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HomeMy WebLinkAboutGPA/LU 85-08; Grove Apartments Investments and Odmark Dev.; 85-308358; Public Facilities Fee Agreement/Release. 8 ’ 85-30&.$58 ’ - -- 1 . RECORDING *REQUESTED BTAND*" WREN RECORDED MAIL TO: Rf_CORD~iIl IrJ 1. OFf’i::fr,l- IIECQfIf:;!; + ,‘,!i !;‘F;3 r,r,L’jii y, ;: A/ CITY OF CARLSBAD 1200 Elm Avenue 1985 AL'E 26 AM 9: ii I Carlsbad. California 92008 I VE3A h. L’fLE f Space abov Q!&>ecorder's use .Documentary transfer tax: $ No fee No: FEE tax-firm name City of Carlsbad Parcel No. /$%/f/a '30, /szt-3o/-L)y AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 6 day of August , 19 85 by and between THE ODMARK DEVELOPMENT COMPANY (Name of Developer) a Corporation , hereinafter referred to as (Corporation, partnership, etc.) "Developer" whose address is 1747 Hancock Street, Suite B (Street) San Diego, Ca. 92101 (CltY, State, Zip Code) and H.F.H.,LTD and Grove Apartments Investments Co. (Name of Legal Owner) a Partnership (Corporation, etc.) "Owner" whose address is 10738 West Pica, Suite 3 (Street) Los Angeles, Ca. 90064 (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. REV 4-2-82 RECITALS A &g WHEREAS, Owner is the owner of the real property described on Exhibit "A", attached to and made a part of this agreement, and 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 general plan amendment and Hosp Grove Master Plan amendment to allow professi.onal office uses for Parcel F. on said Property, which development carries the proposed name of Hosts Grove Parcel F and is hereinafter referred to as "Development"; and WHEREAS, Developer filed on the 6 day of August , 19 85, with the City a request for a general plan amendment from -- -- RMH (lo-20 dwelling units/acre)to 0 (professional) and a Master Plan Amendment to allow professional office uses on Parcel F of the Hosp Grove Master Plan. 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 availablerconcurrent with need or such development shall not be approved (said element is on file with the City Clerk and incorporated by this reference); and WHEREAS, Developer, Owner and City recognize the correctness of Council Policy No. 17 dated April 2, 1982, 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 -2- REV 4-2-82 . *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 p~roposed; but the Developer and Owner are aware that the City cannot and will not be able to make any such findings 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. 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 2% 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 2% 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 REV i-2-82 -3- 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 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 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. 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 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 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. REV 4-2-82 . l .d c 862 ‘ ~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 and Owner 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 Requests made by Developer 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 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 may have been designated, postage prepaid and certified. -5- REV 4-2-82 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 the City, and references to Developer, Owner 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. 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 on the Property. When the obligations of this agreement have been satisfied, City shall record a release. -6- REV 4-2-82 ‘, -. c . l : . 864 , IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. OWNER: DEVELOPER: Grove ApartmentsnInvestment,Co. THE ODMARK DEVELOPMENT COMPANY General Partner Grove Apartments Investment Co. General P-r * ATTEST: . A ,f -.. m-c- TITLE corporation of the . APPROVED AS TO I . VINCENT F. BIONDO, JR:, City Attorney , . . (Notarial acknowledgement of execution by DEVELOPER AND OWNER must be . attached.) . -7- REV 4-2-82 . 2 P before me, m ed, a Notary Public in and for said County and State, a L2-bh2. -2, zG%mJ c4 personally appeared , e-3 ; known to me to be them-president, and ___.- s --, known to me to be 2 Secretary of the corporation that executed the ‘Z e within Instrument, known to me to be the persons who executed the B within Instrument on behalf of the corporation therein named, and 5 acknowledged to me that such corporation executed the within V instrument pursuant to its by-laws or a resolution of its board of 4 directors. s * . 7 ?L -il?L&-fi-+ Signature _ Notary Public in and for said County and State TO 449 CA (5-73) (Corporation) FOR NOTARY SEAL OR STAMP - - - - SEAL N “I . .