HomeMy WebLinkAboutCT 81-38; CARLSBAD INDUSTRIAL ASSOCIATES; Tentative Map (CT) (2)4tJ ic:u:rsU.
REQUEST
O Zone Change 0 Precise Development Plan o General Plan Amendment 0 Specific Plan
j1 Tentative Tract Nap 0 Site Development Plan o Planned Unit Development 0 Conditional Use Permit
Major Condninium Permit Q-- 0 variance o Minor Condominium Permit 0 Planning Caitnission Determination
:9 Master Plan
V .:.. . Use Permit
Complete Description of project (attach additional sheets if necessary)
V
Conversion of an existing office and warehouse building to commercial
condominiums. VV V V
Location of Project
Palomar Airport Business Park Lot 7 Carlsbad, California. V V V V
Legal Description (complete) 'V
V V Lot 7, Carlsbad Tract No 73-49 (C.C. & F. Palomar
Airport Business Park) Unit No. 1, per map thereof No. 8054 filed 12/31/74.
Assessors Parcel December 31, 1974
V
V 213-050-07 V
Zone General Plan Edsting Land Use
PM . P1 V PM
Proposed Zone Proposed General Plan Site Acreage
PM P1
V
6.345 .
Owner V Applicant V -
same -(Print or .pe) V V Name (Print or Type) . .. V
Carlsbad Industrial Associates, Carlsbad Industrial Associates-, Ltd.
4ailing Address Ltd. Nailing Address
2270 Camino Vida Roble V 2270 Camino Vida Roble
City and State Zip Telephone City and State Zip Telephone
Carlsbad, Ca. 92008 . Carlsbad, Ca. 92008
I CERTIFY THAT I AM THE LEGAL CXNER AND I CERTIFY THAT I AM THE CNER'S REPRESENEVE
THAT ALL ¶IHE ABOVE n FOR ITON IS TRUE AND THAT ALL = ABOVE INF0RMTION IS TRUE
AND CORRECT ¶10 ThE BEST OF MY KNOWLEIXE AND CORRECT ¶10 THE BEST OF NY IKNONLEDGE
A7/c1l;' - i/u 272 /A)5
SIGNATURE D SIc[URE
Date ApplicationP4 Rec,9BY Fees Received - - VP' V
Date Application Received V Staff Asscmed i case Ninber V V V
If after the information you have submitted has been reviewed, it is determined
that further informatio required, you will be so ad
APPLICANT: - CarLSbad ludustrial Associates, Ltd.
Name (individual, partnership,. joint venture, corporation, syndication)
2270 Camino Vida Roble 6anlsbad, Ca 92008 V
• Business Address (Suite 200)
V
V (714) 438-9273 V V
Telephone Number V
V
V
AGENT: V
V
Arevalo & Safino V
V Name
V
V 8913 Complex Drive, Suite C, San Diego, CA 92123
Business Address V
V 714-5604141
V V Telephone Number V
MEMBERS: RichardL.Darling
Name (individual, partner, joint
vtelflcpJ6ion, syndication)
170 Ocean Avenue
V Santa Monica, CA 90401
Business Address
213-394-7082
Telephone Number
Salvatore P. Osio
Investors lion Ocean Avenue
Santa Monica, CA 90401
Business Address
1000 Stradella Road V -
Home Address
Bel Air, CA 90021
Telephone Number
935 Georgina Avenue
Home Address V V
Santa Monica, CA 90401V V
213-394-7082
Telephone Number Telephone Number
(Attach more sheets if necessary)
I/We declare under penalty of perjury that the information contained in this dis-
closure is true and correct and that it will remain true and correct and may be
relied upon as being true and correct until amended.
ZApplicant
BY
Agent, Owner, Partner
after the information ou have submitted has been re wed, it is determined
further informatio required, you will be so ad ed.
APPLICANT: Carlsbad Industrial Associates, Ltd.
