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HomeMy WebLinkAboutCT 83-10; GRAHM INTERNATIONAL; Tentative Map (CT)4 LU zA7 REQUEST o Zone Change OGeneral Plan Amendment Tenttive Tract Map Planned Unit Development OMajor Condominium permit OMinor Condominium Permit 0 Master Plan 0 Major Condominium Conversion []Major Redevelopment Permit (check other boxes if appropriate) 0 Minor Redevelopment Permit []Precise Develonent Plan* OSpecific Plan 0 Site Develoent .Plan 0 Conditional Use Permit 0 Variance 0 Planning Coitmission Determination OSpecial Use Permit DAdministrative Variance ate Description of Project (attach addit sheets if necessary vision - four office buildincs and 1 bank bull Location of Project At the southeast corner of Palomar Airport Road and Yarrow Drive Legal Description (complete) Lot 13 of Carlsbad Tract No. 73-49 in the City of--Carlsbad, Coiinf of - San Diego, •State of California, according to map thereof No. 8054 filed - with the County Recorder of San Diecro, December 31, 1974. U - Assessors Parcel Number j Ene T[C-eneral Plan Existing Land Use Wart Ind an - PM -- P1 9.5± Acre - Owner Applicant ame Print or Type) Name (Print or Type) G.B.P. INVESTMENT GROUP Rick Engineering Company Mailing Address mailing Address 2121 Palomar Airport Road Suite 300 3088 Plo Pico Dr. Ste. 202 ity and State , Zip Telephone City and State Zip Telephone Carlsbad, CA 92008 Carlsbad, CA 92008 (619)729-4987 I CE1IFY THAT I AM THE LEGAL OWNER AND I CERTiFY THAT I AM THE OWNER'S REPRESENTATIVE THAT ALL TUE ABOVE INFORMATION IS rpjj AND THAT ALT, THE ABOVE INFORMATION IS TRUE AND CORRECT W TUE BEST OF MY KNOWLEDGE. AND (X)BRECT TO THE BEST OF MY KNOWLEDGE. • SIGNATURE,; DATE Data Appi iioic'TiCeivdBV lxita 1\p;1iCiLiOfl Rac d $4WAJ DATE Fees Reciva< eipL P4J. 4f4V*1O TTise N 7 If after the information y u have submitted has been reviewed, it is determined. that further information required, you will be so adid.. PPLICPNT: . GRAHAM BUSINESS PLAZA - Name (individual, partnership, joint venture, corporation, syndication) 2121 Palomar 'Airport Road, Suite 300', Carlsbad CA 92008 - Business Address ... 619/438-1545 . 1.. . . .. 0 - Telephone Number ... AGENT: GRAHAM IN1'ERNATi0NAL INC., Gener1 Partner . .. Name '. . .• . 2121 Palomar AirpbrtRóad.,Suite 300, Carlsbad CA92008 Business Address 619/-43R-.1545 • Telephone Number . -: - .1 :. • GRAHAM FAMILY TRUST, R0BRT K GRAHAM, 3024 Sycamore Lane, Escondido CA 920Z5 Name '(individual, partner, joint TRUSTEE some i4drss venture, corporation, syndication) . . . . . 2121 Palomar Airport Road, Suite 300; Carlsbad CA 92008 Business Address . . . 619/438-1545 -. 0• 619Z 745-4840 S Telephone Numer . Telephone Number GRAHAM FAMILY TRUST, ROBIN B. GRAHAM, 7343 Vista del Mar, La Jolla CA92037 • -• : N.rae . . S TRUSTE Home Address 2121 Palomar Airport Roa'd, Suite 300, Carlsbad CA 92008 Business Address 05 0 619/48-1545 •0 S. 61'9/456-0224 - .:- • Telephone Number Telepone Nt=iber SUSAN J. GRAHAM TRUST OF 11/12/82, SUSAN J. GRAHAM, TRUSTEE* P. 0. BOx 1837 Rancho Santa Fe CA 92067 • 2121 Palomar Airport Road, Suite 300, Carlsbad CA 92008 619/756325 • S 19/4381545 S . . . .5 .S •• • S •• S . (Attach more sheets if necessary) . : 1/'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. 