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HomeMy WebLinkAboutCUP 217; TYLER PROPERTIES LTD; 85-150277; Public Facilities Fee Agreement/Releasef REQUESTED BY CONTINENTAL LAND TITLE Recording Requested By and Return To: THE CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, CA 92008 OF, -•>,,.,Of SAN DiE&u IS85 APR 30 W 3-- .RE '-ER RELEASE OF AGREEMENT TO PAY PUBLIC FACILITIES FEES RF 6.00 AR 2.00 TLR 8.00 MG 1.00 PLEASE TAKE NOTICE that the Agreement For Payment Of Public Facilities Fees between The City of Carlsbad and —; TYLER PROPERTIES, LTD. • required by an Application for Conditional Use Permit - CUP-217 and recorded on June 16, 1982 as Document No. 82-185681 is hereby released for the following reason: /X? Fees Paid and Obligation Satisfied /~7 Application Withdrawn I~J Other DATED: April 26, 1985 ATTEST: .ty Clerk APPROVED AS TO FORM: APP VINCENT F. BIONDO, JR., VIN City Attorney fey By_ CITY OF CARLSBAD /^FRANK D: ALESHIRE, f\City Manager STATE OF CALIFORNIA ) ) COUNTY OF SAN DIEGO ) ss.2060 On fjHfclt- °fb , / TX^ / before me the undersigned, a Notary Public in and for said State, personally appeared Frank N. Mannen, known to me to be the Acting 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, California, executed the same. WITNESS my hand and official seal. OFFICIAL SEAL RANDffi EISNER NOTARY PUBLIC - CALIFORNIA SAN WESO COUNTY My oomm. expires FES 20, 1987 NOTARY PUBLIC .;••• . '.• • • , •• • iss - . RECORDING REQUESTED BY AMD ) WHEfl RFCORDED MAIL TO: ) CITY OF CARLSBAD ) • • ,-0?. 1200 Elm Avenue ) ' ^ J($ /$ Carlsbad, California 92008 ) Space above this line for^iecor'd e^^fT'uTe" ^|Q Documentary t rans f e/r .cax: $ No fee Signature of declarant determining tax-firm name City of C a r1 shad Parcel No. ?Q ^ - Q 7 Q - /^L j- /3 AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE ^tf+L \THIS AGREEMENT is entered into this J^-_day o <:-<sJ <X/fr^£-^ , 1 by a ri d b e t v? e e n TYLER PROPERTIES.. LTd . _^____ __^ (Name of Developer) a __ ™_ LI!iIIEL.^I!i§5§!iIL__ > Hereinafter referred to as fc o rip o r a t i o n , partnership, e t cTT~ "Deve lop^er^"^ whose addres_s is *IAKj LA. ytul4 'TsTr'eel 1 ' ~ (City, St^te, Zip Code. and ALLAN H. BOLL Tl^arae of Legal Owi^erl a INDIVIDUAL ' » hereinafter referred t.o as, (Corporation, etc.5 "Owner" who-se address is . 1997 SHERIDAN ROAD, ENCINITAS, CA. 92024 Tcity, "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 Elra Avenue, Carlsbad, California, 92008. • 15 RECITALS 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: 75-UNIT SENIOR HOUSING PROJECT on said Property, which development carries the proposed name of TYLER SENIOR HOUSING PROJECT and is hereinafter referred to as "Development"; and WHEREAS, Developer filed on the J^_ day of O t/U- 19 iS-T-with the City a request for CONDITIONAL USE 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 tkis 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 REV 4-2-82 WHEREAS, Developer and Otv'ner have asked the City to fir.d that public facilities and services will be available to Beet 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 trie 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 pertnit valuation of the building or structures to be constructed ir. 