/ Name (individual, partnership,. joint venture, corporation, syndication)
/ Garilsbad, Ca 92008
Business Address (Suite 200)
(714) 438-9273
Telephone Number
AGENT: Arevalo & Safino
Name
8913 Complex Drive, Suite C, San Diego, CA 92123
Business Address
714-560-1141
Telephone Number
MEMBERS: Richard L. Darling
Name (individual, partner, joint
syndication)
-170t Ocean Avenue
Santa Monica, CA 90401
Business Address
213-394-7082
Telephone Number
Salvatore P. Qsio
N v Investors 17Ot Ocean Avenue
Santa Monica, CA 90401
Business Address
1000 Stradella Road
Home Address
Bel Air, CA 90021
Telephone Number
935 Georgina Avenue
Home Address
Santa Monica, CA 90401
213-394--7082
Telephone Number Telephone Number
(Attach more sheets if necessary)
x/c'ze declare under penalty of perjury that the information contained in this dis-
closure is true and correct and that it will remain true and correct and may be
relied upon as being true and correct until amended.
- VAppJ.icant
By
Agent, Owner, Partner
APPLICANT DISCLOSURE FORM
In order to assist the members of the Planning Commission and City Council
to avoid possible conflicts of interest, all applicants are required to
complete this disclosure form at the time of submitting their application.
When this form has been completed and signed, the information will be relied
upon by them in determining if a conflict may exist, so please ensure that
all of the information is completed and accurate. If at anytime before a
final action on your application has been rendered, any of the information
required by this disclosure changes, an amendment reflecting this change must
be filed.
If the applicant is an individual, or a partnership (either general or limited)
or a joint venture, please state the full name, address and phone number of
each person or individual (including trusts) who own any beneficial interest
in the property which is the subject of this application.. Should one or more
parties to the application be a partnership or joint venture, then please
state the full legal name of the partnership or joint venture, its legal
address and the name and address of each individual person who is a general
and/or limited partner or member of the joint venture..
Should one or more of the parties be a privately held corporation (10 share-
holders or less) or a real estate syndication, then please state the state of
incorporation or syndication, corporate number, date of incorporation or
syndication, corporate or syndicate address, and the full names and addresses of
each individual shareholder or syndicate member. Should the corporation be
A publically held corporation, then state the full name and address of the
corporation, the place of its incorDoraticn, number of shareholders, and the
name and address of the officers of the corporation.
Should you feel that additional information needs to be provided in order to
provide a full disclosure, please include it.
FORM 40PLANNING DEARThcEITI'
•
SAFECO TITLE INSURANCE COMPANY
ARVALO & SASINO
8913 Complex Dr., Suite C
San Diego, CA 92131
Attention: Wes Zicker
1301 THIRD AVENUE
P. 0. BOX 1590
SAN DIEGO, CALIFORNIA 92112
(714) 232-4031
Your No: 27390
Our No: 11-619975
Dated as of June 10, 1981 at 7:30 a.m.
In response to the above referenced application for a policy of title
insurance,
SAFECO TITLE INSURANCE COMPANY
hereby reports that it is prepared to issue, as of the date hereof, a
California Land Title Association Standard Coverage Form Policy of
Title Insurance describing the land and the estate or interest therein
hereinafter set forth in Schedule A, insuring against loss which may be
sustained by reason of any defect, lien or encumbrance not shown or
referred to as an Exception in Schedule B or not excluded from coverage
pursuant to the printed Schedules, Conditions and Stipulations of said
policy form.
This report (and any supplements or amendments thereto) is issued
solely for the purpose of facilitating the issuance of a policy of
title insurance and no liability is assumed hereby. If it is desired
that liability be assumed prior to the issuance of a policy of title
insurance, a Binder or Commitment should be requested.