0 S S Applicant • 0 ___________ i,.nt• P;trrT'r • APPLICANT DISCLOSURE FORM In order to assist the members of the Planning Commission and City Council to avoid possible conflicts of interest, all appli- cants are required to complete this disclosure form at the time of submitting their application. When this form has been com- pleted 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 .s 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 gen- eral 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 shareholders 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 syn- dicate address, and the full names and addresses of each individual shareholder or syndicate member. Should the corpor•- ation be a publically held corporation, then state the full name and address of the corporation, the place of its incorporation, 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. 0 0, () STATEMENT OF AGREEMENT TENTATIVE SUBDIVISION MAP CITY OF CARLSBAD The Subdivision Map Act and the Carlsbad Municipal Code sets a fifty (50) day time restriction on Planning Commission processing of Tentative Maps and a thirty ('30) day time limit for City Council action. These time limits can only be extended by the mutual concurrence of the applicant and the City. By accepting applications for Tentative Maps concurrently with applications for other approvals which are prerequisites to the map; i.e., Environmental Assessment, Environmental Impact Report, Condominium Plan, Planned Unit Development, etc., the fifty (50) day time limits and the thirty (30) day time limits are often exceeded. If you wish to have your application processed concurrently, this agreement must be signed by the applicant or his agent. If you choose not to sign the statement, the City will not accept your application for the Tentative Map until all prior necessary entitlements have been processed and approved. The undersigned understands that the processing time required by the City may exceed the time limits, therefore the undersigned agrees to extend the time limits for Planning Commission and City Council action and fully concurs with any extensions of time up to one year from the date the application was accepted as complete to properly review all of the applications. Signature Date Michael L. Loban Name (Print) Relationship to Application (Property Owner-Agent) • I-)" 1?1t tor IøJ QUALITY ORIGINA,( S) •i cALF7ORN IA -WORLD -TITLE cOMPANY 'I- 8304 CLA: MOAT. ME-SA BOULEVARD • SAN DIEGO, CALIFORNIA 92111 • (714) 278-4171. PRELIMINARY REPORT • GitARA INTEiilATtON&L • 2121 PALOMAR AIRPORT RIL STIL 300 • CAiLSIAD, CA Date lumm 2, 193 Attention: L LORAN Your No. 782C GW41.1 TTIORkL Our No. 559-05 Dated as of ............MMI. 21.......19 . . ... at 7:30 A.M. In response to the above referenced application for a policy of title insurance, the insurer 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 