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HomeMy WebLinkAboutCT 80-38; Birtcher Business Center; 81-234736; Public Facilities Fee Agreement/Release1977‘ : - ‘--. -- . ZGRWXEMT L3CTWEEX EiX'~X~OPER-OWW2R AN9 '~13~ CITY OF CAPLSLI.".D' FOR THE d (_ A- ".,j:<&$$ PAYMENT OP A I'UELIC F,';CILITIES FEE -a. . . TES AG!?.EE-hlIENT is entered into this day of I 19.80 , by and between Birtcher Business Center:Corporate Palomar. -- N6 FH , (name oLFZGiopz2--o~,mer) I a limited partnership ,hereinafter referred to as iColiporLkion ';/ partnership, etc.) "Dewloper", WHOSE address IS 27611 La Paz Road v (strtiet) Laguna Niguel, California 92677 ' -- ' (City, .c;tirt;=, zip code) , and THE CITY OF CAXLSVAD, 2 xvmiclpal corporation of the State of California, - . hereinafter referred t.o as "City!', whose address is 1200 Elm Avknue, Carlsbad, California, 92008. . *' W I T N'E S S E T H: w * klHEREAS , Developer is the owner of the real properQ described . . O=I Exhibit "A", attached hereto and made a part of this agreement, hereinafter referred to as "Property"; and .* t'MEP?AS, the Property lies within th? boundaries of City; , and . : ' WHE~REAS , Developer proposes to construct approximately 500,000 . square feet of industrial,.R & D and otfice buildings . . . ‘. . l . on said Property, which development carries the proposed name .~ of Palomar Oaks . and is hercaftcr referred to as "Devclopmcnt"; and , . WHEREAS, Developer filed on the day of 8 19 80 , with the City a request. for a tentatjve w map , . (hereinafter referred to as "Request"; and . &REM, the Public Facilities Element of the City General Plan requires that the City Council find that all public . ,fa&ities necessary to serve a development will be available concurrent with need or such development shall not beapproved (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, attached'to and made a part of this agreement, 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 * . l . WHEREAS, Develo+r has asked the Ciiy.to find that public . . fadiiities and services will be avaiiable'to'meet the future needs of the Development as it is presently proposed; but the Developer is aware that th e City cannot and will not be able to make any such finding without financial assistance to pay for * . . *such services and facilities; and, therefore, Dcvclopor proposco 2, . .r ‘, 1 - . . . *. . . * . 1 . . . <* 0, 19.y 9 . to help satisfy tx General Plan as implemented by Council Policy No. 17 by NOW, covenants . payment of a public facilities fee. THEIEFORE, in consideration of the recitals and the . . contained herein, the parties agree as follows: ' . 1. . The Developer shall pay to the City a public facilities . *. .._ . - - .-em ; fee in the amount of 2% of the building permit valuation of the . I . ' buildings or structures'to be constructed'in the Development I pursuant to the Request. The fee shall be paid prior to the issuance of bailding or other construction permits for the Develop- ment and shall be based on the valuation at that time. This fee shall, be in addition to any fees, dedications or improvements required pursxnt to Titles 18, 20 or 21 ofsthe Carlsbad Municipal . . Code.' A credit toward such fee shall be given for land which has . . bsen dedicated.for park purposes or for any fees paid in lieu thereof pursuant to Chapter 20.44 of the Carlsb:xd Municipal Code. -. , i Developer shall pay E fee for c&version of existing buildings or . . .'structures into condominiums in an amount equal to 2% of the . building permit valuation'at the time of conversion. The fee for a condominium conversion shall be paid p&r to the issuance of a condominium conversion permit as provided*in Chapter il.47 of the . Carlsbad Municipal Code. Condominium shall include community . * . apartment or stock cooperative. - *. . . 2. * The Devolopcr may offer to donate a site or sites for public facilities in lieu of all or part of the agrcea upon in Paragraph 1 above. If Developer p site or sites for public faciliticg, the City . . financial obligation offers to-donate * shall consider, but ? : . Y. . . ; G+&&, . . . . . . . .a * .._ .I , ’ ,. .- ’ _. .- . .-- ; 0 I . - . , .: . . 198.0 . . .