DON WROE
Title Officer
(
S S
Order No. H-619975
SCHEDULE A
The estate or interest in the land described or referred to in this
schedule covered by this report is:
A FEE
Title to said estate or interest at the date hereof is vested in:
CARLSBAD INDUSTRIAL ASSOCIATES, LTD., a California limited partnership
The Land referred to in this report is situated in the State of Cali-
fornia, County of San Diego, and is described as follows:
SEE EXHIBIT "AT' ATTACHED
I
H-619975
EXHIBIT "A"
Lot 7 of Carlsbad Tract No. 73-49 (C.C. & F. Palomar Airport Business
Park) Unit No. 1, in the City of Carlsbad, in the County of San Diego,
State of California, according to Map thereof No. 8054, filed in the
Office of the County recorder of San Diego County, December 31, 1974.
EXCEPTING therefrom all oil, gas and mineral rights as contained in the
deed dated January 22, 1958 from Carlsbad Properties, Co-Partnership to
County of San Diego, a political Subdivision of the State of Californa,
recorded February 17, 1958 as Document No. 24786 in Book 6952, page 391
of Official Records, which recites: "Reserving unto the grantors herein,
its heirs, executors, administrators, successors and assigns for a
period of fifty years from the date hereof all oil, gas and mineral
rights in the property herein described, without, however the right to
drill, mine, explore and operate through the surface or the upper 100.00
feet of the subsurface of said property or otherwise in such manner so
as to interfere with the use or proposed use of the property by the
grantee, its successors or assigns or in any manner as to endanger the
safety of any airport or building or structure that may be constructed
on said property or proposed to be constructed on said property.
YPED /rnk
3-7-80
H-607051
a .
Order No. H-619975
SCHEDULE B
At the date hereof Exceptions to coverage in addition to the printed
exceptions and exclusions contained in said policy form would be as
follows:
1. General and special district taxes, a lien not yet payable, for the
fiscal year 1981-82.
2. Covenants, conditions and restrictions, but deleting restrictions,
if any, based upon race, color, religion or national origin, contained
in an instrument recorded October 1, 1974 as File No. 74-263897 of
Official Records and in instrument declaring a modification thereof
recorded June 1, 1977 as File No. 77-212678 of Official Records and June
27, 1977 as File Nos. 77-252978 and 77-252979 of Official Records.
Said instrument provides that a violation thereof shall not defeat
nor render invalid the lien of any mortgage or deed of trust made in
good faith and for value.
3. An Easement affecting a portion of said land and for the purposes
stated herein and incidental purposes in favor of the San Diego Gas &
Electric Company,
For: Pole lines and/or underground conduits
Recorded: July 29, 1975 as File No. 75-197492 of Official Records
Affects: Said easement is described as follows:
Beginning at the Southeast corner of said Lot 7; thence North
88 °00'00" West along the Southerly line of said Lot 7, a distance of
14.00 feet; thence leaving said Southerly line North 2 °00'00" East, 7.00
feet; thence South 88 °00'00" East, 20.00 feet; thence South 2 °00'00"
West, 7.00 feet to a point in the Southerly line of said Lot 6; thence
North 88 °00'00" West along said Southerly line, a distance of 6.00 feet
to the Point of Beginning.
ALSO: Beginning at the Southwest corner of said Lot 7; thence
North 003514 East along the West line of said Lot 7, a distance of
6.00 feet; thence South 88 °00'00" East, 40.15 feet; thence South 2 °00'00"
West, a distance of 6.00 feet to the South line of said Lot 7; thence
North 88°00'00' West along said South line, a distance of 40.00 feet to
the Point of Beginning.
4. An Easement affecting a portion of said land, and for the purposes
stated herein and incidental purposes in favor of the Pacific Telephone
and Telegraph Company,
1-
. I
V 0 S
H-619975
Page 2
For: Underground communication structures
Recorded: September 11, 1975 as File No. 75-245674
Affects: The Easterly 20.00 feet of the Southerly five (5) feet.
5. A deed of trust dated February 8, 1980 to secure an indebtedness of
$2,000,000.00, and any other obligations secured thereby, recorded
February 29, 1980 as File No. 80-068909.