dr 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. .............. TITLE OFFICER r - MMtIE CIOSiLAI - :• I i 1 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: G-rZj R'c ji /'\3 c.. GLI fl Tir4F CROUN- A LIMITED PAZTRfl1P The land referred to in this report is situated in the State of California, County of and is described as follows: LOT 13 OF GAiLS1A1) TRACT GO. (CCF PAUVIAR jflp'f UNIT W. L) IN THE CITY OF CARLAD cotnmr OF SAN, DIM, STaTE OF CaLIforW, RDIN TO MAP THEREOF IO. 8054 FILED LN THE OFFICE OF THE COUNT RECORDEi OF SAN DIEGO COUNTY, DECER 31, 1974. CLTA Preliminary Report Form 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: GURAL AND SPECIAL QURRY At'O CITY TAXES FOR TIM FISCAL YEAR 1983-1984 A LIES WT ir IL GiRAL ArU) SPECIAL COUNTY AN CITY TA)ZES FOR THE FISCAL TLR 1982-193 CLW1t ?SO1tL PROPERTY TAN, IF MY, FIRST ISTAU!ET ; ?I1 SEO INSTALLMENT PAID TAX. FIGIUS FOR 1982-1983 09019 PAMCEL 118. : 213-050-15 LAND $10381 000.00 $1,5OO,000.00 NONE : N0E AVIY OTU 62MUMPTIMS Frrur INSTALMEW ; $19,508.19 PALO SECOD INS TA L U4EN! $19,508.19 PAID 2. AM EASFXENr 01WCUM SAID ZAI) FOR THE PVfUGSE$ STATE!) HER,81N AND ItWENTAL PWOSES LU VAITOR OF , CLULSMD POPEET1ES FOR ; UNDELOROUND PIPELUIES RECORDED : PEORWARY 17, 1958 LU oo: 6952, PAGE 391 OF OFFICIAL RC0RL)S WD DEED !)ES HOT DNTAIN THE LUCATION OF SAID EASLNT 3. TUE 01? SSRVATIOS OF ALL OIL, GAS ARD KrIM-AL RIGRIS Lt.' A PORTION OF T9Z cui MCIRIBED PROMRTY, utThotrr, RMIMME1,4 THE ciT TO WaLLs MU, WLORE A) OPERATE TERONGZ THE SURFACE OF THE Uliu oo r FEET OF VIE U8SURWACE OF SAID PROPERTY OR OTDE IN SUCH IWZNER SO AS TO INTERFERE UTTE THE USE OR POFOSEI) USE OF SAID PROPERTY,, OR IN ANY AS TO ENDM TEE SAFET! OF ANY AIRPORT OR 8ULLDIG OR STRUCTURE MAT IfAT RE CONTAIN ON SAID PROFIEMV, OR PRWOSD TO BE CONSTRUCTED ON $AW PROP-MT! AS RESERVED IN USTRUIENTS RECORDED PEDRUARY 17, 1958 IN 0ON 6952, PAGE 391 AND APRIL 3, 1974 AS FILE NO. 74-0830I NOTE OP OFFICIAL RECORDS, 4. THE RIGHT TO EXTEND AND MAI tMAVI DRAINAGE STRUCTURES AND EXCAVATION ANt) EDANENEUT SLOPES. 3EY01-41D TEE UNITS OF THE RIOUT OF WAY GRANTED TREREIN UEERE REQUIRED FOR CONSTRUCTION ANI) MAINTENCE GRANTED TO THE COUNIn OF SAN DIEGO : OCTOBER 4, 1960 AS FILE NO, 195369 OF OFFICIAL RECORDS CLTA Preliminary Report Form - - REMD or SUR%fl! 1AP M00.1MM, To &ioi vi:ous O1Tt I1Et1$IOVS OF SAM IA MAI? 6493 6. 941 EAMENT AFFCTIG SAID tND FOR THE PIMPOSES STATED H ERXIN AND iiZZD1NTAL PLRFOSES IU FAVOR. OF CARLSILD PROPERTIES FOR UNDERGROUND PIPELINES RORDED : APRIL 3, 1974 AS FILE/PAGE NO 74-030I5 SAID J3) DOES VOT CONTAIN TIM LOCATION OF SAW EASL4LNT 7 ENANTS, WiOiTIOS AND RESTRICTIONS IN THE, DECLARATION OF RESTR.UTIONS, R.CORDEO Z OCTOBER 1, 1974 AS FILE/PAGE NO. 74-263S97 RESTRICTIONS IF ANY, BASED ON RACE, COLOR, RELIGION OR NATIONAL I(IN AE1 DELETED. SAID tOVEL1ANTS, CODITLONS AND RESTRICTIONS HAVE BEEN PURPORTEDLY MODIFIED BY AR IMMMMUT REMEDED C1EER 31, 174 AS FILE/Mt M. 74-37587 SAID COVENANTS,, ONDITLONS AND RESTRICTIONS HAVE BEER Pi1PORT1ThY MODIFIED Y AN LNSTRUMT CORDED JUME 27,, 1977 AS