HomeMy WebLinkAboutRP 83-14; Barbara McLain Properties and St. Michaels; 83-304718; Public Facilities Fee Agreement/ReleaseV! . 1924
RECORDING REQUESTED BY AND Rt:CORrS~~ /fJ
WHEN RECORDED MAIL TO: f- OFFtCrAt, fe:co~?fic, OFShtd Ct6i3:)::Cij@Ty,CA.
1
CITY OF CARLSBAD 1 1200 Elm Avenue f383 AUG 29 A#, 9: 54
Carlsbad, California 92008 L’F.EA t. i.” r’l 5. L- ? COUNT Y J?i’ixiiTtE:R 1 i Space above this line for Recorder's use NO FEE
Documentary transfer tax: $ No fee
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Signature of declarant determining tax-firm name
City of Carlsbad
Parcel No. i&w.?-- /v3- d
AGREEMENT BETWEEN OWNER, DEVELOPER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this 28thday of July , 1983
by and between
Barbara McLain Properties
(Name of Developer)
a sole proprietorship , hereinafter referred to as
(Corporation, partnership, etc.)
"Developer" whose address is
2721 Carlsbad Blvd.
Carlsbad, CA 92008 (Street)
(City, State, Zip Code)
and <- St. MICHAELS
(Name of Legal Owner)
a non-profit corporation , hereinafter referred
(Corporation, etc.)
"Owner" whose address is P.O. Box 127
(Street)
Carlsbad, CA 92008
(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.
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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 lease the
Property and proposes a development project as follows: remodel ppr
plans submitted to city.
on said Property, which development carries the proposed name of
Barbara McLain Properties
and is hereinafter referred to as "Development"; and
WHEREAS, Developer filed on the 22nd day of August 1
19 83 , with the City a request for remodeling
he-reinafter 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 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
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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 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
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projects, shall not refer to grading permits or other permits for the
construction of underground or .dtreet 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
dosat ion 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,
192-8
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 ok 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.
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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, ande’references to Developer, Owner
or City herein shall be deemed to be reference to and include their
respective successors and assigns without specific mentio’n 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 secu,rity interest on the Property, When the obligations of this
agreement have been satisfied, City shall record a release.
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IN WITNESS WHEREOF, this agreement is executed in San Diego
County, California as of the date first written above.
0WNE.R: .- DEVELOPER: . *
ST. MICHAEL'S EPISCOPAL CHURCH BARBARA McLAIN PROPERTIES .
1
dcizz+e /
CLAUDE PHILLIPS
TITLE Senior Warden
OWNER
BY
TITLE
ATTEST:
i
CITY OF CARLSBAD, a municipal corporation of the
State of California
BYaM& City Manager
APPROVED AS TO FORM:
VINCENT F. BIONDO, JR.,
'- . . City Attorney
t (Notarial acknowledgement of execution by DEVELOPER and OWNER must be attached.) . .
.
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TT-14 Rev 8-82
Individual Acknowledgement
STATE OF CALIFORNIA
\ Y - 1931
SS.
COUNTY OF
County and State, personally appeared
Claude Phillips and Barbara B. McLain
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person .S_- whose
name- subscribed to this instrument and acknowledged that -w.-- executed it.
WITNESS my hand and official seal.
Notarv Seal
DIEGO GOfJNTy
Notary Public in and for said County and State
.
.? . .
.‘.
. EXHIBIT "A" 1932
LEGAL DESCRIPTION
The following described real property in the City of Carlsbad, county of San Diego, state of California:
PARCEL 1:
The Southeasterly 50 feet of that portion of Block 6 in the Town of Carlsbad, in the City-of Car&bad, County of San Diego, State of California, according to Map thereof No. 535, filed in the Office of the County Recorder of San Diego County May 2, 1888, as more fully described in the attached legal description marked as Exhibit "A".
EXHIBIT "A"
PARCEL 1:
The Southeasterly 50 feet of that portion of Block 6 in the Town of Carlsbad, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 535, filed in the Office of the County Recorder of San Diego County May 2, 1888, described as follows:
Beginning at the most Northerly corner of said Block 6, being the intersection of Beech Avenue and Lincoln Street; thence running Southwesterly along the Southeasterly line of Beech Avenue 150 feet; thence at right angles Southeasterly 150 feet; -thence at right angles Northeasterly 150 feet to the Southwesterly -line of Lincoln Street; thence Northwesterly along the Southwesterly line of Lincoln Street to the point of beginning.
PARCEL 2:
All that portion of Block 6 in the Town of Carlsbad, County of San Diego, State of California, according to Map thereof No. 535 filed in the Office of the County Recorder of San Diego County, May 2, 1888, described as follows:
Beginning at the most Northerly corner of said Block 6, being the intersection of Beech Avenue and Lincoln Street; thence i, running Southwesterly along the Southeasterly line of Beech Avenue 150 feet; thence at right angles Southeasterly 150 feet; thence at right angles Northeasterly 150 feet to the Southwesterly line of Lincoln Street; thence Northwesterly along the Southwesterly line of Lincoln Street to- the point of beginning.
Excepting therefrom the Southeast 50 feet.
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