Trustor: CARLSBED INDUSTRIAL ASSOCIATES, LTD., a California Limited
Partnership
Trustee: IMPERIAL BANCORP., a California corporation
Beneficiary: IMPERIAL BANK, a California corporation
6. Any claims of lien that may be filed against said land by reason of
a work of improvement thereon as disclosed by Notice of Completion
recorded January 22, 1981 as File No. 81-021195.
7. Any claims of lien that may be filed against said land by reason of
a work of improvement thereon as disclosed by a Notice of Non-Responsibility
recorded March 4, 1981 as File No. 81-066538.
8. An unrecorded lease executed by and between the parties named
herein, for the term and upon and subject to all of the terms, covenants,
and provisions contained therein,
Dated: Not shown
Lessor: CARLSBAD INDUSTRIAL ASSOCIATES, LTD.
Lessee: AMEX INTERNATIONAL
Term: Not shown
Disclosed by: A notice of non-responsiblity recorded March 4, 1981 as
File No. 81-066538
QUALITY
ORIGINAL (S)
111111111
*
Ii $NGCQUR*T[DU
AND WHgN 5(CO5O5D NAn. TO
01— CASL4D INDUSTRIAL ASSOCIATES, LTD.
11440 San Vicente- Blvd. *200
.Los Angeles, Ct 90049
-.1
J,.,Aa na,Nsfl O
N-
Same as above
L - I - SPACE ADOVE THIS LINE FOR RECORDES USE
113 —Oo —07 Corporation Grant Deed
,, ThI$ YOM NFUSNIØIJCD RY TICOR'TITLC tNouNCRU A.P
The undersigned grantor(s) declare(s)-
TRANSFER TAXDocumentary transfer tax is-S_1OR1_SO 8MIDIECO OIN17y RECORDER 44 computed on full value of property conveyed, or
computed on full value less value of liens and encumbrancearemainiiig at time of sale. I ) Unincorporated area: ( ) City of - - , and
FOR A VALUABLE C0NSID1yATI0N, receipt of which in hereby Acknowledged, -
CITY INVESTORS, INC.. a California corporation
a corporation organized under the law, of she State of California hereby GRANTS to
the foljowing described real property in the
Count) of San Diego ,State of California
Lo t 7 of CARLSBAD TRACT NO. 73-49 (C. 'C. & P. PALOMAR AIRPORT BUSINESS PARK) UNIT NO.
1, in the City of rrlabad, according to Map thereof No. 8054, filed in the Office
of the County Reoider of said San Diego County, December 31, 1974.
In Witness Whereof, said corporation has cause1 its corporate name and seal-to be affixed hereto and this il,irO-
snem to be executed by its...... ___Prenident and Secretary
theteunto d ly authorized. CITY' INVESTO * C., a
Dated: Pebruary8, 1980 corporation -Af
STATE OF CALIFORNIA 'I SS. COUNTY 0
On &Lef"Ieg
hetzremathr -der-
personally aimed, No1_, Public In- and br tuid bate. peuwnally appear d secret k,,ow, - - - - -
b dea
-
Is me, lu.e,tteu ,- -,----Preüçand
ft•h. kunwutamewbe -
Sncreca of the Corporation-thal executed the within looteame,t. kdowS to th., to be the pernon. who- memled the within Instrument of the Cuepoostlos therein armed, and OFFICIAL SEAL acknowledged-to me that such Corporation esmuted the *ItLfn ImtTa meta pursuant to'las,by-laws; or a resolution of fis board of direetois. NOTARY PUDLIC . CA' IFORNIA a 0111
WITNESS my-haunt and official
I
TERRY L LOMBARDI
LOS ANGELES Cv;rm
MY
. ,• cc -
signut icCi ç , /114i(. - cc
(This ma, Cu. uC,l.l a.,..l.l ...t)
Tide Order No.,Al2P$/ Escrow or Loan No -
MAIL TAX STATEMENTS AS DIRECTED MOVE
RW
FEB28 &OOAM 80
OfflcIk mcom VA OW CWW C"
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A ~T
RECORDED AT REQUEST OF AND
WHEN RECORDED NAIL IC:
A. Bruce Gilmore, Esq.
Brobeck, Phieger & Harrison
Spear Street Tower
Cne Market Plaza
San Francisco, California 914105
CERTIFICATE OF LIMITED PARTNERSHIP
CARLSBAD INDUSTRIAL ASSOCIATES, LTD.
