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Home My WebLink AboutSDP 97-14; KREG Operating Company; 1997-0600505; Public Facilities Fee Agreement/Release4 , “ \ ,*’ 597 RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: 1 ) City Clerk 1 CITY OF CARLSBAD 1 1200 Carlsbad Village Drive ) Carlsbad, California 92008- 1989 1 DOC # 19974600505 MtPJ 26, 1997 11313 Ml OFFICIN RECORDS SIHI DIE60 COlMTY RECORDER’S OFFICE GREGORYF:isSHITH, CO;t4;; RECORDER : . I111111 lllll Ill1 111111 Il~~jlJ lllll lllll II111 II11 II11 Space above this line for Recorder’s use y7-32 Parcel No. 2//- /a - 0 / and02 ‘1 ._ AGREEMENT BETWEEN O-R, DEVELOPER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE FOR INSIDE THE BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 1 THIS AGREEMENT is entered into this 30th day of July ,1997 > by and between (name of developer) KREG Operatinq Co. a (corporation, partnership, etc.) a De1aware Corp* , hereinafter referred to as “Developer” whose address is (street, ciiy, state, zip code) 4275 Executive Square t Suite 240 La Jolla, CA 92037 and (name of legal owner) Carlsbad Ranch Company, L.P. partnership a (individual, corporation, etc.) a California limited , hereinafter referred to as “Owner” whose address is (street, city, state, zip code) 5600 Avenida Encinas, Suite 100 Carlsbad, CA 92008 AND the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as “City”, whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008-1989. . . . WP 97-w/&M 97-31 Form Approved By City Council July 2,199l Resolution No. 91-194KJH 1 Form 18A Per Jane Mobaldi, Rev. 01/I l/96 RECITALS 598 WHEREAS, Owner 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 has contracted with Owner to purchase the property and proposes a development project as follows: Four 2-story buildings totaling 184,000 s.f. on said Property, which development carries the proposed name of Ocean Terrace Corporate Center and is hereafter referred to as “Development”; and WHEREAS, Developer filed on the , 1991 , with the kmday of -Lb, City a request for S.D.P. Submittal 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 Council Policy No. 17, dated July 2, 1991, on tile 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 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 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 and Owner propose to help satisfy the General Plan as implemented by Council Policy No. 17 by payment of a public facilities fee. Form Approved By City Council July 2, 1991 Resolution No. 91-194KJH 2 Form 18A Per Jane Mobaldi, Rev. 01/l l/96 599 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 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 and Owner shall pay a fee for conversion of existing building or structures into condominiums in an amount not to exceed 1.82% 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 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 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 Titles 18,20 or 2 1 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 upon in Paragraph 1 above. If Developer and Owner offer 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 Form Approved By City Council July 2, 1991 3 Form 18A Resolution No. 91-I 94KJH Per Jane Mobaldi, Rev. 01/l I/% ; /4 h . Titles 18 or 20 of the Carlsbad Municipal Code. 600 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 suffkient 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. 6. 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 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 many have been designated, postage prepaid and certified. Form Approved By City Council July 2, 1991 Resolution No. 9 l-1 94KJH 4 Form 18A Per Jane Mobaldi, Rev. 01/l l/96 601 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 City, and references to Developer, Owner 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 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 in the Property. When the obligations of this agreement have been satisfied, City shall record a release. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Form Approved By City Council July 2, 1991 Resolution No. 91-194KJH Form 18A Per Jane Mobaldi, Rev. 01/l l/96 - - 602 IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as ofthe date first written above. OWNER: CITY OF CARLSBAD, a municipal corporation Carlsbad Ranch Companyr L.P. of the State of California /zbch h. Ed-c (print name) - ATTEST: \/ ic c p~L_-~&q&?f-- -c&l~t/hE\y\r/s- f2ed ALETHA L. RAU (title) By: (signature) APPROVED AS TO FORM: RONALD R. BALL, City Attorney . i)c+ Ea. (print name) I SCCk~~~cb (title) . DEVELOPER: KREG Operating Co. les Abdi (print name) Senior Vice President - KREG (title and organization of signatory) By: (signaX#e) p?lSmf~ A * Rust-l (print name) CQg-w\r’ (title and organization of signatory) (Notarial acknowledgment of execution of DEVELOPER and OWNER must be attached). (President or vice president &NJ secretary or assistant secretafy must sign for corporations. If only one oftker signs, the corporation must attach a resolution certified by the secretary or assistant secretaiy under corporate seal empowering that officer to bind the corporation) Form Approved By City Council July 2, 1991 Resolution No. 91-194KJH Form 18A Per Jane Mobaldi, Rev. 01/l l/96 - EXHIBIT “A” LEGAL DESCRIPTION h ’ 603 Lots 9 and 10 of Carlsbad Tract No. 94-09 (Carlsbad Ranch Units 2 and 3), in the City of Carlsbad, County of San Diego, . State of California, according to Map No. 13408 filed in the Office of the County Recorder of San Diego County, California on April 1, 1997. Form Approved By City Council July 2, 199 1 Resolution No. 91-194KlH 7 Form 18A Per Jane Mobaldi, Rev. 01/l l/96 i -. - h STATE OF CALIFORNIA * 604 COUNTY OF SAN DIEGO On &, /7$7 before me I/ v Notary Public, personally appeared known to me - or [ ] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Isfare subscribed to the within instrument and acknowledged to me that h&h&hey executed the same in h&her/their authorized capacity(ies), and that by h&her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. (Signature of Notary) Form Approved By City Council July 2,199l Resolution No. 9 1 - 194KJH Form 18A Per Jane Mobaldi, Rev. 01/l l/96 State of Ca&focrn;a County of Sa* b;ero , before me, ate ame and Title of Offic&(e.g., ‘Jane Doe, Notary Public”) personally appeared L;‘Lbx 4. E&c a-b P Ad- me, ms Name(s) of Signer(s) @‘&sonally known to me 0 proved to me on the basis of satisfactory evidence to be the personfiwhose name& is/usubscribed to the within instrument and acknowledged to me that helshem executed the same in his/her/their authorized capacity&Q, and that by his/her&jr sign=&) on the instrument the person@, or the entity upon behalf of which the person& acted, executed the instrument. WITNESS my hand and official seal. - c Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: ~hmw~ F=O~ tkyne~ ts Qw~r:~ F~c;I;~;s F&s Number of Pages: q Individual 0 Corporate Officer Title(s): q Partner - q Limited q General 0 Attorney-in-Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: Top of thumb here Signer’s Name: Cl Individual 0 General 0 Trustee- Cl Guardian or Conserv 0 Other: I w Signer Is Representing: 0 1996 National Notary Association - 8236 Remmet Ave., P.O. Box 7184 * Cancga Park, CA 91309.7184 Prod. No. 38~1