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HomeMy WebLinkAboutMS 795; Sammis/Carlsbad Associates; 89-377286; Public Facilities Fee Agreement/Releaseij , 1 . ‘*-’ * - : -, Y I-” -%. : il * - .-.i’f .;. z-&r , ~.<ir .i$ty !fSiii- t z~yi-~~-.pL~,‘:’ j --’ %i F i 1 , -. :&<::jg; y, t:fi. 5 RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TQ: tj%#.& f 8 AW 20 CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, California 92008 ) Space above this line for Recorder's use 214-035-01 214-064-01 214-031-12 214-036-01 214-061-21 214-033-01 214-034-01 214-054-04 214-051-01 214-065-01 214-010-09 214-031-03 214-031-09 214-031-10 214-031-11 214-052-01 214-053-02 214-062-21 214-063-21 Parcel No. AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 20 day of January ,192 - by and between Sammis/CarIsbad Associatk e (Name of Developer-Owner) a Partnership ' hereinafter referred to as "Developer" (Corporation, Partnership, etc.) whose address is 17933 Fitch Ave. It-vine. CA 97714 (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 II I(. 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 - Non-residential subdivision on said Property, which development carries the proposed name of Sammis/Car lsbad Associates and is hereinafter referred as "Development"; and WHEREAS, Developer filed on the 30 day of January with the City a request for Tentative Parcel MaD approval , 1989, 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 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 the covenants NOW THEREFORE, in consideration of the recitals and contained herein, the parties agree as follows: 1. The Developer shall pay to the City a public facil amount not to exceed 3.5% of the building permit valuation of ities fee in an 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 i 4 . ,~ . ~ '. * - " ‘ 2179 -I 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 i 3 . ‘* C I,. ” . i 2180 - 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 - -1 1 2181 INWITNESSWHEE2EOF,thisagreemntisexeabd inSanDiegoCounty, Californiaasofthedatefirstwrittenabove. DEVEZOPER-OWNERz Samm.isCarlsbadAssociates,a Californiageneralpahmship CITYOFCAIU-SBAD,amunicipal corporationoftheStateof California By:NEMENGL?4DMWlALITFEll?SURMCE By: CISBEMY,aMassa&usettscorporation For City Manager By: coFTEYREmEsmTEADmsoRs, INC., am corporation,itsassetnmager ardadvisordulyauthorized City Attorney Rev 3-l-88 6 ’ 21r COMMONWEALTH OF MASSACHUSETTS ) > ss. COUNTY OF SUFFOLK 1 On this 12th day of January, 1989, before me, the undersigned, a Notary Public in and for said Commonwealth, personally appeared Kevin M. Mahoniy personally known to me on the basis of satisfactory evidence to be the person who executed the within instrument as a Managing Director of COPLEY REAL ESTATE ADIVSORS, INC., as asset manager and advisor to NEW ENGLAND MUTUAL LIFE INSURANCE COMPANY, a Massachusetts corporation, said corporation being known to me as a general partner of SAMMIS CARLSBAD ASSOCIATES, a California general partnership, that executed the within instrument and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. WITNESS my hand and official seal. JULIE A. S11\IA, No:aty b=U%iC MY commission expires: Mv Commission Expires Szp’iember 3, 19% 8 ’ . ‘. ,., l . ’ . ‘ 218’ . . STATE OF CALIFORNIA COUNTY OF ORANGE > I certify that on N n_aLidrL/ 3 my7 , Lee C. Sammis and Carl F. Willgeroth personally came befbre &te and acknowledged under oath, to my satisfaction, that they are two of the General Partners of Avenida Encinas Associates, a California general partnership, the partnership named herein, for Sammis Carlsbad Associates, a California general partnership and that they executed this document as the act and deed of said partnership. WITNESS MY HAND AND OFFICIAL SEAL. . . . . . . ..