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Home My WebLink AboutCT 81-46; Palomar Business Park; 82-198676; Public Facilities Fee Agreement/Releasef?ECp@Mii l?E~UEsiEii~k' .; t.r I !ift@.+~&~-~in~ ret&n to: . _ Gty of. &&bad' 1200 Elm Ave. Carlshad, CA 92008 . . . . , . I d . . .- 6; C#. . l _ . . , W, AdREEMEN;r BETWEEN DE*ZJZLOPER-~V,XER AND THE CITY OF CARLsBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE : THIS AGREEMENT is entered into this 29th day of October . 8 19 '80 , Pahmar Business Park d,b by and between Airport Bus-s CPn+Pr T . '&rlsbad I- ; 8 . . (name of developer-owner) a joint venture * ,hereinafter referred to as (Corporation, partnership, etc.) "Developer", whose address is 17890 Sky Park Circle .- I . (street) . Irving, CA -92714 ' , and THE CITY CF . - (City, state, zip code) CABLSBAD, a municipal corporation of the State of California, . . hereinafter referred to, as "City", whose address is 1200 Elm . Avenue, Carlsbad,. California, 92008. . . . * . W I T N E S S ET H: . . . . 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 boundaries of City; , -and . . WHEREAS, Developer proposes a development project as follows:. f 295 AC Planned Indu$trial Development / . . . . . . . . . . c t p/‘- $6 7 F 2 m W/-f/. on said Property, which development carries the proposed name of Airport Business Center, Carlsbad . and is hereafter referred to as "Development"; and \ WHEREAS, Developer filed on the 4 -day of November.. I 19 80 I with the City a request for General Plan Development. (2 ;fB/-c/6 zc2s-D sp/f/- .. : . (hereinafter referred to as "Bequest": and WHEREAS, the Public-Facilities Element of the City General Plan requires that the City Council ‘find that all public ' . ,facilities necessary to serve a development will be available c concurrent with need or such development shall not be approved (said element is on file with the City Clerk and is incorporated by this reference; . and . . WHEREAS, Developer and City recogniz . fife& trrft/ &5/$;? c-&!i!l;~of Council Policy NO. 17,dated -29, ?* 9 on file with the City Clerk and fncorporated by this reference,' and that the CityI'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 l . 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 dble to &ke any such finding without financial assistance to pay for such services and facilities; and, *therefore, Devel.oper p&poses . . . . 2.' . . . . .” . * ‘Z L-- rfx6 L ; I I’, . . . .; , . ’ ~’ . 2161 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 1. fee in an - contained herein, the parties agree as follows: The Developer, shall pay to the City a public facilities amount not to-exceed 2% of the building permit valuation . of the buildings or structures to be constructed in the Development L pursuant to the Request. The fee shall be paid prior to the issuance of building or other construction permits for the develop- ment 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. A&i Lowar sue&fee- yLA . Developer shall pay a fee for conversion of existing buildings 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, exceptin reference to mobilehome sites or projects, shall not refer to grading permits or other permits for L-he construction of underground or street improvements unless no ' other permit is necessary pri&r to the use or occupancy for which -3. . . 1 ’ . . . the de.velopment is intended. Developer 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 &her 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 ab/ 4 cp4 i Carlsbad Municipal Code. A cfEZ%t to~;rarll sucn r . ee SRau bcrgtw3 . -2zhfY . fhr_-m 6llf-+e paid---thereof- to 0 . d I s sI/2p//t . a 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 pu@lic 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 agree-. ment. 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 cequired 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 yill net be consistent with the General Plan and any approval or permit for the Development shall . 4. - . . . I i , ‘- I. 6 .’ .\. 7 *‘ r . _- . . . IW., L ..‘. ,. , . . 2163 . . be void. No building or other construction permit or entitlement for.use shall be issued-until the public facilities fee required by a 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. . 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 writins, 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 by. personal delivery . thereof to.the City or by depositing same in the United States Mail, addressed to the City at the address set forth-herejn, enclosed in a sealed envelope, addressed to the City for attention of the City Manager, postage-prepaid and certified. 7.2 If notice is giken to Developer by personal delivery . thereof to Developer or by depositing t.he same in the United States 5. .- . ‘. . . . . . . * ’ ; . I *. J *-- r. 1.. . * . 1. , - . ** \ d 1 . -‘I- 2164 . . . . . Nail, enclosed in a sealed envelope, addressed to Developer at the address as may have been designated, postage prepaid and certified. . 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 the City, and references to Developer or City-herein shall be deemed tb be reference to and include their respective &uccessors and assigns without specific mention of such successors and assigns. If Developer shduld 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. 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. /n I// /I/ I// . * . \ . - . . . . . . . .( L ’ . I I I . . I , . . ” * . . .- . . - . f r * Y , “. ‘c ;’ . P * , . . : . . ,* , , l ,I . ,..- ,,.’ w. d I-- Cbunty, WITNESS WHEPEOF, this agreement is executed in San Diego * California as of the date first written above. . . DEVELOPER-OWNER: CITY OF CARLSBAD, a municipal Palomar Business P&k d.b.a. corporation of the State of California Airport Business Center - Carlsbad .x.> By : L Signal Landmark, Inc. . BY City Manager Senior Vi'ce Presidegt (Title) . / APPROVED AS TO FORM: ; VINCENT F. BIONDO, JR..,. City Attorney . . e . (Notarial acknowledgement of execution by be attached.) . - . I . DEVELOPER-OWNER must STATE OF CALIFORNIA COUNTY ORANGE ss. 2166 On this 22nd day of June 19x, before me, the undersigned, a Notary Public in and for said County and State, personally appeared deorse D. Strinqer known to me to be the Vice President, and Mary L. Sherman , known to me to be thklS sls tant Secretary of the corporation that executed the within instrument, and known to me to be the persons who executed the within instru- ment on behalf of the corporation therein named, and acknowl- edged to me that such corporation executed the same, pursuant to its by laws, or a resolution of its Board of Directors. JULIE A JAMES WITNESS my hand and official seal. NOTARY PUI ORAI &1-\5L-.’ My crnnm. Name (Typed or Printed) (This l rea for official 8~81) I sd .- * ‘i I ’ ? l + 1 , !$ ,. * . ’ 2167 1 i * EXHIBIT "A" . -,_.,_ ~. _. ^_. 1 - . ..-_ ,_-._ ---.. ,. 'LEGAL DESCRIPTION _- That portion of Lot "G"'of Ranch; Agua Hedionda, in the County of San Diego, State of California, according to Map thereof No. 823, filed in the Office of the County Recorder of S&n Diego, November 16, 1896. L . . ; 81-361926 19& JUN.28 &j 11: 37 VERA L L I t.;y 1, %‘ COUNTY &yC~/&R zi