Loading...
HomeMy WebLinkAboutCT 00-20; Fenton Carlsbad Research Center LLC; 2006-0065488; Drainage Fee Agreement/ReleaseDQC# 2006-0065488 & RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 JAN 30, 2006 8:34 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 000 PAGES fi Space above this line for Recorder's use AGREEMENT BETWEEN DEVELOPER/OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A LOCAL DRAINAGE AREA FEE INCREASE Parcel No. 212-020-23 THIS AGREEMENT is entered into this day of ., 2006, by and between Fenton Carlsbad Research Center, LLC, a California limited liability company, hereinafter referred to as "Developer" whose address is 7588 Metropolitan Drive, San Diego, CA 92108 and the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City", whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008- 1989. WITNESSETH: WHEREAS, Developer is the owner of the real property described in 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 Local Facilities Management Plan (LFMP) Zone 5 within City; and, WHEREAS, Developer proposed a development project as follows: a subdivision consisting of four (4) industrial lots and one (1) open space lot (CT 00-20) on said Property, which development carries the proposed name of Fox Miller Property and is hereafter referred to a "Development"; and, Local Drainage Area fee increase 1-04-06 WHEREAS, Developer has filed a request for City approval of a final map for Carlsbad Tract 00-20 (CT 00-20) over the proposed Development; and, WHEREAS, the conditions of approval for CT 00-20 pursuant to Planning Commission Resolution No. 5811, require Developer to agree to abide by any fee increase (or decrease) adopted for the Local Drainage Area fee by City Council prior to payment or credit for payment of the Local Drainage Area fee for Development; and, WHEREAS, Developer's payment and/or credit for payment of the Local Drainage area fee is required prior to City approval of the final map for Development; and, WHEREAS, it has been determined that certain drainage facilities located downstream of Development do not meet the facility performance standards unless certain mitigating flood control improvements are installed and/or the financing of such flood control improvements are guaranteed for construction in accordance with the City's adopted Growth Management Ordinance; and, WHEREAS, City is currently in the process of revising the City's Local Drainage Area fee program to provide the required financial guarantee for said flood control improvements; and, WHEREAS, Developer desires to proceed with Development in advance of the adoption by City of new Local Drainage Area fees; and WHEREAS, Developer agrees to abide by any fee increase (or decrease) in the Local Drainage area fee as may subsequently be adopted by City Council after City approval of the final map for Development. NOW, THEREFORE, in consideration of the recitals and the covenants contained herein, the parties agree as follows: 1. The Developer shall pay and/or receive credits for payment to the City for the Local Drainage Area fee in the amount established by City Council as of the effective date of this Agreement for the local drainage area(s) into which the Development drains. The fee shall Local Drainage Area fee increase 2 1-04-06 be paid by, and/or credits will be awarded by City to Developer against payment of the fee for constructed Master Drainage Plan facilities, prior to City approval of the final map for CT 00-20. Notwithstanding the forgoing, said fee is subject to adjustment, based upon the amount of the Local Drainage Area fee ultimately adopted by City Council after approval of the Developer's final map. If said fee has not been paid by Developer prior to final Council action formally adopting such fee, the Developer's fee shall automatically be adjusted to be the same as the Council-approved fee. If the Developer has paid this fee prior to such Council final action, then this fee will again automatically be adjusted, and Developer shall, within thirty (30) days of written notice thereof by City pay any shortfall; or City shall, within thirty (30) days of such determination, refund any overage. This fee shall be in addition to any other taxes, fees, dedications or improvements required pursuant to Titles 18, 20, or 21 of the Carlsbad Municipal Code. 2. This agreement and the fee paid pursuant hereto are required to ensure the consistency of the Development with the City's General Plan and Growth Management Ordinance. 