We, the undersigned, desiring to form a limited
partnership pursuant to the Uniform Limited Partnership Act,
as contained in Sections 15501, et sea., of the Corporations
Code of the State of California, do hereby execute this
Certificate of Limited Partnership pursuant to Section 15502
thereof.
1. The name of the Partnership is Carlsbad
Industrial Associates, Ltd.
2. The character of the business intended to be
transacted by the Partnership is as follows: To purchase,
hold, improve, lease, maintain, operate, finance, sell,
dispose of and otherwise invest in and deal with an
industrial project ("Project") in Carlsbad, California. The
Partnership shall not engage in any other business or
activity.
3. The location of the Partnership's principal
place of business is City Financial Center 200, 114140 San
Vicente Boulevard, Brentwood, California 90049 until changed
by designation of the General Partners, with notice to the
Limited Partner.
-1-
4. The names and places of residence and place of
business of the General Partners of the Partnership are:
Richard L. Darling Salvatore P. Oslo
Residence: Besidencs:
1000 Stradella Road 935 Georgina Ave.
Bel Aire, CA 90021 Santa Nonica, CA 90402
Business:
City Investors
Brentwood Financial Center 200 *
11440 San Vicente Blvd.
Los Angeles, CA 90049
5. The sole Limited Partner is Palomar Investors,
Ltd., a California limited partnership. The Limited Partner
has contributed cash to the Partnership in an arncunt equal
to One Million Fourteen Thousand Dollars ($1,014,000.00).
6. The Partnership shall exist for the term com-
mencing as of the date of the filing and recording of this
Certificate, and shall continue for a period ending on the
earliest of:
(a)
(b)
the Partnership is
obligations of the
(c)
dissolved pursuant
Agreement; or
December 31, 2040;
The date on which all property owned by
sold or otherwise disposed of and all
Partnership terminate;
The date on which the Partnership is
to Section 9 of.the Limited Partnership
(d) The date on which the Partnership is
dissolved by cperation of law or judicial decree.
7. The General Partners have no right, to admit
additional linited partners.
8. No additional contributions to the capital of
the Partnership by the Limited Partner are required.
MPM
0 4b
9. Taxable income, taxable loss and cash
distributions of the Partnership shall be allocated and
distributed as follows:
(a) ALLOCATION ---- PROFITS
(i) Except asotherwise provided in
subsections (a)(ii) and (a)(iii) hereof, in proportion to
the percentage of Cash Available For Distributjcn, as
defined in the Limited Partnership Agreement, received by
each Partner determined on an accounting year basis,
provided that in the event no Cash Available For
Distribution is received by any Partner during an accounting
year and the limited Partner has not received cumulative
cash under subsection (b)(ii) aggregating its Capital
Contribution, then ninety-nine (99%) to the Limited Partner
and one percent (1%) to the General Partners; if no Cash
Available For Distribution is received, by any Partner during
an accounting year subsequent to the time which the Limited
Partner has received cumulative cash distributions under
subsection (b)(ii) in an amount equal to or greater than
their Capital Contribution, then fifty percent (50%) to the
Limited Partner and fifty percent (50%) to the General
Partners.
(ii) Except as provided in subsection
(a)(iii) hereof, gain from the sale of all or any portion of
the Project shall be allocated as follows:
(1) first, ninety-nine percent (99%) to
the Limited Partner and one percent (1%) to the General
Partners until the Limited Partner has received cumula-
tive cash distributions under this subsecticri (a)(ii)
aggregating the Capital Contribution;
S -3-
3-.
,..-,-..-.
(2) then fifty-five percent (55%) to
the Limited Partner and forty-five percent (145%) to the
General Partners.
