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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" KM L RR MADW L ii 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/ • • • • * .• • • /1/ • • • • • • •: • •• • •• •-• /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,