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HomeMy WebLinkAboutCT 81-10A; Carlsbad Research Center; 85-246091; Public Facilities Fee Agreement/Release599 RECORDIHC REQUESTED BY ABO ) WCER RECORDED MAIL TO: ) CITT OF CARLSBAD ) 1200 El* Avenue ) Carlabad, California 92000 ) 85-246091 I (.«"r.X"h':"j-'pr. IIP •.*kt"i!i'..sir.t/. I G8SJUL 10 AKIhliS Space above thia l^ntf-ufdt1 VtelWdtorra uae Documentary trintfer tax: S Ro fee Signature of declarant d«e«rainin( tax-fir* a«Bi City at C«rl«b*d Parcel Ho. AGREEMENT IETWKEI DEVELOPS!-OWIE* AHD THE CITY 07 CARLSBAD FOK THE PAYMENT OF A F01LIC FACILITIES FEE THIS ACREEHEHT ia entered into thia m day of HIT by and between CULSXUI RESttltCH CCTTOt .. 1». (nia)« of dcvtlopflr-ovner) Mrtmnhlp(corporation, •areaenhip, «tc.) tfhaa* addrea* ia c/o Tfc KoU , h«raiaafter rtfcrred to at . 713D toK. Sin M«». a (•tract) and THE CITY OF (City, atate, cip code) CARLSIAD, • •uiicipxl corporation of the State of California, hereinafter referred Co ea "City", vhoie addreta it 1200 ela Avaaee, Carlibad, California, $200d. WITHE SSETH: WHEREAS, Developer ia the owner of the real property described on Exhibit "A:, attached hirato and aiade a part of thia agreement, hereinafter referred to aa "Property"; and WHEREAS, The Property liea within the boundaries of City; and WHEREAS, Developer propoaea a devalopaant project aa folLowt: A planned research oark on 364t acres RE? 4-2-82 cr NO FEE x - • .si -• . . M-" 600 on said Property, which development earriee the proposed name of and i» hereafter referred co •• "Development"; and BUMS AS, Developer filed on the &*• day of , with cha City a request for a tentative tract map hereinafter raftrrad to aa "Request"; and WHEREAS, the Public Pacilitiaa Element of tht City Cenerel Plan requires that the City Council find thaC all public faeilitiea n«eaatary to aarve a development will be available concurrent vith deed or each development ehell not be approved (aaid element ia on file with the City Clerk and ia incorporated by thia reference); and WHEREAS, Developer and City recogaite the correctness of Coencil Policy Ho. 17, dated April 2, 1982, in file with the City Clerk and incorporated by thia reference, and that the City1* public facilities and services are at capacity and will not be available to accommodate the additional need for public facilities and servicea resulting from the proposed Development; end WHEREAS, Developer has aaked the City to find that public facilities aad services will be available to meet the future neede of the Development aa it ie presently proposed; but the Developer is aware that-the City cannot end will not be able te make say each finding without financial aasistanee to pey for seen services end facilities; and therefore, Developer proposes to kelp satisfy the General Plan as implemented by Council Policy Ho. 17 by paymeat of a public facilities fee. -2- RE» 4-2-82 1 Kf •-••"- (JO I NOW, TRE1EPOKE, in consideration of Che recitals an* Che covenants contained herein, the parties) agree •• follows: 1. The Bevtloper shall pay to the City a public facilities fee In en ••ount not to exceed 27. of the building permit valuation of the building or structures to be constructed* la the Development pvrsusat to the Bequest. The fee shell be peid prior Co the Issuance of building or other construction permits for tbe development ami «hsll be baaed on the valuation et that time. ThU fee shell be in eddition to eey fees, dedications or improvement* required pursuant to Title* 18, 20 or 21 of the Cerlsbed Municipal Code. Developer •hell pay a fee for conversion o f existing building or structures into condominiums in en amount not to exceed 2Z of Che beildiag permit valuation at the time of conversion. The fee for a condominium conversion shall be paid prior to Chs issuance of e condominium conversion permit as provided in Chapter 21.47 of Che Carlabad 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 co mobilehome sites or projects, shall not refer to grading psrnit* or other permic* for Che conftruction of underground or sCreet improvements unless no other permit is neceesery prior to Che uee or occupancy for which the development ie Intended. Developer shall pey Co City e public facilities fee in the sum of $1,150 for each wosilehome space to be constructed pnrjuent Co the Request. The fee shsll be paid prior Co Che issuance of building or other eonatruction permits for the development. This fee shall be in addition to any fees, dedication* or improvemeeta required according to Titles 18, 20 or 21 of the Cerlsbed Municipal Code. -3- IEV 4-2-J-2 .L ,,, 602 2. Tba Developer may offer to donate a aite or aitta for public facilitiea in lien of all or part of the financial obligation agreed upon in Paragraph 1 above. If Developer offera to donati a lite o.