(iii) Notwithstanding subsections (a)(i) and
(a)(ii) above, for-income tax purposes, profit or gain from
the sale of all or any portion of the Project or, Partnership
property which is solely attributable to depreciation or
refinancing proceeds shall be allocated to the Partners to
whom such depreciation was previously allocated or such
refinancing proceeds were distributed.
(b) E121RIRUT IO NS
(i) Subject tc availability, Cash Available
for Distribution shall be distributed at monthly intervals
to the Limited Partner and the General Partners as follows:.
(1) first, ninety-nine percent (99%) to
the Limited Partner and one percent (1%) to the General
Partners until the Limited Partner has received
Distributions within the calendar year, but not an a
cumulative basis, equal to ten percent (10%) of the
Limited Partner's TJnreccvered Investment (as defined in
the Limited Partnership Agreement), as such tinrecovered
Investment is calculated on -a monthly basis; and
(2) the balance, including during such
time as the Limited Partner's tinrecovered Investment is
zero (-0-), fifty percent (507.) to the Limited Partner
and fifty percent (50%) to the General Partners.
(ii) Cash From Sale or Refinancing, as
defined in the Limited Partnership Agreement, shall be
distributed to the Limited Partner and to the General
-4-
ik
S S - -' -.5 -.----, - -5- - ,-.-,--. '__. - ----------5---,-----.-- -'-----,-- 77
-
S
Partners at monthly intervals subject to availability as
follows:
(1) ninety-nine percent (99) to the
Limited Partner and one percent (1%) to the General
Partners until the Limited Partner has received cumula-
tive cash distributions under this subsection (b)(ii)
aggregating the Capital Contribution; and
(2) after the Limited Partner has
received cumulative cash distributions under this
subsection (b)(ii) aggregating the Capital Contri-
bution, then fifty-five percent (55%) to the Limited
Partner and forty-five percent (45%) to the General
Partners.
(c) ALLOCATION OF INVESTMENT TAY CREDIT
Any investment tax credit available to the
Partnership shall be allocated in the same manner in which
profits are allocated under subsection (a)(ii) at the time
the asset giving rise to the investment tax credit is placed
in service.
10. The Limited Partner has no right tc the
return of its Capital Contribution, except upon dissolution
of the Partnership.
11. Subject to approval of the General Partners
and compliance with applicable laws and regulaticns, the
Limited Partner may assign its interest in whole or in part.
12. The Limited Partner shall have the following
rights affecting the basic structure of the Partnership:
(a) Removal of a General Partner (one or
both);
-5-
ID 03
- (b) Election of a successor General Partner;
(c) Cause the amendment of the Partnership
Agreement;
(d) The sale of all or substantially all of
the assets of the Partnership; however, that the General
Partners shall not be required to sell the Project or any
part thereof for a gross sale price, less than Forty Dollars
($40.00) per square foot of building area;
(e) Termination of the Partnership.
13. The General Partners are authorized to
execute on behalf of the Partnership any deed, conveyance,
deed of trust, contract, note, escrow instruction,
assignment of a deed of trust, reconveyance under a deed of
trust, and any other document affecting any interest in real
property and appurtenant improvements, or relating to any
loan secured by real property now owned or hereafter
acquired by the Partnership. No other Partner need sigrr any
of these documents.
14.' The Limited Partner may not demand or receive
Property other than cash in return for his Capital Contri-
bution to the Partnership.
15. The Partnership shall dissolve and terminate
upon the retirement, removal, adjudication of bankruptcy, or
insolvency or the dissolution of the sole remaining Genera].
Partner; unless the Limited Partner designates itself or any
third party as a new General Partner or General partners and
agrees to continue the business of the Partnership.
16. This Certificate may be further amended in
acccrdance with Section 15525.5 of the California
Corporations Code.
-77
::'i:' :'L.''' ,,.' '-i; •''"•' •1. ' , ' ' '
H o S
13
IN WITNESS WHEREOF, the undersigned have executed
this Certificate of limited Partnership on this day of
February, 1980.