FILE/PAM, DO 7722979 S. THE R.IGRT TO MEND AND 4AINTAIN DRAINAGE STRUCTURES AND EXCAVATION AND MUNRIUM SLOPES BEYOND NE iJXITS 4W THE RIGHT OF MY GRANTED THEREIN WNERR REQUIRED FOR. CONSTRUCTION AND N&IMEMOCE GRANTED TO ViE O)UNTY OF SAN DIEGO REOIWED ; DECEMBER 12 1974 AS FILE/PAGE NO. 74-323259 1?ROVISIONS OF THE DEDICATION STATNENT ON NE MAP OF TNB TRACT swum ipLow, WIUCE RELoquisH CERTAIN RIGUTS OF INGR.PSB AND EGRESS TO TIM PUBLIC STREET HEREIN NAMED, tIFON THE tEi4S ThEREI1, EXCEPT Wt THE GENERM. URI4IC RtGNT TO 12AVEL THE 84E TRAM $054 STRJUST AFFECTED PALONAR AIRPORT ROAD 10. AN MSE4RNT AffECWZG SAID tAND FOR TUE NEFOSES STATED HEREIN AND IIJZNTAL PUMOSES LU FAVOR., OP S, Ull DIM GAS 6 ELECTRIC COiPANY FOR THE TRANLISSIOU AND DISTRIBUTION OF ELECTRICITY RECORDED : AUUS? 7, 1980 AS FILE/PAGE UG.. 80-250802 SAID DE DUES NOT CONTAIN THE LOCATION OF ASAID EAE4EI1, a. - - IL AN EASEKEllr AFFE=ING, SAW LAN!) FOR THE PURFOSES STATED ThERLL U'U II!)i?trAL P1RSES £t PAWLOF THE PACIFIC I LEPifO8 MD TELEGgAU COPAN( FOR tJRGROUNI) COVMUNICATM FACILITIES RCORDEyJ : FEBRUARY 19, 1981 AS FILL-/ ME NQ 914$20 SAID DEED DOES, NO? -CXflThtN ThE LOCATIO! OF SAID EASJ4RN?, 12* AN 1&&SN1EDT AfrFECTIM, 1RE Ft*TION OF SAID LAND MD FOR. 'WE FMPOSSS STATU -M4 AND NtLDENTAL POIU?OSES - IN VAIVOR Or - COSTA REAL MUNIC&AL WATER DISTRICT FOR A. i?IPELINS OR -P LPRLINFS ar-omim : !4A1if 2 1951 AS F,1u/rAGE NO, 'U-06-15,28' AFFECTS : AS POWS ALL IILT 3?OR.IION OF LAND IN Lot 13 CAELSRAD TRAM W. 7$'49- T-JP tO. 8054 PLIED ID IRE OICE OF THE COUM RECORDER OF SLN DIEGO coum STE OF 1IFORN1A, D$SCBED AS RLLWS XUDZG AT A POINT ON THE DOItT1JCSTERLY 801JUDARf LINE OF SAID WI 13,. SAID '?t)INT BEING ON THE SCRTFWSTERL! IGifT-0174AY Wig 8t AI)UT ROAD AND THE DEGINXIM OF A. 1.7 1937 FOE)? RADIrG' CWWE CQAVE SOD EASTERLY; TUE SOOT RIESTELR1 AL01ru IRE ARC DY - SAID CURVE T-HROM t. CENTRAL aN1Z OF 4 0'I0t Or A DISTANCE OF 140J4 rmn 18 THE TRUE POlUr 0? - -1EGINNINC OF PARCEL 1 A LUD1AL LINE TO MID IRON POtN OF DWIMNIM - - - BEAU NORTI 4O16' 16 NEST. - Ew 2§1L I A STEI OF LAND TEN FRIT (10") FEET IN UIDTH LYW4 'FIVE FRET (5 1 ) ON AcR SXJJE AN3) PARALLE4 WITH THE FOLL0II&G DESCRIBED LINE - LDDIN-r: a11l) TRUE POINY W EGINNIN; TELI*XE S()UTB 4 1I6 11-V EAST, 4800 FEET; ?EiW f' 541' EAST, 112,.50 FEE; TUECE SOUTH 5I°tW)3" E4ST,, 26-$00 FEET; TRENCE SODIR 36O6 '08" EAST, 6.50 FEZ? TO NN DESCRIBED FOIN? "Ar'; TUEI-E 500111 360008U EAST, I0.50 FEET TO REREIN DLSCRThBD POINT %; ThENCE SOOTh 3006'0' EAST 150 FEE-I TO REERED DRSCRISED }XDT "C"; TREE SOUTH 6°'06'08" EMSTI, 350 FEET; ThENCE NQRTh 53053t 5V -EAST, 8.00 FEET TO NEIIEIN DESCRUE0 FOINI' "el)"; rmcr ;oa 05352" EAST, 107.50 FEET TO HEMU DESCRIBED POINT; THEME NCJRTB S5332" EAST,, 7.50 FEET TO THE P411COFT 1T1OD OF PARCEZ I.. IRE SIDELINES OF SAID PARCEL I SNALL RE OTUENED OR TENTO- FOEi A CONYINUODS STRIP OF LAND 1040 FEET EtIDE; SAID SII)ELXUES SHALL flEGIN IN TEE $0 TEII.! IMUT-OF-WAY OF PAU1AR AIRPORT MAD AND EN!) AT IRE OF I tNaIXON OF SAID PARCEL I- - -- -' -- -a-- - , - - - -WI PARCEL 2 A STRU' OF WW TEN MET (I0') IN