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HomeMy WebLinkAboutSDP 86-03; Commonwealth Companies Inc; 86-322106; Public Facilities Fee Agreement/Release. * 1-1’ . . _ ‘\ 9.) , . . o 1635 . .+RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: 1 . \ A . &&32?106 - .--- i I fi /- / ,.i:-‘~,:-,“;;‘.‘~~.:-- ‘i - :. L ::,qi::: ,f, .i *,C j .~ I ,y-- .‘j ;, r’r h. *i’ I, . - .,.!I ~00 Elm Avenue . tax-firm name : - City of Carlsbad . .- . 1 . ._ : ,, i .' ,. .; s. : : Parcel No. 223-060-29. : AGl:EEMENT BETWEEN OWNER, DEVELOPER AND THE CLTY OF .~ARLSBIID FOR THE . PAYKENT OF A PUBLIC FACILITIES FEE . THIS AGREEMENT is. entered into this 24 day offefl/&T-, 19s _ by and between"'-- . . . . . . The-Commonwb&th Companies' . '. c +--% w (Name of Developer) . . 'Corporation . . , hereinafter referr S (Corporation, partnership-, etc.) . "Developer" whose address is ' 10675 Ser.rento Valle? Road, Suite 200, . . . ff$=J- ** .I , . . (Street) - 1 San Diego; Ca-lifor'nia; $2121 . . (City, State, Zip.Code). ; '. . . . & *$ .Go6E ,,. ', _. . - -. ana -. (Name of Legal Owner) . . I . a. , hereinafter referred to as (Corporation; etc.) . : . '"Owner" whose address is . I . . : : (Street) . . . . . . . . (City, State, Zip Code) . . . . . . . AND . .* /" . . c I -(e-CITY OF CARLSBAD, a municipal corporation 'of the State of California, ' i . . . . hereinafter referred to as "City", whose ad(;;ess ie 1200 Elm Avenue, Carlsbad, California, 92008. b . . . > .*, RECITALS 4 736 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:a 49,12Q:sq. ft. Community Commercial Shoppins Center on said Property, which development carries the proposed name of Mercado La Costa and is hereinafter referred to as “Development”; and WHEREAS, Developer filed on the 26 day of February , 19 86 1 with the City a request for Site Development 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 recognize the correctness of Council Policy No. 17 dated April 22, 1986, 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 4-22-86 4.i - 1637 . 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 exceed2.5% 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 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. Condomini,um 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 4-22-86 / c’ 0 -1638. I ‘9 . . . . - . . . . . . ’ ..d * , 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 oc.cupancy 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 shnll be paid prior to the issuance of building or other construction permits for . the development. This fee shail,be i-n 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 Lpbn in Paragraph 1 above. .If Developer and Owner # . offers to donate a site or s'ites for public facilities, the City shall .- 7 Q ..L consider, but is not obligated to accept the offer.. - The time for . _ dbnaticn and amou.nt of credit-against the 'fee shall be determined by City prier to the issuanc'e of any,building or other permits. Such _ . * . determination,'when made, shall' become a part of-this agreement. : . . . Sites donated urider.this paragraph shall not include improvements I . -_ : : required pursuant to Titles 18 or 20 of the Carlsbad Plunicipal'code. . 3. This agreement and the fee paid pursuant hereto are required A * . . 'to ensure the consistency of the Development with the City's General - . . . . . Plan. * If'the fee is not paid as progided herein,, the City will not have the fund's to.provide public facilities an'd services, and the . . development will not-be ‘consistent with the General Plan and any . approv,al or.permit Ear the Development shall be vo'id. No building or /' . . . othcr.construction permit or entitlement for*usc shall be issued . until the public facilities fee required b'y this 'a'grccmcnt is paid. ” . . .T\ C: *-. , . ’ . .() r-39. I. * . . ‘. * *i . 4. City agrees to deposit the fees paid pursuant to this * . . . d ; ‘-‘+ agreement in a pu.blic facilities fund for the f-inancing of public 4 . facilities when the-City Council determines the need exists to : provide t’he facilities and sufficient funds from the payment of this . . . and similar public ‘facilities fees are available. 3 . City.ag;ees 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 acc’ommodate the needs of the D.evel’opment herein . described. . -- . . . 6. All obligations hereunder shall terminate in the event the Reques’ts made by Developer are.not approved.. . . . . 7. ._ Any notice. from one party to the other shall be in writing, . . . . -. -r c and shall be dated and signed by the party. giving such notice or by a L duly authorized representative of such part.y. Any. seuch notice shall . . . not. be effective .for any purpose what Loevc’r unless. served in one of I . -the following manners: . . . _. ‘; 7;l ii notice is given to the City of personal delivery * . : I . . : 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 . . postage prepaid and certified. . ’ . * Manager, . . . . . . . 7.2 If notice is given to Developer by. personal delivery . , . thereof to Developer or ky deposi.ting the ‘same.in the United States .. . Mail, enclosed in’a sealed envclop,e, address’cd to Developer at the . . addres.s as moy havc’bccn designated, postage prepnid anti certified. ‘< L ‘\C - - ..’ . REV 4-2-82 , - f . i . .‘: , ‘- vi.40 . . . -21 I *I . . 1 . ,- --. i 1 f ’ ii: c. This agreene-nt 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 D.eveloper, Owner . -or City herein shall be deemed to be,reference to and include their . respective succeisors and assigns without specific mention of such success.ors and ass?gns. If Developer should cease to have any .interest in the.Property, all bbligations of Developer hereunder * shall terminate; -provided, however, that any successor of Developer's . interest in the property shall have first .assumed in'writing the -a . . Develo‘per's obligations hereunder. . . At such time as Owner ceases to have any i-nterest in the . - I '. Property, al.1. obligations of pwner hereunder shall terminate; . - _ ,A. provided, however, tha't if any successor to the Owner's interest in T t the Property is a stranger to this agreement, such successor has first : assumed.the obligations of .owner in writing in a form acceptable to ,. a. . . . . 