- aitea for public faciliciaa, the City ehali conelder, but ia noc obligated to accept Che offer. The time for donation and aajouat of credit igainat the fee aball be determined by City prior to the iaauance of any building or other peraite. Such determination, when made, eliall becoee a part of thie agreement. Sitea donated under thia paragraph ahall aot include Lmprovemeate required pureeant to Titlee 18 or 20 of tha Carlebad Municipal Code. 3. Thia agreement and the fee paid pvrauant hereto era required to enaure the coaeiatency of the Development vith the City'i General flan. If the fee ie not paid a'» provided herein, the City will not have the funda to provide public facilitiee and aervicee, and the development vill not be coneiatent vith the Cenerel Plan and any approval or permit for the Development ehali be void. No bailding or other conitruction permit or entitlement for uae ehali be iiaaed until the public fecilitiea fee required by thia agreement ia paid. *. City agreea to depoait the feea paid pureuant to thia agreement in a public facilitiee fund for the financing of public ficilitiea when the City Council determinea the need exieta to provide the facilitiea and auCfieient funda from tha payment of thie end aimiltr public facilitiea feea are available. 5. City agreea to provide upon reqneat reaaonable neeurancea to enable Developer to comply with any raquiramenta of other public attendee ae evidence of adequate public (acilitiee and aervicea euffirient to accommodate the needa of the Development herein daacribad. -*- RBV 4-2-S2 : ..,- 603 6. All obligation! hereunder thall tereuatte in thi event the Requesti nude by Developer are not approved. 7. Anjr notice from one party to the other aha 11 be in writing, • n£ shell h» dated and signed by the party giving euch notice or by • duly authoriied representative of each party, tny such notice shell not be effective for any purpose whatsoever units* served it one of the following Manner*: 7.1 If notice is given to the City of personal delivery thereof to the City or by depoiiting same in the United State* Neil, addressed to the City at the addreas «et forth herein, enclosed in e aealjd envelope, addresied to the City for attention of the City Manager, postage prepaid aad certified. 7.2 If notice it given to Developer by personal delivery thereof to Developer or by depositing the save in the United States Hail, encloted in a tealed envelope, addressed to Developer et the address as may htve been designated, poatage prepaid and certified. 8. This agreeBtnt ihell be binding upon sad shall inure to the benefit of, and thall apply to, the respective lurcessort sod asaignt of Developer and the City, and reference* to Developer or City herein shall be deeaed to be reference to and include their respective successors snd assitna without specific mention of such successors aad assigns. If Developer tbomld cease to have any interett in the Property, all obligations of Developer h«reund«r shall terminate; provided, however, that any successor of Developer's interest in the property shall have first atiusied in writing the Developer's obligation* hereunder. 9. This agreement shall be recorded but (hall not cvtate a lien or tecurity interest in the Property. When the obligation* of this agreement have been satisfied, City shall record a release. -5- REV 4-2-82 M 604 IB WITVKSS WHEREOP, thii agt«aa«nt is ax«cut«4 ia San Diego Coulty, California •• of th« dae* firtt writttn abort. DEVgLOfSE-OtfHIH: CITY OF CARLSBAD, a ••rtieipal CABMM KSEUCH CEKTER. » Mtfontt fitmril MrtMnhif orpor«tion of the IY: TIC ULL COWMT, HmglH NrtMr St«C« of C«liforni« IT City CTitl«) ATTEST: ALBTHA APPROVED AS TO PORK: \ Crty Clerk VIKCEKT'P. 8IOHOO, -. City Attorney (Notarial acknowledgment of execution by DCVELOPEK-OWNgR autc be attacked.) 111 -o- • »B» 4-2-82 if- « J 605 STATE OF CALIFORNIA) COURT OF SAN DIEGO>BS. On thia gih day of the undefiilgtmd Mav in the year 19 K, baton me a notary public in and for said County and State, personally appeared HHdiad J. Duncan , personally known to *e to be Vice President of The toll Company, a California Corporation, the Corporation that executed the within instrument, and known to •* to be the parson who executed the within instrument on behalf of said Corporation, said Corporation being known to •* to be Managing Partner of Roll Carlsbad Associates, a California General Partnership, the Partnership that executed the within Instrument, and acknowledged to BS that said Partnership executed the saw as General Partner of Carlsbad Research Center and that Carlsbad Research Center executed the In witness whereof, I have hereunto set ey hand and affixed sy notarial seal, the day and year in this certificate first above written. L1C IN AND COUNTY AND STATE SAD) STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) On this l4 "day of I in the year IJfog", before mo a aotaryptMic in and for said Countyypt tand Stat*. personally appeared j.. £ . f t 0 p _ » personally ' known to ae to be Vice President of The Jtoll'Cospany, a, California / Corporation, the Corporation that executed the within instruawnt, asd ' known to aa to be the person who executed the within instrument on behalf of said Corporation, said Corporation being known to •• to be Managing Partner of Koll Carlsbad Associates, a California General Partnership, the Partnership that: executed the within instrunent, and acknowledged to M that said Partnership executed the saw as General Partner of Carlsbad Research Center and that Carlsbad Research Center executed the In witness whereof, I have hereunto set «y han>l and affixed sqr notarial seal, the day and year IB this certificate first above written. NOTARY PUBLIC IN MID FOR SAID COOhTY AND STATE .L •-. 