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HomeMy WebLinkAboutCT-81-05; HERRICK DEVELOPMENT INC; 86-135095; Public Facilities Fee Agreement/Release^2266 Recording requested by and, when recorded, mail to: City Clerk City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 86-1*5095 iS83tfS-8 fill IP 00 I 8 CO VERA L. LYLECOUNTY RECORDER PARTIAL RELEASE OF AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE RL^oo TLR 1.00 This Partial Release is given as of this 10 th day of January , 1936 , by the City of Carlsbad, a municipal corporation of the State of California, herein "City". WHEREAS, Herrick Development, Inc.and City executed that certain Agreement between Developer-Owner and the City of Carlsbad for the payment of a Public Facilities Fee dated November 26, 1984 herein the "Agreement", which Agreement was recorded in the office of the San Diego County Recorder on May 10, 1985 , as Instrument No. 85-165413; WHEREAS, said Agreement was made in connection with a request for Tentative Subdivision Map 81-5 ; WHEREAS, that certain real property located in the City of Carlsbad described as: Lot 1 of Parcel No. •in the City of Carlsbad, according to map thereof filed in the office of the San Diego County Recorder on November 18, 1985 , herein the "Property", is subject to said Agreement; WHEREAS, the current owner and developer of the property has paid to City all facilities fees on the Property in accordance with the terms and conditions of said Agreement; and WHEREAS, the current owner and developer of the Property desires to have the Property released from the charge and effect of said Agreement; NOW, THEREFORE, City hereby releases the property from the charge and effect of said Agreement, and the same is hereby withdrawn and discharged. This is a Partial Release only, and shall not be deemed a release, withdrawal, or discharge of any owner-developer's obligations under said Agreement as to Lot 2 & 3 of Parcel Map No. 14028 '. IN WITNESS WHEREOF, this Partial Release is executed as of the date first above written. CITY OF CARLSBAD, a municipal corporation of the State of California, APPR V1N By:_ City Manager ATTEST: Daniel aHemschfce, Assistant _City Clerk *^ K^L^Z STATE OF CALIFORNIA) ) COUNTY OF SAN DIEGO) C 2267 ss. On t£c2^^, ?\. X , before me the undersigned, a Notary Public amand fQ"T said State, personally appeared F.D. Aleshire, known to me to be the City Manager of the City of Carlsbad, a Municipal Corporation of the State of California, known to me to be the person who executed the within instrument on behalf of said Municipal Corporation, and acknowledged to me that such City of Carlsbad, executed the same. WITNESS my hand and official seal. »*»*****»****»*********»***»** OFFICIAL SEAL KAREN R. KUNDTZ NOTARY PUBLIC-CALIFORNIA SAN DIEGO COUNTY My Comm. Exp. Sept. 27. 1989 J RECORDING REQUESTED WHEN RECORDED MAIL TO: CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, California 92008 ) 85-165413 ONOFEE )!CS5 HAY 10 AMIQ-'M VCR A L i:-' RECEIVED DEC 191984 CITY OF CARISB.AD Yb;e above th-trs-* line ror"Tce'C'Or"a"e"r' a use Documentary transfer tax: $ No fee _ Signature of declarant determining tax-firm name City of Carlsbad Parcel No . AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this by and between HERRICK DEVELOPMENT day of INCORPORATED (Corporation,partnership,etc.) "Developer" whose address is 2775 VIA DE LA VALLE, SUITE 204 (Name of Developer) , hereinafter referr (Street) DEL MAR, CALIFORNIA 92014 (City, State, Zip Code) and HERRICK HOLDINGS LTD. a INCORPORATED (Corporat ion, etc.) "Owner" whose address is 2775 VIA DE LA VALLE, SUITE 204 (Nameof Legal Owner) , hereinafter referred to as (Street) DEL MAR . CALIFORNIA 92014 (City, State, Zip Code; AND the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City", whose address is 1200 Elm Avenue, Carlsbad, California, 92008. REV 4-2-82 RE 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: MOTEL on said Property, which development carries the proposed name of ECONOMY INNS OF AMERICA and is hereinafter referred to as "Development"; and WHEREAS, Developer filed on the ^^ day of 19 g t with the City a request for A LOT LINE ADJUSTMENT WITHIN SAID PROPERTY BY PARCEL MAP PROCEDURE 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 2, 1982, 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 4-2-82 820 V : . 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 exceed 2% 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. 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 -3- REV 4-2-82 •••• - • ~ 821 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 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 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 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 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 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- REV 4-2-82 •"-'• .' c S22 ,; . 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 and Owner 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 Requests made by Developer 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 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 may have been designated, postage prepaid and certified. -5- REV 4-2-82 823 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 the City, and references to Developer, Owner or City herein shall be deemed to be 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 of 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 on the Property. When the obligations of this agreement have been satisfied, City shall record a release. -6- REV 4-2-82 •V • : C 824 :; IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. OWNER: HERRICK HOLDINGS LTD. / DEVELOPER: HERRICK DEVELOPMENT.INC. (Name) ( Signature F // BY RON WHITNEY (Name) (Signature) TITLE VICE PRESIDENT l^Y (Name) -ITITLE (Signature) ATTEST :CITY OF CARLSBAD, a municipal corporation of the State of California APPROVED AS TO FORM: Assistant VINCENT F. BIONDO, JR., City At torney (Notarial acknowledgement of execution by DEVELOPER and OWNER must be at t ached. ) -1- REV 4-2-82 825 CORPORATE ACKNOWLEDGMENT NO. 202 8419 , before me,NovemberState of CALIFORNIA Gina AntrasianCounty of SAN DIEGO the undersigned Notary Public, personally appeared Ron Whitney personally known to me D proved to me on the basis of satisfactory evidence to be the person(s_) who executed the within instrument as Vice President or on behalf of the corporation thereinOFFICIAL SEAL GINA ANTRASIAN NOTARY PUBLIC - CALIFORNIA SAN DIEGO COUNTY My Comm. Expires July 31,1987 named, and acknowledged to me that the corporation executed it. WITNSS my hand and official seal. Notary's Signature 7120 122 NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • P.O. Box 4625 • Woodland Hills, CA 91364 Df California On this the 12 _ day of Naomi Willis the undersigned Notary Public, personally appeared W. J. Herrick OFFICIAL SEA NAOMI WILLIS NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY My comm. expires MAR 15, 1988 CX personally known to me D proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument on behalf of the partnership, and acknowledged to me that the partnership executed it. WITNESS my hand and official seal. Notary's Signature PARTNERSHIP ACKNOWLEDGMENT FORM 7130052 NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • Woodland Hills. CA 91364 826 EXHIBIT "A" LEftAL DESCRIPTION ALL OF LOTS 3, 4, 5, AND 6 OF CARLSBAD TRACT 81-5, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 10899, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 11, 1984.