EIRAL PARTNERS:
• •... /-:* •/ -
•--
ai:
Sá1atb P. Oslo
LtMIEt PARTNER:
P166i Investors, Ltd.,
è. Ciifornia limited partnership
Th
bY John W. Russell,
V,thetal Partner
-------------
b ohh C. Telischak,
•
Eh
Partner
-7-
I]
STATE OF CALIFORNIA )
COUNTY OF SAN FRANCISCO )
Cn this ,'' d4i b ebruary, 1980, before me,'
0aiblic in and fcr the State
of California, residing tii1h duly conimissior.ed and
sworn, personally appeared 64k . RUSSELL and JCHN C.
TEL ISCHAK, known to we to of the partners of the
partnership that executed 1thin instrument on behalf of
Palomar Investors, Ltd., dä1jornia limited partnership,
and acknowledced to me th ik partnership executed the
same.
IN WITNESS WHER, t have hereunto set my hand
and affixed my' official sêàl tfiL5 day 'and yGar in this
certificate first above wtittti
CFORNIA #CTAOY PUBLIC
CiSCO 4.ate of California
. '
(SEAL)
,.:
11
STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES )
On this daI bf PdbruarYp 19800 Lfore me,
a Noty PUblic in and fcr the State
of California, residing th6rtihk duly commisjcrd and
sworn, personally appeared thtVATORE P. oslo RICHARD L.
DAPLIN(, known to me to be the Petsons whose are
subscribed to the within insrtInent and acknc1c ge d to me
that they executed the samé
IN WITNESS WHEEOFe ± have hereuntc srt my hand
and affixed my official sei thrai . day and year in this
Certificate first above writtri
! c ommission rres:
(SEAL) OFFICIAL SEAL I
TERRY L LOMBAb R
N3TAY PU[JLC - CAUFORNA j(
LOS AtOtLES cojJfy
" My c:rim. expires JUL 29, 198i
Afte' recprding return to:
city.,o. Carlsbad
l00 Elm Ave
Carlsbad, CA 92008 AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
,?rDr1f' PWTT.TTIES. FEE
into t1s._daY of_X_—
IS AGREE4ENT is entered THIS
dustrial ciates, Ltd.
by and between
L2hf,;
evelOP T 2
referred as - hereinafter
rtnership etc
whose- iS Deve1Oper", St 1 f
"--' -'-' 92008
and THE CIT!t O
(Cltyr: :
CARLSBAD, a municipal :corporatlon of the State of CaliforX4at
Elm
hereinafter referred to as.CitY whose address is 1200
Avenue, Carlsbad,. California, 92008
WTNEsSETH
WHEREAS, Developer is the owner of the real property. described
on Exhibit
attached hereto and made a part of this agreemefltt
hereinafter referred to as '°PropertY' and
WHEREAS, the Property lies withifl the boundaries of City;
and
WHERAS DeveloPer proposes a development :project as follows:
existing office and warehouse building
conversioh Of
OómmerCl condomifl1Uma5__L
4MM80 0 .
P - /
on said Property, which develOpment carries the proposed name
• • Of. Palomar Aikgort Business, Park, L
and is hereafter referred to as 'Developmnt"; and
WHEIEAS, Developer filed on the 7th day Ofu1_
1981 , with the City a request for
(hereinafter referred to as Request"; and
• .1. 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 ned or such development shall not be approved
• (said element is on file with the City Clerk and is incorporated
by this reference; •and V •
: . •
/ - WHEREAS, Developer and City recognize the correctness of
Council Policy No. 17, dated August 29, 1979 on file with the City Clerk and
incorporated by this reference.'and that theCityrs 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
- . facilities and services will be available to meet the future V
• needs of the Development as it is presently proposed; but the V
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
V 2o' - - -
s e
• to help satisfy the General Plan as implemented by Council Policy
'No. 17by payment of a public facilities fee.