'city* :._ _, :*_ -1. .r.;, i . . *. . . - -- . . - 9. This agreement shall be recorded but shall‘ not create a 'ien . . -* . or security interest on the Property. - When 'the obligations of this . : _ agreement have been satisfied, City' shall record a‘ release. . -. .* . /// . .* . . * . . . . . . a * J/f . - I - d :L-; a * . * . * ‘//l -: : . , . . - ‘- f-) - .* . ,I. . - .o ,I641 ‘. ‘,. 6,. . * :.r’ IN WITNESS WHEREOF,, this .agreement is execut'ed in San Diego . . collie;, * California as of the date first written above. QMPANIES, INC. : . 'Franklyn D&j?& . . . * DEVELOPER: . .* . President -. , . ‘. :.. . . . . .;. . , - _’ . 8 I’ ., . . . ‘. .- -. . ATTEST.: .: ,. . 'C -. . . TITLE Pres'ident TITi ice President CITY OF CARLSBAD, a municipal . corporation of the 'State of CAlifornia BY Martin Orenyak \ Conumqity Development Dire&For APPROVED AS TO FOR . . ' VINCENT i. . , '. City Attorney . . . - * . . . . :‘ .., * ,: . ' . . . ._ '. -. I ,.~.,.‘, _ .- . . ' '(Notarial. acknowledgement of execution' by,DEVELOPER and bWMER must be . attached.) \ . . ‘, . L . . .~ . I , !! . . .- . . . . . : . - . : . . -7L . . .- STATE OF CALIFORNIA COUNTY 0F San Dieso SS. On-v.- before me, the undersigned, a Notary Public in and for said County and State. personally appeared Franklyn DeFoe __~ I known to me to be the ___--President, V- --, lsdwxmmw ~&IG%w$o~ the corporation that executed the within Instrument, known to me to he the persons who executed the within Instrument on hehalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. n _ Signature i/ ‘STATE OF CALIFORNIA COUNTY OF-Sarr-Dieg~ ss. On February 26, 1986 .__-__ before me, the undersirned, a Notary Public in and for said County and State, personally appeared _... d?ka&&Td%?DeFoL-.--, known to me to he the -President, and-- H. Peak p-1 known to me to he Vice-guzsi~rH~~sf the corporation that executed the within Instrument, known to me to be the persons who executed the within Instl-ument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. n - . Signature 1642 8 SAFECO FOR NOTARY SEAL OR STAMP 8 SAFECO FOR NOTARY SEAL OR STAMP . .-a l c : I, , LEGAL DESCRIPTION: .- PAGE HO. 2 ORDER NO. 850525-S EXHIBIT A -._ il 1643 PARCEL A: LEGAL DESCRIPTION Parcel 2 of Parcel Map No. 12586, in the City of Carlsbad, County of San Diego, State of California, recorded on February 25, 1983 as Document No. 83-060578 in the Office of the County Recorder of San Diego County. EXCEPTING THEREFROM, all minerals, mineral rights, oil, oil rights, natural gas, natural gas rights, petroleum, petroleum rights, other hydrocarbon substances, geothermal steam, all underground water, and all products derived from any of the foregoing, in or under or which may be produced from the property which underlies a plane parallel to and 500 feet below the present surface of the Property together with the perpetual right of drilling, mining, exploring and operating therefor and storing in and removing the same from the property or any other land, including the right to whipstock or directionally drill and mine from lands other than the Property, oil, water, or gas wells, tunnels and shafts into, through or across the subsurface of the Property, and to bottom such whipstocked or directionally drilled wells, tunnels, and shafts under and beneath or beyond the exterior limits thereof, and to redrill, 'retunnel, equip, maintain, repair, deepen, and operate any wells or mines, without, however, the right to drill, mine, store, explore, and operate through the surface or the upper five hundred (500) feet of the subsurface of the Property as reserved by Daon Corporation in deed recorded March 4, 1983 as File No. 83-070357 of Official Records. PARCEL B: An easement for excavation, construction, use and maintenance of slopes and installation of related improvements over that portion of Fractional Section 6, Township 13 South, Range 3 West, San Bernardino Meridian and a portion of Section 31, Township 12 South, Range 3 West, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California, as shown on Map No. 7457, filed in the Office of the County Recorder of San Diego County on October 18, 1972, described as follows: Commencing at the most Southerly corner of Lot 249 as shown on said Map No. 7457; thence along the boundary of said Map No. 7457 the following courses: South 65"09'37" East 35.34 feet to a point on the arc of a non-tangent 1030.00 foot radius curve concave Southeasterly; a radial to said point bears North 63"37'20" West; thence, Northeasterly along the arc of said curve through a central angle of 2"15'09" a distance of 40.49 feet to a point on the arc of \ said curve to which a radial line bears North 61"22'11" West; thence leaving said curve South 63"37'48" East 65.32 feet to the TRUE POINT OF BEGINNING; f thence South 63"37'48" East 101.30 feet; thence North 77"OO'OO" East 665.00 feet; thence North 38"50'03" East 100.00 feet to a point on the Southwesterly sideline of that certain road easement granted to the City of Carlsbad (Recorded 7/14/77 as Document No. 77-281161); thence South 51"09'57" East along said Southwesterly sideline 63.00 feet; thence leaving said sideline South 33'20'02" West 135.62 feet; thence South 77"55'13" West 660.00 feet; thence North 50"17'33" West 169.74 feet to the TRUE POINT OF BEGINNING. c 2/11/86 atk-213