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. The Developer therefore agrees that if Developer does not satisfy the terms and conditions of this agreement that any approval or permit for the Development issued after the effective date of this agreement shall be void. Thirty (30) days after City's written notification to Developer, pursuant to Paragraph 1 above, no building or other construction permit shall be issued for the Development until the Local Drainage Area fee required by this agreement is paid in full. 3. All obligations to pay the aforementioned Local Drainage Area fee relative to the approval of CT 00-20 shall terminate in the event the final map for CT 00-20 is not approved by the Carlsbad City Council. In the event of such termination, the Developer is still obligated to pay the City's Local Drainage Area fee for any subsequent final map or maps approved for the Property in accordance with the Local Drainage Area fee requirements in effect at the time such Local Drainage Area fee increase 3 1-04-06 map or maps are approved by City Council. 4. 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: 4.1 If notice is given to the City of personal delivery thereof to the City or by depositing same in the United States Mail, enclosed in a sealed envelope addressed to the City Manager of the City at the address set forth herein, postage prepaid and certified. 4.2 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 designated herein, postage prepaid and certified. 5. 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 City, and references to Developer or City herein shall be deemed to be a reference to and include their respective successors and assigns without specific mention of such successors and assigns. If Developer should cease to have ay interest in the Property, all obligations of Developer hereunder shall terminate; provided, however, that any successor to Developer's interest in the property shall have first assumed in writing the Developer's obligations hereunder. 6. 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. Local Drainage Area fee increase 4 1-04-06 7. If for any reason the Local Drainage Area Fee has not been revised by the City Council within three years of the effective date of this agreement, the amount paid by the Developer, including any credits granted against payment of the Local Drainage Area fee, shall be deemed to represent the Developer's fair share contribution to the City's Master Drainage Improvement program and no further payment will be due from or reimbursement due to Developer. IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: Fenton Carlsbad Research Center, LLC, a California limited liability company By: H. G. Fenton Company, a California corporation, its Manager By: (signature^/ / / Allen IVK Jones, Vice President (print name and title) By: (signature) ~7 7 Michael P. Neal, President/CEO (print name and title) CITY OF CARLSBAD, a municipal corporation of the State of California RAYMOND R. PATCHETT, City Manager, or designee EST: .orraine Wood, City Clerk APPROVED AS TO FORM: RONALD R. BALL, City Attorney By: isistant City Attorney (Notarial acknowledgment of execution of DEVELOPER and OWNER must be attached). (President or vice president AND secretary or assistant secretary must sign for corporations. II only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation). (If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument). Local Drainage Area fee increase 5 1-04-06 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SAN DIEGO On January 5, 2006 before me, ) ) ss ) Clare Chavez, Notary Public personally appeared Allen M. Jones and Michael P. Neal , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. CLARE CHAVEZ Commtoton # 1466393 g Notary PubHo - CaKfomta San Diego County My Cornm. Expires Jan 29.2006I (SEAL) Signature of Notary Public OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document DESCRIPTION OF ATTACHED DOCUMENT: Title or Type of Document: Date of Document: Number of Pages: Signer(s) Other than Named Above: CAPACITY(IES) CLAIMED BY SIGNER: Signer's Name: D Individual