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HomeMy WebLinkAboutSDP 95-09; National Association of Music Merchants Inc; 1995-0543638; Public Facilities Fee Agreement/Release8’ . .* * . . ^ 358 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: 1 City Clerk CITY OF CARLSBAD ; 1200 Carlsbad Village Drive Carlsbad, California 92008-l 989 lx # 1995-0543638 JO-MOW-1995 02=06 PM OFFICIAL RECORDS SAN DIEGD COUNTY RECORDER’S OFFICE GREGDRY S;;‘;; CDUN;;E;EiORDER RF: . : 31.00 ---- Space above this line for Recorder’s use ParcelNo. 711-022-06 AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBUC FACIUTIES FEE FOR INSIDE THE BOUNDARIES OF COMMUNITY FACIUTIES DISTRICT NO. 1 THIS AGREEMENT is entered into this 8th day of September I 19-Q by and between National Association of Music Merchants, Inc. -- (name of developer-owner) New York not-for-profit a corporation , hereinafter referred to as “Developer* whose address (corporation, partnership, etc.) is 5140 Avenida Encinas, Carlsbad, California, 92008 (street) (city, state, zip code) and the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter refarred to as “Cw, whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008- 1989. 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 houndaries of City; and F-AppKMd ram 17A Ey City Carndl July 2, ISal rw 3l2m5 Reso x oi-104/KlH ;. * _ _- 3-59 WHEREAS, Develo+r proposed a development project as hollows: *P P r OX i ma t e1 Y I 1 *’ 36,000 square foot headquarters office building on said Property, which development carries the proposed name of NAMM and is hereafter referred to as “Development”; and WHEREAS, Developer filed on the 8th day of September ,1995, with the City a request for approval of the site development plan 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 is incorporated by this reference); and WHEREAS, Developer and City recognize the correctness of Courcil Policy NC. 17, dated July 2, 1991, 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: Fam Approved By C&y Carndl July 2. 1901 Reso # Ql-iWlWl Fm 17A rw 3/27/85 360 1. The Developer shall pay to the City a public facilities fee in an amount not to exceed 1.82% 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 shall pay a fee for conversion of existing building or structures into condominiums in an amount not to exoeed 1.82% of the building permit valuation at the time of conversion. The fee for a condominium *:onversion 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 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 shall pay the City a public facilities fee in the sum of $598 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 Tiles 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 Tiles 18 or 20 of the Carlsbad Municipal Code. F-W Faml7A ByCityCumdJuly2, lSQ1 m/3/27/95 FIeaoxo1-1Q4/Kkl 3 361 , I * 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. 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 services sufficient to accommodate the needs of the Development herein described. 8. All obligations hereunder shall terminate in the event the Request made by Developer is 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 or by depositing same in the United States Mail, addressed to the Ciiy 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 many have been designated, postage prepaid and certified. Form &pmwd By city Council July 2. 1QQl b30 x ei-iww Fam 17A revcv2395 4 . .‘, * .I 362 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 and City, and references to Developer or City herein shall be deemed to be a reference 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 to Developer’s interest in the property shall have first assumed in wriiing the Developer’s obligations hereunder. 9. This agreement shall b.e recorded abut shall not create a lien or securii interest in the Property. When the obligations of this agreement have been satisfied, City shall record a release. Fum Apprcrved By City Caundl July 2. 1001 Peso # Ol-104/KlH Fcim 17A rev w27lQ5 , - . - .’ IN WlTNESS WHEREOF, this agreement is executed in San Diego Coun taQ , lifornia as of the date first written above. DEVELOPER-OWNER: National Association of Music Merchants, Inc. (name of Developer) BY &tcQ (signahre) Larry 8. Linkin 1 Association of sic Merchants, CITY OF CARLSBAD, a municipal corporation of the State of California Inc. for City Manager \ Stephen t. West (print name) Secretary of National Association of (title) Music Merchants, Inc. Al-l-EST: City Clerk (Proper notarial acknowledgement of execution of DEVELOPER-OWNER must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal smpowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL, City Attorney BY FamApprowd By city CUUI~I July 2, 1964 F!8so#Ql-104/KlH 8 Y ’ - EXHIBIT “A LEGAL DESCRIPTION 364 Lot 11 of Carlsbad Tract No. 92-7 in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 13215, filed in the Office of the County Recorder of San Diego County, June 30, 1995. Fam Approwcl Ely city Cutndl July 2, 1901 Rew # Ql-1944KlH 7 Form 17A ~wmQ5 CAUFORNIA AU-PURPOSE ACKNOWLEDGMENT STATE OF CAUFORNIA COUNTY OF SAN DIEGO On Sept. 17, 1995 before me, -the unden6iqned Notary Public, personally appeared , , Lamu R. L&Cn , [ ] personally known to me - or [ ] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument artd acknowledqed to me that he/she/they executed the same in his/her/their authorited capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behaff of which the person(s) acted, executed the instrument. Fam Appmwd b city Catndl July 2, ISQI Reso # 9i-194/KIH L ,’ / Fum 17A rev 3127195 t 1. ’ . IOWA ALL-PURPOSE ACKNOWLEDGMENT STATE OF IOWA 366 JOHNSON COUNTY On @LPi 23 0\5 before me, -ti?e u~~&-~~r& Notary Public, personally appeared SX._F,+~~ L w-7 , [ ] personally known to me - or [ ] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. hand and official seal.