WIDTH LYiNG FIVE FM 5t) Thi EACU SIDE AND PARALLEL WITH THE FOLLOWflG DESCRIBED CENTERLtNE CECiC AX THE ABOVE DESCRIBED POINT ' TRECE sourn 53352' MST, 5.00 FEET TO THE TRDE RGIM OFEGWNING; THEME SOUTU 53Q53 52' WEST, 40.0 FF.T TO PARCEL 2. A STRIP W L(N1) TEN FEET (10 1 ) N WThTH LYING fiVE FEET (5') Ot EACS SIM AND ?ARLLEL WITH THE FOLLGWHG DESRLEED C?ERLXEE AT THE ovs DESCRIBED POIN7 'W Tmc soura 535352 s Soo FEET TO our OF THEME sourn D53t52 WESr 1 39.06 FEET Tø TRE r oF iTu ION OF PARCEL 3. PARCEL A STRIP OF LAND TEN FEET (10') 'IN WIDTH LYING FIVE FEET (s') ON EACH SIDE AND PARALLEL 'WITH ThE FOLLa.1ING DESCRIBED CE1ELIN: CO41ERCI4MG AT THE ABOVE DESCRIBED POINT 'C'; THENCE NORTH 535 152' EAST,. 5,.00 FEET T0 THE IWJE POIDT OF BEGINNING; TREE NORTh W511 52tv EAST, 30.00 FEET TO TRE POINT OF T11fIWIF PARCEL 4. PARCEL 5 A STRIP OF LAND TEN FEET (10') IN 1tDTh LYING FIVE FEET (5') ON EACH SIDE AND PARALLEL WITH TUE FOLLOWING DESCRIBED CTEELI.NC: C(CING AT THE ABOVE DESC& RED POINT "D i'; THENCE SOftH 306'08' EAST, 51)0 FEET 10 THE TRUE Poigr OF BEGLNNtN; THENCE SOUTH W06'08" EAST, 23.00 FEET TO THE POINT or TEN4IN4TION OF PARCEL 5. PARCEL 6 A STRIP OF LAM) FIFTEEN FEET (15') IN WIDTH LYING SEVEN AND QiiE-ItALF FEET (750) ON EACH SIDE OF ANt) PARALLEL WITH THE FOtLOflNG DESCRIBED CENIEHLINE CONENCING AT THE ABOVE DESCRIBED POINT *tEn; THENCE SOUTH 36°06'O8' EAST, 5.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE SODTU 3606 10 LAST, 60100 FEET TO THE POINT OF rERiItrIoN OF PARCEL 6. 13. A NOTICE OF N0ESPUNSIZILI1? JUNE 50, 1982 AS FILE NO. 82-203640 OF OFFICIAL RECORDS EXECUTED BY GRAHAM BUSINESS PLAZA - 14. A N.07116E OF NON-RESflSIBILrn iECODE. : DEC1UER 8, 1982 AS FILE NO, 2-76043 OF OFFICIAL PJCCDS E.AIN EUSLESS PLAZA 154 A NOTICE Of NW-RESPONSIBILITY DECUMBER &, 1982 AS FILE TA4 82376049 OF OF11CIAL REO!DS EUCUThT GAA1 BUSINESS PLAZA 16. A NOTICE OF NONEESPSI!LIT RECOROED : EEW3E. 3, 1982 AS FILE NOB. 2-37051 OF OFFICIAL 1E(kOS EXECU1 IY : R4A1 BUS UESS PLAZA 17.. A. NOTZ9 OF tflSIBLLT RECORDED MARCH 9, 1983 AS FILE NO. 33-074427 OF OFFICIAL RECORDS fl GMi BUSIbrESS PLAZA 13. A NOTICE OF NOIRESP0N$ILITY RECORDED MARCH 9, 1983 AS FILE NO. 83-074428 XECtIZEJ.) BY : GLUA?4 BUSINESS PLAZA 19. A NOTICE OF 140U-RSPOtSISLIT! MAR 9, 1983 AS FILE NO. 83-074429 OF OFFICIAL RECORDS EXECUTED WI AM BUSIEESS PLAZA AND ) RECORDING REQUESTED BY WHEN RECORDED MAIL TO: ) ) CITY OF CARLSBAD ) 1200 Elm Avenue ) Carlsbad, California 92008 ) Space above this line for Reco'tder's use Documentary transfer tax: $ No fee SIgnature of declarant determining tax-firm name City of Carlsbad Parcel No. AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 5day of May , 1983 by and between G.B.P. INVESTMENT GROUP (name of developer-owner) a Limited Partnrship hereinafter referred to as (Corporation, partnership, etc.) "Developer" whose address is 2121 Palomar Airport Rd., Ste. 300 (street) Carlsbad, CA 92008 and THE CITY OF (City, state, zip code) CARLSBAD, 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 E T 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: 