PAGE 148 OF OFFICIAL RECORDS, IN THE OFFICE OF SAID
COUNTY RECORDER WITH THE NORTHEASTERLY LINE OF SAID COUNTY ROAD
SURVEY NO. 1800-l(KNOWN AS EL CAMINO REAL); THENCE NORTH 12"17'22" EAST 218.06 FEET ALONG SAID WESTERLY LINE TO THE SOUTHWESTERLY LINE OF THE EASEMENT DEED TO SAN DIEGO GAS AND ELECTRIC COMPANY RECORDED JUNE 16, 1966 AS FILE NO. 98887 OF SAID OFFICIAL RECORDS; THENCE
NORTH 25O41‘48" WEST 263.80 FEET ALONG SAID SOUTHWESTERLY LINE TO
THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHWESTERLY LINE NORTH 25O41’48” WEST 451.32 FEET; THENCE LEAVING
SAID SOUTHWESTERLY LINE NORTH 64*18'12" EAST 75.00 FEET TO THE NORTHEASTERLY LINE OF SAID SAN DIEGO GAS AND ELECTRIC COMPANY EASEMENT(RECORDED JUNE 16, 1966 AS FILE NO. 98887); THENCE SOUTH 25O41'48" EAST 451.32 FEET ALONG SAID NORTHEASTERLY LINE; THENCE LEAVING SAID NORTHEASTERLY LINE SOUTH 64O18'12" FEET TO THE TRUE
POINT OF BEGINNING.
PAGE 7A
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On May 30, 1997 before me, Susana Padilla
ROBERTSON Notary Public, personally appeared VIRGINIA K- ROBERTON & EVERETT T. / , [x] personally
known to me - or [ ] proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) i&are subscribed to the within instrument and acknowledged to me that &&&e/they
executed the same in h&%&heir authorized capacity(ies), and that by k&ha&heir 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.
(Signature of Notary)
Form Approved By City Council July 2,1991
Resolution No. 9 1 - 194/KJH
Form 18
Per Jane Mobaldi, Rev. 01/l l/96
) STATE OF CALIFORNIA }ss.
COUNTY OF ORANGE 1
On June 5, 1997 , before me, Jana L. Vickery I
personally appeared Steven P. Grant
, 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.
WITNESS my hand and official seal.
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Janas
Comm. #991481 NOTMY PUBLIC CALF -4 -coon
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- %J rrhic IrOD fnr nffirill nn+lrlPl cnal\ \ I111.J “Ix,” I”, uI,,~,y, IIY,Y,,Y, ..--,,
Agreement Between Owner, Developer,and t‘fie.C$ty of
Title of Document ~~~~s~~dt~~rB~~~d~~~~~n~fo~o~~~~~~c~~~~~~~~~~sD~~~r~~~ No. 1
Date of Document
Other signatures not acknowledged
No. of Pages 13
3008 (1194) (General)
First American Title Insurance Company
1 STATE OF CALIFORNIA }ss. COUNTY OF ORANGE 1
On May 14, 1998
personally appeared
, before me, Jana L. Vickery, Notary Public ,
Larry Tucker
, 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.
WITNESS my hand and official seal. (
(This area for official notarial seal)
Agreement Between Owner, Develo Payment of a Public Facilities er and the City of Carlsbad for the
Title of Document community P ee For Outside the Boundaries of Facilities District No. 1
Date of Document
Other signatures not acknowledged
No. of Pages 13
3008 (1194) (General)
First American Title Insurance Company