-.. .- - WANDA K. QUlN NOTARV PU5LI.C CAtiFORNlA PWWPAL OFFICE IN SAN DIEGO COUN’IY STATE OF CALIFORNIA San Dieqo COUNTY OF > ss. On August 12, 1985 before me, the undersigned, a Notary Public in and for said State, personally appeared Wanda K. Quinn -, known to me to be the ““-----‘----Byes~errr;amt---------------------- known to me to be ---------- Secretarv of the cornoration that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its bylaws or a resolution of its board of directors. WITNESS my hand and official seal. Signature Q -LbA Perri Lynn davenport OFFICIAL SEAL PERRI i.YNN DAVE,NPOl?T NOTARY PUBLIC - CALIFORNIA SAN DIEGO COUNTY Mv comm. extires JIJN 6. 196f Name (Typed or Printed) (This ama for oWlcial notarial anal) . ,STATE OF CALIFORNIA COUNTY OF Los Anqeles On August 2, 1985 I ks. before me, the undersigned, a Notary Public in and for said County and State, personally appeared -Ered 7~ !%W+IJQ~ Xl personally known to me; Cl proved to me on the basis of satisfactory evidence, to be clnp B.SCHREIBER Name (Typed or Printed) Notary Public in and for said County and State ..--_____ GFFICIAL SEAL 8. SCHREIBER NOTARY PUBLIC - CALIFORNIA PRINCIPAL L’;-me IN I FOR NOTARY SEAL OR STAMP F-2436 MAINE GENERAL PARTNERSHIP PARTNERSHIP AS PARTNER OF AbUTHER PAFCI'NERSHIP 1 STATE OF CALIFORNIA 'COUNIYOF Los Anqeles 1 on August 2, 1985 before me, the undersigned, a Notary public in and for said County and State, personally appeared Robert E. Getz ,per=mlly knowntomtobe one of the partners of H.F.H., LTD. , a partnership, said partnership bekg known t0 me to be one of the partners of Grove Aparbxnts Investment Cmpany thepartnershipthatexecutedtheGZZn mstrument, and acknowledged to me that tiey executed the same as a partner of Grove Aparbrmts Investment Cmpany I and that said last named partnership executed the same. kITNl?SS my hand and official seal. ut-I-Kmu. DCRL SCHREIBER NOT:& P’JBLIC CALIFORNIA PRINCIPAL ;: Tlcf It4 LOS ANGELES COUh~V My Com&&n Exp. Mar. 17, 1969 . y/& B. SCHREIBER votary Public in and for said County and State. - . . . LEGAL DESCRITTION APN # 154-140-30 156-301-04 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 19, 20, 21 and 33 and of Eucalyptus Street in Hosp Eucalyptus Forest Company's Tract No. 1, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1136, filed in the Office of the County Recorder of San Diego County June 8, 1908, described as follows: Commencing at the Southeast corner of said Lot 20; thence along the Easterly line thereof, North 06°58'OO" East 278.00 feet to the True Point of Beginning; thence South 70'28'24" West 505.81 feet: thence North 89'29'00" west 213.74 feet to a point on a non-tangent 462.52 foot radius curve concave Northwesterly, a radial line of which bears South 49'22'30" East to said point; thence Northeasterly along the arc of said curve through a central angle of 05'24'55", a distance of 43.72 feet; thence tangent to said curve, North 35'12'35" East 449.44 feet to the beginning of a tangent 490.00 foot radius curve concave Southeasterly; thence Northeasterly along the arc of said curve, through a central angle of 37O47'39", a distance of 323.22 feet; thence tangent to said curve North 73°00'14" East 111.94 feet to the beginning of a tangent 20.00 foot radius curve concave Southwesterly; thence Easterly and Southeasterly along the arc of said curve, through a central angle of 86'40'30", a distance of 30.26 feet to the beginning of a reverse 842.00 foot radius curve concave Northeasterly; thence Southeasterly along the arc of said curve, through a central angle of 24'45'00". a distance of 363.72 feet; thence South 44'55'44" West 161.50 feet to a point which bears North 70'28'24" East from the True Point of Beginning; thence South 70'28'24" West 69.19 feet to the True Point of Beginning. EXCEPTING therefrom those portions lying Northeasterly of the Southwesterly line of said Eucalyptus Street. PARCEL 2; Those portions of lots 19 and 20 in Hosp Eucalyptus Forest Company's Tract No. 1, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1136, filed in the Office of the County Recorder of San Diego County, June 8, 1908, described as follows: ..’ ,‘ I , Beginning at the Southeast corner of said Lot 20; thence along the Southerly line of said Lots 20 and 19, North 89O29'00" West 781.61 feet to a point on a non-tangent 462.52 foot radius curve concave Northwesterly, a radial line of which bears South 29'16'10" East to said point; thence Northeasterly along the arc of said curve through a central angle of 20°06'20" a distance of 162.30 feet; thence South 89°29'OO" East 213.74 feet; thence North 7OO28'4" East 505.81 feet to an intersection with the Easterly line of said Lot 20; thence along said Easterly line, South 06°58'OO" West 278.00 feet to the Point of Beginning.