5 lot subdivision REV 4-2-82 A .. on said Property, which development carries the proposed name of Graham International and is hereafter referred to as "Development"; and WHEREAS, Developer filed on the 5 day of May 1983 , with the City a request for a tentative map and planned unit development c2-7 23—/i, 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 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 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 needs of the Development as it is presently 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 public facilities fee. -2- REV 4-2-82 NOW, THEREFORE, 0 consideration of the reals 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 in 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 La 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 necessary 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 improvements required according to Titles 18, 20 or 21 of the Carlsbad Municipal Code. -3- REV 4-2-82 . .. 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 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. 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. -4- 6. All oblIgatio•hereunder shall terminatlin 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 of 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 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 to be reference 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. 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. -5- REV 4-2-82 o. OFFICIAL SEAL ) MIWRED R OSBORNJ ) tn:1N NOTARY PUBLIC CAUFONIA -Y tN DEGO COiJUTY 1y comm. P.P? 16, 1986 p!rcs IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: G.B.P. INVESTMENT GROUP GRAHAM INTERNATIONAL, INC., GENERAL PARTNER -! (name) BY Mike L. Loban Vice President (Title) CITY OF CARLSBAD, a municipal corporation of the State of California BY City Manager STATE OF CALIFORNIA d COUNTY OF ;. , On •7 , before me, the undersigned, a Notary Public in and for said County and State, personally appeared /4 ' /' h - , known to me to be the/ _President, and— ----_-- -- known to me to be the_- Secretary of_(' 1 - - -j--' , the corporation that . executed the within instrument and known to me to be the persons who executed the within instrument on behalf of said corporation, said corporation being known to me to be one of the partners of 4.1. T ?;L 1/ 7' , the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. fta -) ' i/L/Z7) I, SAFECO FOR NOTARY SEAL OR STAMP VINCENT F. BIONDO, JR., City Attorney (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) S REV 4-2-82 . .. EXHIBIT "A" LEGAL DESCRIPTION Lot 13 of Carlsbad Tract No. 73-49 (CC&F Palomar Airport Business Park Unit No. 1) in the City of Carlsbad, County of San Diego, State of California, according to Map there- of No. 8054 filed in the Office of the County Recorder-of San Diego County, December 31, 1974. I CITY OF CARLSBAD 1200 ELM AVENUE • CARLSBAD, CALIFORNIA 92008 (714) 4385551 RECEIVED FROM DATE ;2 A/C. NO. DESCRIPTION AMOUNT ,)/_J,i/,/ (.( /c€1i 9 iO7i;N\ sv TOTAL