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HomeMy WebLinkAboutMS 600; Carlsbad Research Center; 83-058943; Public Facilities Fee Agreement/ReleaseI ,’ ’ ,* REdORbIWG R,EQUESTED BY AIL_ 'a3. 835 WHEN RECORDED HAIL TO: 1 4F CITY OF CARLSRAD - . : 1283 FE3 24 F/d] 2: 04 1200 Elm Avenue Carlsbad, California 92008 ; _ ,&' L / 1 '- L- ,* ._ I_! / 4" coy;,1 i' i(;:'( ,;,;,i.:; i -v.-..i Space above this line for Recorder's use Documentary transfer tax: $ No fee NO FEE tax-firm name City of Carlsbad Parcel No. ,a -06&ba/ AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD .FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT\,is entered into this 9 day of December 3 19,82, by and between Carlsbad Research Center (name of developer-owner) a. Partnership , hereinafter referred to as (Corporation, partnership, etc.) "Developer" whose address .is 7330 Engineer Road (street) . San &ego, CA '92111 ' (City, state, zip code) and THE CITY OF CARLSBAD, a municipal corporation of the State' of California, hereinafter referred to as "City", whose.address Carlsbad, California; 92008. ,WITNESSETH: WHEREAS, Developer is the owner of the-real 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: REV 4-2-82 : . - - 3 * ,* :, - -.q.A - 83G 2 on'sai'd. Property, which .velopment carries the px ose.d name of I and is hereafter referred to as "Development"; and , WHEREAS, Developer filed on the q-di day of , 1982 , with the City a request for Tentative Parcel Map Approval A.49 sul 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 recognise 'the correctness of Counc'il Policy No. 17, dated April 2, 1982, in file,with the City Clerk and incorporated by this reference, and that the City's public facilities and-services are'at c'apacify and will not be -available to accommodate the addit.ional need for public facilities and services resulting from 'the proposed Development; and WHEREAS, Developer has asked -the City to find that public facilities and services will be available to meet the future needs of the Development as it is prese.ntly 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 proposes to help satisfy the General Plan as implemented by Council Policy No. 17 by 'payment of a pbblic facilities fee. . . -2- REV 4"2-82 : . - . , ” . . .* -g4Y L 837 _ . . ., NQW,' THEREFORE, i consideration of the ret als.and the covenants contained herein, the parties agree as follows: 1. The Developer 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-i-n* addition to any fees, dedications or improvements required pursuant to Titles 18, 20 or 21 of the Carlsbad Municipal Code. Developer shall pay a fee for conversion o f 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 . projects, shall not refer to grading permits or other permits for the construction of underground or street improvements unless no other permit is net-essary prior to the use or occupancy for which the development 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 other construction permits for the development. This fee shall be in addition to any fees, dedications or imprbvements required according to Titles 18, 20 or 21 of the Carlsbad Municipal Code. . -3- . REV 4-2-82 - ‘., . . . . ._ ’ * - aadr. 833 - . . ’ . 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. Jf Developer 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 determinati'on,.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 Co.de. 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 shali 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 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 ade.quate public facilities and services sufficient to accommodate-the needs of the Development herein described. . . I *- -4- _ . ,., ._ . 6 * * ' 6’, All obligation- hereunder ,*,".ll FlPinat . -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 foliowing manners: 7.1 If notice is given to the City of personal del'iyery thereof to the City or by depositing same in th,e 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. a. This agreement shall be binding.upon and shall-inure to the benefit o-f, and shall apply to, the respective successors and assigns -of Developer and the City, and references to Developer 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 beveloper 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. 9. This agreement sh'all 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., -5- : REV 4-2-82 .- ..,a.,L 840 - IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. : DEVELOPER-OWNER: CITY OF CARLSBAD, a municipal NTER, A CALIFORNIA'GENERAL corporation of the PARNTERSH OLL CARLSBAD ASSOCIATES, MAN&tti‘$~Afti!iJE~~~~~~~~~~ . BY B.E. FIPP VICE PRESIDENT (Title) - BY (Title) ATTEST: *APPROVEDA v VINCENT F. BIONDO, JR., City Attorney ,.'(Notarial acknowledgement of execution by DEVELOPER-OWNER must be _.- attached.) REV 4-2-82 : -6- _ - 54.. -841 STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) "* On this27th day of December I in the year 1982, before me Marla L. Wagner and State, personally appeared a notary public in and for said County B.E. Fipp , personally known to me to be Vice President of The Koll Company, a California Corporation, the Corporation that executed the within instrument, and known to me to be the person who executed the within instrument on behalf of said Corporation, saidCorporationbeing known to me to be Managing Partner of Koll Carlsbad Associates, a California General Partnership, the Partnership that executed the within instrument, and acknowledged to me that said Partnership executed the same as General Partner of Carl&ad Research Center and that Carlsbad Research Center executed the same. , In witness whereof, I have hereunto set my hand and affixed my notarial seal, the day and year in this certificate first above written. NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE . . . ’ .a,’ . ** . . id ._ 84 i EXHIBIT "A" LEGAL DESCRIPTION Portion of Lot F of Map 823, Ranch0 Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, recorded November 16, 1896 in the office of the County Recorder described as follows: Lot 1 of Map 10330, Carlsbad Tract No. 81-10, recorded February 18, 1982 as FP 82-044773 in the office of the County Recorder, said County, said State.