NOW, THEREFORE, in consideration of the recitals and the
- covenants contain&d herein, the parties agree as follows:
•
I.• The Developer shall pay to the City a public facilities
fee ixran amount not to exceed 2% of the building permit valuation
• of the buildings or structures to be constructed in the Development
t I
pursuait to the Request. Tbe-.fe shall be paid prior to the -'
•issuaiicé of building orother'construction permits for the 'develop
inent and shall be based on the valuation at that tinie. This fee
shall be in addition tä 'any fées, dedications or improvements
• required pursiant toTitles'l8,2O or 21.of the Carlsbad Municipal
Code. A credit toward such fee shall be given - for land, which has
been. dedicated for park purposes or for any fees paid in lieu
thereof pursuant to Chapter 2044 of the Carlsbad Municipal Code.
Developer shall pay a fee for conversion of existing buildingsor
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
ued in this agreement, except in reference to xnobilehome 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 r occupancy ,for which
- • • • • •
the development is intended. Developer shall pay to City a public
• facilities fee in the sum of $1450 for each inobilehome 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. A credit toward such fee shall be given
foriand. which has been dedicated for park purposes or for any fees
f I
Tpaidin lieu thereof Pursuant to Chaptér20.44of the Carlsbad
Municipal Code.
• 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 I. above. If 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 redit 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
• iient. Sites donated under this paragraph shall not include improvements
• required pursuant to Titles 18 or 20 of the Carlsbà,d Municipal
Code.
3 Thip 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
- . • ' 4 . • •.
: I
•'
.' '•
*
be void. No buiiditg 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
'agehcies'as evidence of adequate public facilities and servides
sufficient to accommodate the needs' of the Deve.lopment herein
described.
6 All obligations hereunder shall terminate in the event
• the Requests made by Deyeloper 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 manner:
7.1 If notice is given to the City by personal delivery
• thereof to the City or by depositing seine in the United States
-Mall, addressed to the City at the address set forth herein, '
enclosed' in a sealed envelope, addressed to the City for attention
• of the City. anager, 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..
• 5. '- .
•'i•tt'•*&•"•
1
Mail, enclosed in aseaied enelope, addressed to Developer at the
address as may have been designated, postage prepaid and certified
B. This agreement shall be binding upon and shall inure to
the benefit of, and shall apply to, the respective successors an
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 assigfls 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
• 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.
/1/: • • • • •. • • -•
• •. • • • • •• • • •
• . • • :. :.
• • • /1/ • • • • * .• •
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• •: • •• • •• •-•
/1/ • • • • •
• -• •
- -*
• a •
• /1/ . • • ••- • •• * •
• • 6 • -
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
corporation. of the State of California
CARLSBAD INDUS T AS - P
By " By4,6
manager
Richard L. Darlin
By________________ •• :
0
• ATTEST: S
•1 . -
• I4LETHA L RAUTENKRANZ City Clerk S -
• APPROVED AS TO FORM: S • S
VINCENT F. BIONDO, JR0..,
City Attorney • S .
(Notarial acknowledgement of execution by DEVELOPER-OWNER must
* be attached)
7.
STATE OF CALIFORNIA )
) SS.
COUNTY OF LOS ANGELES )
On August 19 9 1981, before me, the undersigned, a Notary Public in
and for said County and State, personally appeared Richard L. Darling,
known to me to be the General Partner of Carlsbad Industrial Associates,
Ltd., the ____ Partnership that executed the within instrument,
and acknowledged to me that he executed the same as such General
Partner, and that such Partnership executed the same.
WITNESS my hand and official seal.
I
OFFICIAL SEAL
SHARON SEESE
NOTARY PUBLIC - CALIFORNIA 1?
LOS ANGELES COUNTY My Comm. expires DEC 14. 1982
VZAM'~&~ Public
23
EXHIBIT 'CA"
LEGAL DESCRIPTION
Lot 7 of Carlsbad Tract No. 73 49 (COC. & F. Palomar Airport
Business Park) unit No, 1 per Nap thereof No. 8054, filed
December 31 8 1974,