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Home My WebLink AboutPIP 90-02; Carlsbad Airport Centre and McCormick Family Trust; 1991-0108834; Public Facilities Fee Agreement/Release. I ” . 1’ . ? RECORDING REQuEwED BY AND * : WHEN RECORDED MAIL TO: I 1523 f=.g$, 8 x; i 9” 5 d$ &F$f-;y i. -t i 3 ; “b”k$ q& 1 S$AC E 9 $. c 24 %Q $ ti’ d,i Q 22 * . . i?: ..-. P : ii--; ‘ie-ig%,-‘t u$zp a- (2 3 :: 3 ‘-( ez fi CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, California 92008 Parcel No. ziZL 04z- q AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 3rd. day of JULY , 19 90 by and between THE MCCORMICK FAMILY TRUST, DATED l/20/1982 (Name of Developer) *. a CALIFORNIA TRUST , hereinafter referred to as (Corporation, partnership, etc.) “Developer” whose address is 2507 EMPIRE AVENUE, (Street) BURBANK, CALIFORNIA 91504 (City, State, Zip Code) and CARLSBAD AIRPORT CENTRE (Name of Legal Owner) a CALIFORNIA LIMITED PARTNERSHIP , hereinafter referred to as (Individual, Corporation, etc.) “Owner” whose address is 1921 PALOMAR OAKS WAY, SUITE 300, (Street) CARLSBAD, CA. 92008 (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 7-28-87 \ . * j’. ‘. . . 1526 RECITALS WHEREAS, Owner is the owner of the real property described on Exhibit “A”; attached to and made a part of this agreement, hereinafter referred to as “Property”; and WHEREAS, The Property lies within WHEREAS, Developer has contracted Property and proposes a development project as the boundaries of City; and with Owner to purchase the follows : 1 BUILDING: INDUSTRIAL / LIGHT MANUFACTURING: 38,900 SQ. FT. on said Property, which development carries the proposed name of THE MCCORMICK FAMILY TRUST and is hereinafter referred to as “Development”; and WHEREAS, Developer filed on the 5th. day of JULY I 19 90 I with the City a request for PLANNED INDUSTRIAL 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 is incorporated by this reference) ; and WHEREAS, Developer and City recognize the correctness of Council Policy No. 17, dated July 28, 1987, 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 7-28-87 $. ‘y . 1525 . WHEREAS, Developer and Owner have asked the City to find that public facilities and services will bc 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 convenants 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 3.5% 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 3.5% 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 mobile home 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 necessary prior to the use or occupancy for which the development is intended. -3- REV 7-28-87 :’ 3 1526< - , .‘Developer and Owner shall pay the City a public facilities fee in the sum of $1,150 for each mobile home 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 offer 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. 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. -4- REV 7-28-87 j”~, *,, : 1527 - . 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 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 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. 8. This agreement shall be binding upon and shall ensure 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 references 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. -5- REV 7-28-87 1528 - , I by: by: . .A ;" hy : 1 * r * . ' \ ! 4". '3 . 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 in the Property. When the obligations of this agreement have been satisfied, City shall record a release. IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. OWNER: CARLSBAD AIRPORT CENTRE A CALIFORNIA LIMITED PARTNERSHIP CALIFORNIA AIRPORT ASSOCIATES, A CALIFORNIA GENERAL PARTNERSHIP. GENERAL PARTNER DEVELOPER: THE MCCORMICK FAMILY TRUST DATED l/20/1982 BY JACK D. MCCORMICK . TITLE TRUSTEE PRESIDENT ATTEST: CITY OF CARLSBAD, a municipal corporation of the For City Manager APPROVED AS TO FORM: A3NtlOUV til3 A.Ll-Id3a VlVtllH ‘f’ N3ttVM I /3 -AL , VINCENT F. BIONDO, JR., B City Attorney /t-y’- -- bREhl J. HIRA.TA ti --- .._. UEPW’Y WPt AlTORNEy (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached. I -6- REV 7-28-87 1529 EXHIBIT “A” LEGAL DESCRIPTION LOT 37 OF CARLSBAD TRACT NO, 81-46, UNIT NO, 2., ACCORDING TO MAP NO, 11288, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY DATED JULY 16, 1985, STATE OF CALIFORNIA 1 ) ss. COUNTY OF SAN DIEGO 1 On this second day of July, in the year of 1990, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Dean Greenberg, known to me (or proved to me on the basis of satisfactory evidence) to be the president of CENTRE DEVELOPMENT, 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, said corporation being known to me to be the general partner of CARLSBAD AIRPORT ASSOCIATES, a general partnership, and acknowledged to me that such partnership executed the same as the sole general partner of CARLSBAD AIRPORT CENTRE, a limited partnership, the partnership that executed the within instrument and acknowledged to me that such last named partnership executed the same. WITNESS my hand and official seal. (notary seal) Notary Public in and for said County and State STATE OF CALIFORNIA COUNTY OF LOS ANGELES ON THIS 6771 DAY OF XL-/ 19?fi, BEFORE ME STEVEN W. MCCORMICK, NOTARY PUBLIC, PERSONALLY APPEARED-&& ,D. ,+'crbp,& PERSONALLY KNOWN TO ME TO BE THE PERSON WHO EXECUTED THE WITHIN INSTRUMENT NOTARY PUBLIC