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HomeMy WebLinkAboutRP 92-07; Hallmark Development Group, The; 1992-0401360; Public Facilities Fee Agreement/ReleaseI “r-.;^.r + ,._ ./ /: v-“yTz.~ _ _ i .I _ . . _ -. _ ‘.- _ 1820 RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: 1 w- Cier~ 1 CIT’?OF CAKLSBAD > 1200 Carlsbad Village Drive 1 (Formerly Elm Avenue) 1 Carlsbad, California 92008 1 Space above this line for Recorder’s use , 203-172-23 Parcel No. 203-172-12, 203-172-21, AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this l7 day of Sept. , 19 9l by and between The Hallmark Development Grout (Name of Developer-Owner) a Cal.General PartnersQ&ereinafr referred to as “Developer” (Corporation, Partnership, etc.) whosead&ess~ 3500 Fifth Avenue, Suite 302, San Diego, ,CR 92103 (Street) (City, State, Zip Code) and the CITY OF CABLSBAD, a municipal corporation of the State of California, hereinafter referred to as “City”, whose address is 1200 Carlsbad Village Drive (Formerly 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: 3 0 Condominiumn t 220 Managed living units E, 9500 s.f. commercial/retail s ace. on said Property, which fi evelopment carries the proposed name of Villas of Pacifica & Pacifica Palms and REV 11/90 I 1811 is hereinafter referred as “Development”; and WHEREAS, Developer filed on the lsth day of Sept- , 193 with the City a request for Redeve&ment Petit, Tentative Itip, Con&minim p&t and hereinafter referred to as “Request”; 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 w-ith 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. 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. REV 11/90 2 - - 1812 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. 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 Citys 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 REv11/90 3 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. 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 &y 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 REvlmo 4 1814 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 Developeis 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 11/90 5 .’ . - - 1815 IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: The Hallmark Development Group CITY OF CARLSBAD, a municipal corporation of the State of California By: (TitIe) By: au dyw- General Partner (Title) APPROVED AS TO FORM: DEPUTY Cl+ ATTORNEY VINCENT F. BIONDO, JR. City Attorney (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) REvw90 . on mle~ in*ryur1*91,b3f0nnu. lAe undersiFd 06WMl&lrMWfbtO fll6(OfPfOWdtO mCWIth6 CWIO OfMthf6CtO4~6vid6m6) tobth6 pcmon(e,: (0 tIUDlVlDUAL~ who06 nme is wWcnix6 lo t?lia Imvutmnr. ant rcknowMgW ltmt he (ahe or Uteyt en6cuted it cl CORPoRATloNI Who executad rkn wunk Inswmerd aa eresiderbt and _ wcwtw, on behoff 04 me ccrporet~ mweh nrmd and l ~ncvdOge6 to m6 *at eucn 6orpcaim eaecuted th6 wtnln immimnt oumu~ tc Itt wtlcMd and bv-WI ad 6 moiulion d *FtTWRSHIPI on bk6tf o! th6 out- 18S7 EXHTBIT"A" LEGALDEZUWTION Parcell- All that portion of Block 5 of Carl&ad, in the City of Carlsbad, County of San Diego, State of California, according to -&xended Xap thereof No. 775, filed in the Office of the County Recorder of San Diego County, February 15, 1894, described as follows: mcing at the most Westerly comer of said Block 5; thence Yorth 55017'33" East, (Record North 55023'25" East), 20.feet'along Beech Street to the TRU!Z POINT O? BEGINNING. Thence continuing North 55017'33 ' East, 95.01 feet (Record 95.00 feet); thence South 34O38'57" East, 200.00 feet (record South 34038'25" East 200.10 feet); thence North 55"19'47" East, 99.68 feet (Record North 55O26'58" East; 100.00 feet) to the Northwest comer of that portion of said Block 5 conveyed to C. 5. Brennerman to Belen R. Knmles by Deed dated February 17, 1899; and recorded in Book 276, Page 200 of Deeds; thence Southeasterly along the Southwesterly line of said land conveyed to ICnmles; South 34O47'25" -i-i- -ast, 200.24 feet (record 200.00 feet) to the Southeasterly line of said Block 5; thence leaving said Southwesterly line South 55O19'47" West, 99.60 feet (record 100.00 feet) along said Southeasterly line to a point that is 115.60 feet Northeasterly frcxn the xxxt Southerly point of Block 5; thence Xorth 34O40'13" West, 100.27 feet (record 100.00 feet); thence South 55O19'47" West, 115.56 feet to the South- westerly line of said Block 5; thence North 34O38'46" !?est, 99.97 feet; thence Yorth 55O19'47" East, 20.00 feet; thence North 34O38'46" West, 200.14 feet to the TRVZ POINT OF BEGINNING. Together with that portion Northwesterly 10 feet of Christiansen Way formerly known as Cedar Street