HomeMy WebLinkAboutSDP 86-03; Commonwealth Companies Inc; 86-322106; Public Facilities Fee Agreement/Release. * 1-1’ . . _
‘\ 9.) , . . o 1635 . .+RECORDING REQUESTED BY AND )
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~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
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(Name of Developer)
. .
'Corporation . . , hereinafter referr S
(Corporation, partnership-, etc.) .
"Developer" whose address is
' 10675 Ser.rento Valle? Road, Suite 200, . . .
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.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 . .*
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-(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
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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
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/ c’ 0 -1638.
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projects, shall not refer to grading permits or other permits for the' .
'-construction of underground or street improvements unless no other
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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.
” . .
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*-. , . ’ . .() 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,
. . . .
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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
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. -the following manners: .
.
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_. ‘; 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.
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REV 4-2-82
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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. . -.
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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?& .
.
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DEVELOPER: .
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President -.
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ATTEST.: .: ,.
. 'C -.
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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.)
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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
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‘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
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: 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.
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