* is not obligated to accept the offer. The time for donation and . . . .amo&t of credit against the fee shall be determined by City prior.to the issuance of.any building or other permits. Such : . determitiation, when made,shall become a part'of this agreement. * Siies donated under this paragraph shall not include improvements : required pursuant to Titles 18 or 20 of the Carlsbad Municipal l . : 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 * . l . 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 fuids 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 pub1i.c agencies as evidence of adequate public facilities and . kviccs sufficient to accommodate the needs of the Dcvelopmcnt ' . . her&n described. . , . 4; 1. &, .‘- . . . . 4' . . I. . I * . ‘. l . . ’ -- _ ’ -. - 7. 19.81 -.. : ’ . . . 6. ' All obligations hereunder shall terminate in the * 'event the Requests made by Developer are' not approved. . . 7. Any notice from one party to the other shall be in writingi zxI 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 . . . I whatsoever unless served in one of the foliowing manners. I . 7.1' If notice is given to the City by personal delivery thereof to the City or by depositing same in the United States Mail, . addressed to the City at the address set forth ,herein-, enclosed in a sealed envelope, addressed to the City for : attention'of the City Manager, postage prepaid and certified. ' 7.2 If notice is given to Developer by personal delivery thereof to Developer or b$ depositing the same in the 2. United States Mail, enclosed in a sealed envelope,. addressed to Developer at the address as may have been designated, p&rage * . prepaid and certified, . . 8. This agreement shall. be finding 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 cr the City herein shall be deemed to be reference to and,inclz% their respe ctive successors and assigns without specific m:sntion cl xch successors and assigns. If Developer should ce 552 to have any interest in the Property, all obligations . of DeveloF,ez hereunder.shall terminate; provided, however, that II, : * any successor of Developer's interest in the Property shall have 5. *. . ,**. a, W”.. . -_ .._^___ . .‘-,.a . - , .a *a : * . ------: ‘, . - 1982 ’ ’ - . . . . . . . . * . . . . first assumed in writing the Developer's obligations hereunder. 9. . . . This agreement shall be recorded. When the obligations & .* . of this agreement have been satisfied, City shall record a . . ti' . release. . IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. . . . - DEVELOJ’ER-OWNER: CITY'OF CAIUSBAD, a municipal . Birtcher Bus'iness Center: y ' corporation of the State of California City Manager . . ATTEST: I _' . APPROVED AS TO FO w . (Notarial zcknowle+-4 -;.%tnt of execution by. DEVELOPER-OWNER must attached.) . f be . . . . . 6. --- - STATE OF CALIFORNIA 1983 2 E E before me, the undersigned, a Notary Public in and for s P) E h-- E known to me to be - d ii the partners of the partnership ^a that executed the within instrument and acknowledged to me that z 2 e such partnership executed the same. f 9 WITNESS my hand and official seal. s: E 9 Signature ---- a$& N,T~G?J%NN,A 1 PRINCIPAL OFFICE IN ORANGE COUNTY t 7 My Commtssion Exp. Apr. 20,1984 E /I@ f”/ Name (Typed or Printed) (This area for oficial notarial real) STATE OF CALIFORNIA 1 COUNTY OF ORANGE On this ,-,&/ day of the undersi ed, ai ~%%~,",:::x;~ a Notary.Public in and appeared /Tf2ddk &AM> , known to me to be one of the partners of BIRTCHER PACIFIC, a general partnership, said partnership being known to me to be one of the partners of CAMPBELL- PALOMAR, a general partnership, the partnership that executed the within instrument and acknowledged to me that he executed same as a partner of the partnership first above named and that said partnership .executed the same as a partner of CAMPBELL-PALOMAR. ‘RINGPAL OFFICE IN ORANGE COUNTY ‘. 1984 . EXHIBIT. "A" LEGAL DESCRIPTION , Parcel 2 of Parcel Flap No. 1110, in the County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, November 10, 1972 as File No. 302114 of Official Records. . Excepting therefrom that portion lying Northeasterly of the South- Hesterly boundary of Carlsbad Tract No. 73-49, according to Map thereof No. 8418, filed in the Office of the County Recorder of San Diego County, November 19, 1976 as File No. 76-389371 of Official Records. . . . . . . . . .