adjoining said Lot 5 on the Southeast as vacated and abandoned to public use by the County Board of Supervisors, in Resolution No. 8803 of which recorded October 1, 1986 as File No. 36-438978 of Official Records, described as follajJs: Cansnencing at the mst Southerly comer of said Block 5; thence North 55O24'44" East, 115.43 feet along the Southeasterly boundary of said B&k 5, to TRUE POINT OF BEGINNING. Thence continuing North 55024'44" East 99.60 feet along said Southeasterly boundary to a point which is 225.75 feet Southwesterly frcxn the mst Easterly comer of said Block 5; thence South 34O35'38" East, 10.00 feet; thence South 55O24'44" West 99.60 feet; thence North 34O37'20" West, 10.00 feet to the TRUE POINT OF BEGINNING. Parcel 2 - An easmt for road and public utilities and appurtenances thereto, over, under, along and across the Southwesterly 5 feet of the folhhng described land: -Beginning at a point on the Yorthwesterly line of Block 5 of Carlsbad in the City of Carlsbad, County of San Diego, Sate of California, according to tinded Map thereof No. 775, filed in theofficeof the CountyF!ecorderof SanDiegoCounty, February 15, 1894, distant theron 140 feet Northeasterly frcan the most Westerly comer of said Block 5; thence Northeasterly along said Northwesterly line 60 feet to the rrost Northerly comer of land described in deed to aarles R. E$mann, et ux, recorded August 13, 1963 as File No. 142211 of Official Records; thence Southeasterly along the Northeasterly line of said -Qmann's Land parallel with the Southwesterly line REvw90 7 (can't) 1818 EXHIBIT A - LEGALDESClUPTION- Continued of said Block 5, a distance of 120 feet to the most Easterly comer of said land; thence Southwesterly along the Southeasterly line of said Em's land and the Southwesterly prolongation thereof parallel with the Northwesterly line of said Block 5, a distance of 65 feet to a line drawn parallel with and 5 feet Southwesterly measured at right angles to the Southwesterly line of -m's land; thence Northwesterly along said parallel line parallel with the Southwesterly line of said Block 5 a dis- tance of 120 feet to the Northwesterly line of said Block 5; thence Northeasterly along said Northwesterly line 5 feet of the point of beginning. Parcel 3 - All that portion of Block 5 of Carlsbad, in the City of Carlsbad, County of San Diego, State of California, according to Ananded Map thereof No. 775, filed in the Office of the County Recorder of said San Diego County, February 15, 1534, described as follows: Comnencing at the xxxt Westerly comer of said Block 5; thence Xorth 55O23'25" East 115.00 feet to the TIDE POINT OF BEGINNING; thence continuing North 55023'25" East 20.00 feet: thence South 34O33'25" East 120.00 feet, thence North 55O23'25" East 135.00 feet, thence South 34O33'25" r( ast 80.26; thence South 55O26'58!' !&Jest 150.00 feet; thence North 34O33'25" West 200.10 feet to the TRUE POINT OF BEGIYXNG. Parcel 4 - All that portion of Block Five of Car&bad, in the City of Carlsbad, County of San Diego, State of California, according to the Amended Map thereof No. 775, filed in the office of the Recorder of said San Diego County February 15, 1894, described as follms: Conrmencing at a point on the Southeasterly line of said Block 5, which is 160 feet Southwesterly frcan the nest Easterly comer of said block; thence Southwesterly along Cedar Avenue, 60 feet to a point; thence at right angles Northwesterly 290 feet to a point; thence at right angles Northeasterly 60 feet to a point; thence at right angles Southeasterly 200 feet to the point of -c-t. Together with the P;Jostheasterly 5 foot strip of the following described piece of land: That portion of Block 5 of Carlsbad, in the City of Carlsbad, county of San Eiego, State of California, according to 1&p thereof No. 775, filed in the Office of the County Recorder of San Diego Co F&zuary 15, 1894, described as follows: Beginning at a point on the Southwesterly line of said Block 5, distant thereon 100 feet Northwesterly frcxn the mst Southerly comer of said Block 5; thence Northwesterly along said Southwesterly line a distance of 100 feet to a point; thence Northeasterly at right angles to said Southwesterly line of said Block 5, 220 feet to a point; thence Southeasterly parallel with and distant 220 feet from said Southwesterly,line of Block 5, 200 feet to the Southeasterly line of said Block 5; thence Southwesterly along said Southeasterly line of Block 5, 105 feet to a point: thence Northwesterly at right angles to the Southeasterly line of said Block 5, 100 feet; thence Southwesterly and parallel with the Southeasterly line of said Block 5, 115 feet to the Point of "&ginning.