D Corporate Officer: Title(s): D Partner: - Q Limited D Individual CH Attorney-in-Fact D Trustee CD Guardian or Conservator D Other: Signer is Representing: Signer's Name: D Individual CD Corporate Officer: Title(s): D Partner: - Q Limited D Individual d Attorney-in-Fact D Trustee CH Guardian or Conservator D Other: Signer is Representing: EXHIBIT "A" THAT PORTION OF LOT "F" OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE CENTER LINE OF THE COUNTY ROAD, KNOWN AS EL CAMINO REAL, SURVEY NO. 682, SHEET 3 THEREOF, AS DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO, RECORDED JANUARY 5, 1938 IN BOOK 743, PAGE 64 OF OFFICIAL RECORDS, SAID POINT BEING ALSO THE CENTER POINT OF A 4 BY 4 CONCRETE BOX CULVERT ACCURATELY LOCATED AND STATIONED 150 PLUS 28.97 ON THE CENTER LINE OF SAID COUNTY ROAD, SAID POINT ALSO BEING NORTH 79° 37' 20" WEST, A DISTANCE OF 1011.60 FEET FROM THE PROPERTY LINE ANGLE POINT NO. 8 OF LOT "B" OF RANCHO AGUA HEDIONDA, RECORD OF SURVEY MAP NO. 517, SAID POINT OF BEGINNING BEING THE NORTHWEST CORNER OF THE LAND DESCRIBED IN DEED TO VISTA BRICK COMPANY, RECORDED FEBRUARY 1, 1960, AS FILE NO. 20485; THENCE ALONG THE NORTHERLY LINE OF SAID LAND AND THE PROLONGATION THEREOF, BEING ALONG SAID CENTER LINE OF EL CAMINO REAL, SOUTH 75° 00' 00" EAST 675.10 FEET TO A POINT ON A LINE WHICH IS PARALLEL WITH AND 325.00 FEET EASTERLY, AT RIGHT ANGLES, FROM THE EASTERLY LINE OF SAID VISTA BRICK COMPANY LAND, BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SAID PARALLEL LINE SOUTH 00° 32' 00" EAST, 1336.95 FEET; THENCE SOUTH 32°40'27" EAST A DISTANCE OF 915.46 FEET PER RECORD OF SURVEY 6888, RECORDED JULY 6, 1967 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY (RECORD SOUTH 27° 50' 00" EAST, 827.10 FEET PER GRANT DEED RECORDED JANUARY 15, 1964 AS FILE NO. 8704 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; ALSO RECORD SOUTH 32°41'07" EAST A DISTANCE OF 915.53 FEET PER RECORD OF SURVEY 8467, RECORDED FEBRUARY 28, 1980 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; ALSO RECORD SOUTH 33°08'52" EAST A DISTANCE OF 915.12 FEET PER CERTIFICATE OF COMPLIANCE RECORDED MARCH 9, 1981 AS FILE NO. 81-065866 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; ALSO RECORD SOUTH 32°40'39" EAST A DISTANCE OF 915.24 FEET PER MAP NO. 12815 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; SAID COURSE ALSO BEING ALONG A PORTION OF THE EASTERLY PROPERTY LINE OF LOT 80 OF SAID MAP NO. 12815); THENCE LEAVING SAID PROPERTY LINE OF SAID LOT 80 NORTH 68° 00' 00" EAST, 1428.00 FEET TO SAID CENTER LINE OF EL CAMINO REAL; THENCE ALONG SAID CENTER LINE AS FOLLOWS: NORTH 21° 47' 00" WEST, 970.78 FEET, MORE OR LESS, TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 400.00 FEET NORTHWESTERLY ALONG SAID CURVE 409.22 FEET THROUGH AN ANGLE OF 58° 37' 00"; THENCE TANGENT TO SAID CURVE NORTH 80° 24' 00" WEST, 313.60 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 500.00 FEET; NORTHWESTERLY ALONG SAID CURVE 237.95 FEET THROUGH AN ANGLE OF 27° 16' 00"; TANGENT TO SAID CURVE NORTH 53° 08' 00" WEST 138.36 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 600.00 FEET; NORTHWESTERLY ALONG SAID CURVE 228.99 FEET THROUGH AN ANGLE OF 21° 52' 00" AND TANGENT TO SAID CURVE NORTH 75° 00' 00" WEST, 340.43 FEET TO THE TRUE POINT OF BEGINNING. TOGETHER WITH THOSE PORTIONS OF SAID LOT "F" WHICH LIE NORTHEASTERLY OF THE NORTHEASTERLY LINE OF THE ABOVE DESCRIBED LAND, EASTERLY OF THE WESTERLY LINE OF SAID LAND AND THE NORTHERLY PROLONGATION THEREOF, AND NORTHWESTERLY OF THE SOUTHEASTERLY LINE OF SAID LAND AND THE NORTHEASTERLY PROLONGATION THEREOF. EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE COMMON BOUNDARY LINE OF SAID LOTS "F" AND "B" WHICH POINT IS 66.50 FEET NORTHERLY ALONG SAID BOUNDARY LINE FROM THAT BOUNDARY ANGLE DESIGNATED AS BOTH POINT 18 OF LOT "G" AND POINT 5 OF LOT "B" ON MAP 823; THENCE SOUTH 68° 00' 00" WEST A DISTANCE OF 465.60 FEET; THENCE AT RIGHT ANGLES NORTH 22°00' 00" WEST, A DISTANCE OF 100.00 FEET; THENCE NORTH 68° 00' 00" EAST TO AN INTERSECTION WITH THE COMMON BOUNDARY OF LOTS "F" AND "B"; THENCE SOUTHERLY ALONG SAID COMMON BOUNDARY TO THE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM THAT PORTION DESCRIBED IN PARCEL 68443-A OF DEED TO THE COUNTY OF SAN DIEGO RECORDED NOVEMBER 24, 1969 AS FILE NO. 214743.