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HomeMy WebLinkAboutMS 764A; Carlsbad Retail Associates; 89-312615; Public Facilities Fee Agreement/Release. . - * 2058 . RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: ; CITY OF CARLSBAD 1 1200 Elm Avenue Carlsbad, California 92008 -np”.y. -- PC--_. ,.A 0 / a”\ \l Space above this line for Recorder's use Parcel No. 215-050-61,62,63,64,65 AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 24th day of April by and between Carl&ad Retihi.1' Associates , 1989 a (Name of Developer-Owner) a Partnership (Corporation, Partnership, etc.) ' hereinafter referred to as "Developer" (92626) whose address is 3151 Airway Avenue, Suite L-1 Costa Mesa, California, (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: WHEREAS, Developer 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 proposes a development project as follows: REV 3-l-88 , 2059 on said Property, which development carries the proposed name of Plaza Paseo Real and is hereinafter referred as "Development"; and WHEREAS, Developer filed on the 24th day of April , WEL with the City a request for a four lot tentative parcel map. 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 28, 1987, 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 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 . 2060 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 public 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 3 * 2061 - 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 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 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 . 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 Develop& 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 _ ____ _, .:----.. ---_------ -. .--- . . . . . . . . A- * * 2063- ’ IN Wll$JES$ WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: CARLSBAD RETAIL ASSOCIATES (name) BY (See Attached) (Title) . RY , CITY OF CARLSBAD, a municipal corporation of the State of California ByY * For City Manager (Title) . :, ATTEST: . - ALETHA L. RAUTENKRANZ, City Clerk -. . APPROVED AS TO FORM: . VINCENT F. BIONDO, JR., City Attorney Ilf*2.Q?, (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) . ,-6:. . -’ . . . . . : ,:’ - REV 7-28-87 ’ 2064 - CARLSBAD RETAIL ASSOCIATES, a California Joint Venture By: JDCR Limited Partnership, a Wisconsin Limited Partnership By: Johnson Wax.Properties, Inc., neral Partner Vice President By: F. T. Von der Ahe Company, a Sole Proprietorship CARLSBAD [CRASigPgJ 02/04/88 . - - 2065 Comm. Exv. Mar. 19.1993 STATE OF CALIFORNIA ; ss. COUNTY OF ORANGE 1 On pa 2 Jf 1989, before me, the undersigned, a dotary Public in and for said State, personally appeared Frederick T. Von der Ahe, personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as a Partner of Carlsbad Retail Associates, a California General Partnership and acknowledged to me that he executed the within instrument pursuant to the Partnership Agreement of Carls Associates. WITNESS my hand and official seal. Notary Public in and for said County and State STATE OF CALIFORNIA ; ss. COUNTY OF ORANGE 1 I On the undersigne ary Public 1989, before me, in and for skid State, personally appeared Eugene A. Spindler, personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the Vice President of Johnson Wax Properties, Inc., the corporation that executed the within instrument as the sole General Partner of JDCR Limited Partnership, a Wisconsin Limited Partnership, which executed the within document as a partner of Carlsbad Retail Associates, a California General Partnership, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors and pursuant to the partnership agreements of JDCR Limited Partnership and Carlsbad Retail Associates. WITNESS my hand and official seal. Notary Public in and for said County and State - L . ’ 2066 ;, EXHIBIT "A" LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, CITY OF CARLSBAD/(UNINCORPORATED AREA), AND IS DESCRIBED AS FOLLOWS: PARCEL 1: ALL THAT PORTION OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE WEST HALF OF THE NORTHEAST QUARTER OF SAID SECTION: THENCE ALONG THE WEST LINE OF THE WEST HALF OF THE NORTHEAST QUARTER OF SAID SECTION, SOUTH 0'23'33' EAST 1862.74 FEET TO THE NORTHWEST CORNER OF THE LAND DESCRIBED IN DEED TO CLAUS INC., RECORDED AUGUST 2, 1972 AS FILE NO. 201337 OF OFFICIAL RECORDS: THENCE ALONG THE NORTHERLY LINE OF SAID CLAUS INC. LAND, SOUTH 89' 15'32" EAST, 440.43 FEET TO THE TRUE POINT OF BEGINNING: THENCE .' CONTINUING SOUTH 89O15'32" EAST 