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 ta exceed I" of the building permit valuation at the time of conversion. The fee for a condominium conversion shall be paid prior to the issuance of 3 condominium conversion permit as provided in Chapter 21.47 of the Carlsbad Municipal Code. Condominium shall include community apartment or stock cooperative. The t'erms "other construction permits", "other construction permit" and "entitlement for use" ae •used in this agreement, except in reference to mobilehome sites or ~ 3 — REV 4-2-82 Ill 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 7 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 net be consistent with the General Plan and any approval or permit for the Development shall be void. No building or other construetion permit or entitlement for use shall be issued until the public facilities fee required by this agreement is paid. -4- . V . •• . • •-• 1 2 •%-\ • * 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 foilowing 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 tVie address as may have been designated, postage prepaid and certified. REV 4-2-82 163 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 v/ithout 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. i* At such time as Owner ceases to have any interest in the Property, all obligations of Owner hereunder shall te rm i n a t e; 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. 'III — 6 — owu 4-2-82 164 IN WITNESS WHEREOF, this.agreement is executed in San Diego County, California as of the date first written above. OWNER: ALLAN H. BOLL 1997 SHERIDAN ROAD ENCINITAS, CA. 92024 DEVELOPER: TYLER LTD. 450 SERPENTINE DRIVE, DEL MAR. CA. 92014 BY TITLE ATTEST: ffjbxL.-J.6LjL ALETHA L. RAUTENKRANZ City Clerk CITY OF CARLSBAD, a municipal corporation of the State of California BY 'City Manager APPROVED AS TO FORM; VINCENT F. BIONDO, JR, City Attorney YHentschke, Assistant - (Notarial acknowledgement of execution by DEVELOPER and OWNER must b: attached.) ,1 T REV 4-2-82 TO 1948 CA (8-74) /Partnership) STATE OF CALIFORNIA SAN DIEGO 165 I 111I 111-I0.<h(It 1 COUNTY OF_I ss. TTTte INSURANCE ANDTRUST ATICOR COMPANY on JUNE 4, 1982 before me, the undersigned, a Notary Public in and for said State, personally appeared CLIFFORD C. SWEATTE * *********** * _ known to me of the partners of the partnershipto he that executed the within instrument, and acknowledged to me that such partnership executed the same. WITNESS my,hand>Kid official sea Sign; (This area for official notarial seal) (Individual) STATE OF CALIFORNIA San DiegoCOUNTY OF On_ June 3, 1982 CALIFORNIA FIRST BANK Member FDIC State, personally appeared Allen H. Boll .before me, the undersigned, a Notary Public in and for said to be the person .. whose name . to the within instrument and acknowledged that executed the same WITNESS raffiand andl5ttical seal Signature Form 211 (9,79| PS , known to me is subscribed he I I MY OFFICIAL SEAL Joan M. McLaran NOTARY PUBLIC CALIFORNIA PRINCIPAL OFFICE INSAN DIEGO COUNTY COMMISSION EXPIRES JAN. 13. 1984 ([his area for official notonal seal) EXHIBIT "A1 PARCEL 1: The Southwesterly 106 feet of LOT NO. 9 of INDUSTRIAL TRACT in the City of Carlsbad, according to Map thereof No. 1743, filed in the Office of the County Recorder of San Diego County, January 3, 1923. EXCEPTING THEREFROM the Northwesterly 69.0 feet thereof, the Southeasterly line of said Northwesterly 69.0 feet being drawn parallel with and distant 69.0 feet at right angles from the Northwesterly line of said LOT NO. 9 ALSO EXCEPTING from the said LOT NO. 9, the Southwesterly 61.0 feet of the Southwesterly 69.10 feet. PARCEL 2: The Southwesterly 61.0 feet of the Southeasterly 69.10 feet of LOT NO. 9 of Industrial Tract, in the City of Carlsbad, According to Map thereof No. 1743, filed in the Office of the County Recorder of San Diego County, January 3, 1923. PARCEL 3: An easement and right of way for ingress and egress and all public utility purposes over, under and across the Southeasterly 29 feet of the Northwesterly 79.0 feet. (said distance being measured at right angles) of LOT 9 of Industrial Tract, in the City of Carlsbad, According to Map thereof No. 1743, filed in the Office of the County Recorder of San Diego County, January 3, 1923. EXCEPTING THEREFROM that portion lying within Parcel 1 and 2 herein described.