__...._ . ,,*-s r:... -, .* ,.,-:,A. : ,h, OFFICI;. SEAL i j i- j;:‘.::\ [_y;.,:;j 1-3, t:~:‘,!;(J:;-jE; I/,:;! ,, . ‘,j i;“,;‘. (’ r‘,‘l;[‘C‘ -.,;,.,-..::,: 1. L,i-~ui ,iS.l , ,) p;: :‘:.-, ;‘-,i, 2x ,.,;‘: {-;‘-“i>::I,E ,P/JG;;Ty IA ; j rqfy C~M;JjSgQ~ E”“‘-’ i Al IliES JULY 24, 19s2 i '.........I............ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .z. State of California Notorial Seal 7 . Exhibit “A” ,. .,’ ,.. a- Legal Description ? a 2184 ,, ;.. *’ T&E LAND REFERRED TO HtdEIN IS SITUATED IN THE STATE OF : CALtFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: . THAT PdRTION OF SECTION 20, 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 AND THAT PORTION OF LA COSTA DOWNS UNIT NO. 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2013, FILED IN THE OFFICE OF COUNTY'RECORDER OF SAN DIEGO COUNTY, APRIL 26, 1927, DESCRIBED AS A WHOLE AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF SAID SECTION 20 WITH THE EASTERLY LINE OF THE 200 FOOT RIGHT OF WAY OF THE SANTA FE RAILROAD, AS SHOWN ON SAID MAP NO. 2013; THENCE ALONG THE SOUTH LINE OF LA COSTA DOWNS UNIT NO. 1, SOUTH 89’21’ EAST (NORTH 89’58’20” EAST PER MAP NO. . 2013) TO THE SOUTHWEST CORNER OF LAND DESCRIBED IN DEED TO THE STATE OF CALIFORNIA, RECORDED FEBRUARY 16, 3966 AS FILE NO. 27424 OF OFFICIAL RECORDS; THENCE ALONG THE SOUTHWEST LINE OF SAID LAND, NORTH 26’10’ WEST;- 1462.07 FEET TO AN ANGLE POINT, NORTH 29’01’45” WEST, 300.38 FEET TO AN ANGLE POINT AND NORTH 27’14’24” WEST, 85.05 FEET TO THE MOST EASTERLY CORNER OF THE LAND DESCRIBED AS PARCEL “8” IN FINAL ORDER .OF CONDEMNATION ZN SUPERIOR COURT CASE NO. 25812, A COPY OF WHICH WAS’ FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 15, 1968 AS FILE NO. 44080 OF OFFICIAL RECORDS; THENCE ALONG THE SOUTHEAST LINE OF SAID PARCEL "B", AS FOLLOWS: . SOUTH 61’51’ WEST, 292.78 FEET TO THE EASTERLY TERMINUS OF THAT 60 FOOT - RADIUS CURVE, CONCAVE SOUTHEASTERLY IN THE NORTHERLY LINE OF LA LOMA BOULEVARD, AS SHOWN ON SAID MAP NO. 2013, WESTERLY AND SOUTHWESTERLY ALONG SAID CURVE, 60.31 FEET THROUGH AN ANGLE OF 57”05’50” SOUTH 61°51’OO” WEST, 484.04 FEET; SOUTH 18O24‘35” EAST TO AN ANGLE POINT IN THE NORTHERLY LINE OF SAN LUlS BOULEVARD AS SHOWN ON SAID MAP NO. 2013, SOUTH 51”00’55” WEST (SOUTH 50°20’20” WEST PER MAP NO. 20131, A DISTANCE OF 42.19 FEET: AND SOUTH 69’33’55” WEST, 69.29 FEET (SOUTH 68’53’20” WEST, 68.75 FEET PER MAP 2013) TO THE MOST WESTERLY CORNER OF LOT 19, BLOCK 21, ACCORDING TO SAID MAP NO. 2013; THENCE ALONG THE EASTERLY LINE OF SAID 200 FOOT RIGHT OF WAY OF THE SANTA FE RAILROAD ACCORDING TO BEARINGS AND DISTANCES SHOWN ON SAID MAP NO. 2013, SOUTH 19°06’40” EAST, 224.19 FEET TO THE BEGINNING OF A TANGENT 5629.65 FOOT RADIUS CURVE, CONCAVE EASTERLY ALONG SAID CURVE SOUTHERLY, 196.51 FEET THROUGH AN ANGLE OF 2’00’ AND TANGENT TO SAID CURVE, SOUTH 21’06’40” EAST, 730.84 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM LOTS 6 AND 9 IN BLOCK 21 OF LA COSTA DOWNS UNIT NO. 1, ACCORDING TO MAP THEREOF NO. 2013, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 6, 1927. ALSO EXCEPTING THEREFROM ALL MINERAL RIGHTS, RESERVED BY WARING H. ELLIS, IN DEEDS RECORDED IN BOOK 1363, PAGE 446 AND BOOK 1491, PAGE 70 OF DEEDS AND IN VARIOUS DEEDS OF RECORD, NOTE : A PORTION OF THE ABOVE DESCRIBED REAL PROPERTY SHOWN ON MAP NO. 2013, WAS EXCLUDED FROM SAID SUBDIVISION BY ORDER ENTERED FEBRUARY 19, 1937 IN CASE NO. 87499 IN THE SUPERIOR COURT, SAN DIEGO COUNTY, STATE OF CALIFORNIA, A CERTIFIED COPY OF WHICH WAS RECORDED FEBRUARY 19, 1937, IN BOOK 620, PAGE 213 OF OFFICIAL RECORDS.