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HomeMy WebLinkAboutRP 85-04; J.S.H. Ltd. and Yerkes, Donald and Diane; 85-111239; Public Facilities Fee Agreement/Release0 584 =211239 I .I - REC,QkDING REQUESTED BY AND C’“‘” WHEN*RECORDED MAIL TO: I q: ! ‘:‘!;~:.,. /.‘ . i.i... .,.. & L, [‘[‘i:,c ;,:- l*,~i ;t&:l,l” ‘i QF S&& ,{i f’,f’, <j,N 1 I, ‘i * % . , /I ‘i. I CITY OF CARLSBAD 1200 Elm Avenue f%“j APR -2 AM 9: !3i Carlsbad, California 92008 Space above or Rkder's use m FEE Documentary transfer tax: $ No fee ti& Signature of declarant determining tax-firm name City of Carlsbad Parcel No. 203-ll-18,13,22,23 AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this -day ofFmry , 198~; by and between . J.S.H Ltd. a California Corporation (Name of Developer) , hereinafter referre "Developer" whose address is a Husband and ilife as Cormunitv Pronertv , hereinafter referred to as (Corporation, etc.) "Owner" whose ad%&?Yiaf&ng Street (Street) Carlsbad, California 92003 (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 b-2-82 RECITALS '-8d - -85 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: 9,500 Sq. Ft. Office Building on said Property, which development carries the proposed name of AUSTIN-PACIFIC BUILDING and is hereinafter referred to as "Development"; and WHEREAS, Developer filed on the 15th day of FFRRIIARY , 19 85 , with the City a request for . Minor Redevelopment Permit 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 incorporated by this reference); and _ WHEREAS, Developer, Owner and City recognise 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 ” 586 ’ 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 l 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 -3- REV 4-2-82 <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 financia.1 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. -4- 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 authorised 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. Tf 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 . . , - . ‘.’ -I”- 590 _ ’ * IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. OWNER: DEVELOPER: .bti J.S.H. Ltd. a California Corp. 7% \L ture) %,, Q,U - . ddQ4.h . , 77 ,.&me 1 WA@- uav (Signature) II (Name) TITLE Robert D. Storey,?ice-President Wgnature) ATTEST: CITY OF CARLSBAD, a corporation of the State of California municipal . d ALETHA L. c City Clerk APPROVED AS TO FORM: c . City Attorney .(Notarial acknowledgement of execution by DEVELOPER and OWNER must be attached.) -7- REV 4-2-82 I STATE OF CALIFORNIA COUNTY San Diego t -8” - ss. 591 On this 19 day of February ,19z, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Jim Hirachberg known to me to be the President, and Robert D, Storey known to me to be the Secretary of the corporation that executed the within instrument, and known to me to be the persons who executed the within instru- ment on behalf of the corporation therein named, and acknowl- edged to me that such corporation executed the same, pursuan to its by laws, or a resolution of its Board of Directors. WITNESS my hand and official seal. Signature Ckncy l4. Martinez Name (Typed or Printed) STAT-R OF CALIFORNIA COUNTY OF San DIeGo ss. On February 25, 1985 before me, the undersigned, a Notary Public in and for said County and State, personally appeared JAMES 8.WILLIAMS -, known to me to be the person- whose name is subscribed to the within instrument, as the Attorney- in fact of Donald E. Yerkes and Diane A. Yerkqs and acknowledged to me that he subscribed the name> ,fDonald E. & Diane A. Yerkes thereto 3s own name- as Attorney- in fact. a !SAFECO FOR NOTARY SEAL OR STAMP EXHIBIT "A" LEGAL DESCRIPTION Parcel 1: That portion of Lot 47 of Seaside Lands, in the City of Carlsbad, County'of San Diego, State of California, according to Map thereof No. 1722, Filed in the Office of the County Recorder of San Diego County, July 28, 1921, described as follows: Beginning at the most Easterly corner of said lot 47; thence South 55' 27' 00" West along the southeasterly line of said Lot, a distance 8f 100.00 feet;, thence North 34 33' 00" West'120.50 feet; thence North 55 27' 00" East 100.00 feet to the Northeaster.ly line of said Lot 47; thence South 34O 33' 00" East along sai.d Northeasterly line 120.50 feet to the Point of Beginning. Excepting therefrom that portion as described in deed to the City of Carlsbad recorded September 15, 1964 as File No. 16830. Parcel 2: . That portion of Lot 47 of Seaside Lands, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1722, filed in the Office of the County Recorder of San Diego County, July 28, 1921, described as follows: Beginning at a point in the Southeasterly line of said Lot 47, which is South 55 27' West 100 feet from the most East,erl,y corner of said Lot; thence South 55' 27' West 50 feet; thence North 34' 33' West 120.5 feet to the most Southerly corner of the land conveyed by Leigh W. Arbuckle and Genevra B. Arbuckle, to John C. Brockelsby by instrument dated April 13, 1925 and recorded Nay 12, 1925 in Book 1087, page 203 of Deeds, records of San Diego County; thence North 55O 27' East along said Brockelsby's land 50 feet; thence South 34' 33' East 120.5 feet to the Point of Beginning. Parcel 3: That portion of Lot 47 of Seaside Lands, in the City of Carlsbad, County of San Diego, State of California, according to Map No. 1722 filed in the Office of the County Recorder July 28, 1921 described as follows: Be inning at a point on the Southeasterly line of said Lot 47, which is South 55 % 27' West 150 feet from the most Easterly corner of said Lot; thence South 55O 27'.West 50 feet; thence.North 34O 33' West 120.5 feet; -thence North 55' 27' East 50 feet; thence South 34O 33' East 120.5 feet to the Point of Beginning.