520.00 FEET TO AN INTERSECTION WITH THE SOUTHWESTERLY LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO, RECORDED JULY 10, 1970 AS FILE NO. 121184 OF OFFICIAL RECORDS OF SAID COUNTY, SAID SOUTHWESTERLY LINE BEING DRAWN PARALLEL WITH AND DISTANT 45.00 FEET SOUTHWESTERLY MEASURED AT RIGHT ANGLES FROM THE CENTER LINE OF EL CAMINO REAL AS SHOWN ON SAN DIEGO COUNTY ROAD SURVEY NO. 1800-L ON FILE IN THE OFFICE OF THE COUNTY ENGINEER OF SAID COUNTY; THENCE ALONG SAID SOUTHWESTERLY LINE, SOUTH 7'35'00" EAST - DEED SOUTH 7'35'11" EAST - 783.40 FEET (REC. 783.30 FEET) TO AN INTERSECTION WITH THE SOUTH LINE OF THE WEST HALF OF THE NORTHEAST QUARTER OF SAID SECTION 26; THENCE LEAVING SAID SOUTHWESTERLY LINE ALONG SAID SOUTH LINE, NORTH 89' 15'32' WEST 630.00 FEET TO A POINT WHICH BEARS SOUTH 0'29'18" WEST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 0'29'18" EAST 775.15 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM AN UNDIVIDED ONE-HALF INTEREST IN AND TO THE OIL AND MINERAL RIGHTS IN CONNECTION WITH SAID LAND PROVIDED THAT THIS RESERVATION DOES NOT INCLUDE ANY RIGHT OF THE GRANTOR TO MAKE A SURFACE ENTRY FOR THE PURPOSE OF EXPLORING FOR OR EXTRACTING ANY OIL OR MINERALS, IT BEING THE AGREEMENT OF PARTIES HERETO THAT GRANTOR SHALL, IN THE EVENT, OIL OR MINERALS ARE EVER PRODUCED OR EXTRACTED FROM SAID LAND BE ENTITLED TO ONE-HALF OF THE NET PROCEEDS THEREOF, AS RESERVED BY CLAUDIE MAY MILLIGAN, A WIDOW BY DEED RECORDED DECEMBER 31, 1956 IN BOOK 6399, PAGE 434 OF OFFICIAL RECORDS. PARCEL2: ALL THAT PORTION OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 12 SOUTH, RANGE 4 NEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF DESCRIBED AS FOLIXWS: . . ’ 206?-' . COMMENCING AT THE NORTHWEST CORNER OF THE WEST HALF OF THE NORTHEAST \ QUARTER OF SAID SECTION; THENCE ALONG THE WEST LINE OF THE WEST HALF OF THE NORTHEAST QUARTER OF SAID SECTION, SOUTH 0'03'33: EAST, 1441.19 FEET TO THE TRUE POINT OF BEGINNING: THENCE LEAVING SAID WEST LINE SOUTH 89'15'32' EAST, 890.55 FEET TO A POINT IN THE ARC OF A 1755.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 75O12'00' EAST, SAID POINT BEING IN THE SOUTHWESTERLY LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO RECORDED JULY 10, 1970 AS DOCUMENT NO. 121184 OFFICIAL RECORDS OF SAID COUNTY SAID SOUTHWESTERLY LINE BEING DRAWN CONCENTRIC WITH AND DISTANT 45.00 FEET SOUTHWESTERLY MEASURED RADIALLY FROM THE CENTER LINE OF EL CAMINO REAL AS SHOWN ON SAN DIEGO COUNTY ROAD SURVEY NO. 1800-l ON FILE IN THE OFFICE OF THE COUNTY ENGINEER OF SAID COUNTY; THENCE SOUTHEASTERLY ALONG SAID SOUTHWESTERLY LINE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 7O12'51' A DISTANCE OF 220.97 FEET; AND TANGENT TO SAID CURVE SOUTH 7'15'00" EAST (DEED EQUAL SOUTH 7O35'1l" EAST), 207.74 FEET TO THE NORTHEAST CORNER OF LAND DESCRIBED IN DEED TO CLAUS INC., RECORDED AUGUST 2, 1972 RECORDER'S FILE NO. 201337 OF OFFICIAL RECORDS; THENCE ALONG THE NORTHERLY LINE OF SAID CLAUS LAND, NORTH 89'15'32" WEST 960.38 FEET TO AN INTERSECTION WITH THE WEST LINE OF THE WEST HALF OF THE NORTHEAST QUARTER OF SAID SECTION 24; THENCE ALONG SAID WEST LINE, NORTH O"03'33" WEST, 421.55 FEET TO THE TRUE POINT OF : BEGINNING. EXCEPTING THEREFROM AN UNDIVIDED ONE-HALF INTEREST IN AND TO THE OIL AND MINERAL RIGHTS IN CONNECTION WITH SAID LAND PROVIDED THAT THIS RESERVATION DOES NOT INCLUDE'ANY RIGHT OF THE GRANTOR TO MAKE A SURFACE ENTRY FOR THE PURPOSE OF EXPLORING FOR OR EXTRACTING ANY OIL OR MINERALS, IT BEING THE AGREEMENT OF PARTIES HERETO THAT GRANTOR SHALL, IN THE EVENT, OIL, OR MINERALS ARE EVER PRODUCED OR EXTRACTED FROM SAID LAND, BE ENTITLED TO ONE-HALF OF THE NET PROCEEDS THEREOF, AS RESERVED BY CLAUDIE MAY MILLIGAN, A WIDOW BY DEED RECORDED DECEMBER 31, 1956 IN BOOK 6399, PAGE 434 OF OFFICIAL RECORDS. PARCEL3: LOT 1 OF CARLSBAD TRACT NO. 82-23, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 11002, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 18, 1984. EXCEPTING THEREFROM AN UNDIVIDED ONE-HALF INTEREST IN AND TO THE OIL AND MINERAL RIGHTS IN CONNECTION WITH SAID LAND PROVIDED THAT THIS RESERVATION DOES NOT INCLUDE ANY RIGHT OF THE GRANTOR TO MAKE A SURFACE ENTRY FOR THE PURPOSE OF EXPLORING FOR OR EXTRACTING ANY OIL OR MINERALS, IT BEING THE AGREEMENT OF THE PARTIES HERETO THAT GRANTOR SHALL, IN THE EVENT, OIL OR MINERALS ARE EVER PRODUCED OR EXTRACTED FROM SAID LAND BE ENTITLED TO ONE-HALF OF THE NET PROCEEDS THEREOF, AS RESERVED BY CLAUDIE MAY MILLIGAN, A WIDOW BY DEED RECORDED DECEMBER 31, 1956 IN BOOK 6399, PAGE 434 OF OFFICIAL RECORDS. -2-