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HomeMy WebLinkAboutMS 661; CARLSBAD INVESTROS/LINCOLN SEASCAPE; 89-005758; Public Facilities Fee Agreement/Release0 2349 89 005758 * Recording Requested By and Return To: CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, CA 92008 !OF' . f. ; 89J*N-S AM 8= 51 IR I RF4.00 AR2.00 MG1.00RELEASE OF AGREEMENT TO PAY PUBLIC FACILITIES FEES PLEASE TAKE NOTICE that the Agreement For Payment Of Public Facilities Fees between the City of Carlsbad and Carlsbad Investors Ltd. & Lincoln Seascape (84-96) required by an Application for MS-661 "8V as Document No. 84-318633 and recorded on is hereby released for the following reason: )fxx| Fees Paid and Obligation Satisfied | | Application Withdrawn |~| Other DATED: 12/12/88 CITY OF CARLSBAD MARTIN OREN YAK Community Development Director ATTEST: ALETHA L. RAUTENKRANZ City Clerk APPROVED AS TO FORM: VINCENT F. BIONDO, JR. City Attorney By : ;VEu AS TO FORM: F. BIONDO, JR., CfTY ATTORNEY BY ROMftlD R. BALL STATE OF CALIFORNIA ) ) ss COUNTY OF SAN DIEGO ) 0 2350 On December 29, 1988 , before me the undersigned, a Notary Public in and for said State, personnally appeared Aletha L. known to me to be theRautenkranz City Clerk 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 the the official seal. ****************************** J. /t~s*>^ OFFICIAL SEAL J * l^4ffi^ KAREN R. KUNDTZ I * VbiSlW NOTARY PUBLIC-CALIFORNIA * * ^&%K/ SAN DIEGO COUNTY * * >^2X My Comm £xp Sep( 2? 1989 * ****************************** J RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY OF CARLSBAD- 1200 Elm Avenue Carlsbad, California 92008 •••J )))))) 1407 '•"*•**' ^u ,„ Or F iCIAL RFCOHPS Of SAN DiE'GC COUf'd 'S8UUG2I AH 10: 5 3 \ / c r,- * i [•,'.(•• i» L.-". M i.. i._ ' . !' Irni!|.; r v .-• '•;•• •••••^.'•••^^\j ^!{ i i ! i. ,. -,};\ <jlr ]\WO FEESpace above this line for Recorder s use Documentary transfer tax- $ No fee Signature of declarant determining tax-firm name City of Carlsbad -37Parcel No. Z./4-- AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 20 day of by and between Lincoln Seascape, A California Limited Partnership June ., 1984 (Name of Developer) a California Limited Partnership (Corporat ion, partnership, etc.) "Developer" whose address is 701 "B" Street #705 , hereinafter referred to as (Street) San Diego, CA 92101 and (City, State, Zip Code) Carlsbad Investors Limited (J (Name of Legal Owner) Limited Partnership , hereinafter referred to as (Corporat ion, etc. ) "Owner" whose address is 17941 Mitchell Street (Street) Irvine, CA 92714 (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 1408 RECITALS WHEREAS, 0-wner 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: 268 Garden Type Apartment Units, consisting of 10-16 unit Buildings & 9-12 unit Buildings on said Property, which development carries the proposed name of Seascape and is hereinafter referred to as "Development"; and WHEREAS, Developer filed on the 15 day of June , 19 84 , with the City a request for Zone Change, Tentative Parcel Map, & a City Council determination on the proposed development plan (Seascape). 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 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 ' ' 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 r'equired by this agreement is paid. -4- REV 4-2-82 4. City agrees Co 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 reasonably 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 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 1413 IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. OWNER: C :rlsbad Investors Limited Signature; Dwight W. Spiers, Managing Partner (Name) (Signature) (Name) (Signature) ATTEST: ALETHA L. RAUTENKRANZ City Clerk APPROVED AS TO FOR: DEVELOPER: Lincoln Seascape, A California Limited Partners! dp BY Greg R. Neville TITLE Lincoln Se-:-isoae CITY OF CARLSBAD, a municipal corporation of the State of California _ VINCENT F. BIONDO, JR., City Attorney (Notarial acknowledgement of execution by DEVELOPER and OWNER must be attached.) -7- REV 4-2-82 STATE OF CALIFORNIA COUNTY OF ORANGE 1414 On this 22nd day of June, 1984, before me, A. June Barrier, the under- signed Notary Public, personally appeared Dwight W. Spiers, personally known to me, or proved to me on the basis of satisfactory evidence, to be the general partner of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. WITNESS my hand andJjfficial seal. l\. June Barrier PARTNERSHIP ACKNOWLEDGMENT esuft State of County of SS. OFFICIAL SEAL REBECCA A AMANTEA NOTARY PUBLIC - CALIFORNIA SAN DIEGO COUNTY My comm. expires FEB 6, OFFICIAL SEAL A JUNE BARRIER NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY My cotnm. explrat NOV 9, 1984 NO. 203 On this the /7 day of . IQjf^beforeme, the undersigned Notary Public, personally appeared X 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 /jL. .. 7130 122 NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • P.O. Box 4625 • Woodland Hills, CA 91364 1415 EXHIBIT "A1 LERAL DESCRIPTION The land referred to herein is situated in the State of California, County of San Diego, and is described as follows: Lots 100 and 101 of CARLSBAD TRACT NO. 73-23, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 8081, filed in the Office of County Recorder of San Diego County, February 28, 1975 Excepting all crude, oil, petroleum, gas, brea, asphaltum, and. all kindred substances and other minerals in and under said land, but without the right to enter upon the surface of said land above a depth of 500.00 feet to ex- plore for or extract same, as reserved in a Deed recorded August 27, 1969 as File No. 157186 and that Deed recorded August 27, 1969 as File No. 157190, both of Official Records. Also excepting all oil, oil rights, mineral rights, natural gas rights and. other hydrocarbons by whatsoever name known, together with all geothermal steam and steam power that may be within or under the parcel of land here- inafter described, together with the perpetual right of drilling, mining, exploring and operating therefor and storing in and removing the same from said land, or any other land, including the right to whipstock or directionally drill and mine from lands other than those hereinafter described, oil or gas wells, tunnels and shafts into, through or across the subsurface of the land hereinafter described 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, e^uip, maintain, repair, deepen and operate such wells or Klines, without however the right to drill, mine, store, explore and operate through or on the surface or the upper 500 feet of the subsurface of the land herein described.