606 EXHIBIT "A" LEGAL DESCRIPTION The land referred to h«reli li situated In tbo State of California, County of San Diego, and la described aa follows Thoee pertlona of Lot* ~t~ and "C" of RAKRO ACUA REDIONDA, partly In the City of Carlabad, all in the Coonty of San Diego, State of California, according to the Partition Map thereof Mo. 823, filed in the Office of the Recorder of aald San Diego County, Xoveeber 16, 1896, described aa follow*: CoMeaclng at Point One of Mid Lot "F" aa ahoim oa aaid Hip; thence Sooth 25"33'56- Eaat (Record Sooth 25*03'*0" East) 229.00 feet to a point, which point ia Point 23 of aaid tot "F" and alao the aoat northerly point of land* conveyed to Elmer Carpenter by Deed recorded June 1. 1937 in Book 662, page 75 of Official Recorda; thence along the boundary of aald Lot T" South 34**0'19~ Eaat (Record Sooth 54*08' Eaat) 1347.00 feet; thence leaving the boundary of aald lot "F- South 35*19'44" Heat (Record Sooch 3S*49'52" Heat) 41.28 feet to the TRIE POINT OF BEGINNING; thence continuing South 35*19'44" Heat, 2216.46 feet; thence North 53*02'49" Heat (Record North SZ'32'21" Vest) 1214.69 feet; thence South 89*28'49" Veat, 1548.97 feet to a point on the line between Point 4 and Point 5 of aald Lot "F"; thence along aald line South 00*19'If Eaat, 547.88 feet to •aid Point 5; thence South 10*56*37" Eaet, 2155.40 feet to Point 14 of aeld Lot "F*; thence South 51*00'00* East, 1042.27 feet to • point that liea on the Southwesterly boundary of aald Lot "F" and *>elng a Point of Intersection with the most Easterly corner of land conveyed to S. L. Kelly by Deed recorded February 3, 1961 aa File Ho. 20293 of Official Recorda; thence along the Southwesterly boendery of aald Lot "F" Sooth 51*00* Eaat, 818.47 feet (Record 818.19 feet) to the »o*t Heaterly corner of lend conreyed to Jaeea L. Hleatt et ux br Deed recorded June 11, 1913 In Book 617, page 54 of Deeda; tbeoce along the Northwesterly end Northeaaterly boundary of said Hieatt'a Land aa follows: North 25*00* Eaat, 594.00 feet and South 51*00' Eaat, 1348.61 feet to an Intersection with the Northerly line of Palosuur County Airport so described IB QuiteUl« Deed to five Coonty of San Diego, recorded January 12, 1977 aa File No. 77-012820 of Official Recorda; thence along aald Northerly line North 79*10*00" Best, 4052.22 feet to the Southwesterly comer of land conveyed to Fee-mixed Concrete Coapany, a corporation by deed recorded January 26, 1960 aa File Ho. 11W of official Recorda; ttiaace alo4& lha boundary of aaid land as follows: Worth 10*50*00" Heat (Record Horth 10*19*21- Heat) 500.00 feet, North 79*10'00" East (Record North 79*40*39* East) 2S2.00 feet and South 10*50*00- East (Record South 10*19*21- Eaat) 500.0 feet to the Northerly boundary of aald raloajer Airport; thence North 79*10*00" Eaat along aald Northerly line to the Heaterly line of land conveyed to the County of San Diego by Deed recorded Kay 28, 1970 aa File Ho. 93075 of Official Records; thence along the Heaterly line of aald land, Horth 38*42*44" Heat (Record North 38*11 '55' Heat) 2510.58 feet to the beginning of a tangent curve concave Hortheaaterly and havlag a radlu* of 1645.00 feet; tbeaee Nortaveaterly along the arc of said curve through a central angle of 14*25*52" a distance of 464.70 feet to a point on the Southerly boundary of land allotted to Thalia Kelly Conaidlne et al by Partial Final Judgeaeot in partition recorded Jaauary 18, 1963 as Pile No. 11643 of Official Records; thence along the boundary of aald land South 67*50*28" Heat (Record .L, 607 South 68*00' Ueit) 1392.N feet; theoce North 33*08'52" Heit, 915.12 feet (Record North 27*50' Wnt 827.10 feet); t ha nee North 00*30'53' Wait (Record North 00*32' Met) 1290.37 feet to the Southerly line of Mid lend conveyed to Che County of San Diego; thence aloag eald Southerly line of said land conveyed to the County of San Diego; North 7«*57'25- West, 427.67 feet to the beginning of a tangent curve, concave Northerly and having a radlua of 2045.00 feet; thence Veeterly along the arc of aald curve through a central angle of 16*59'2*" of a distance of 606.41 feet to the TRUE KURT OP IECINHING. Excepting therefre* all that portion lying within the boundary of CARLSBAD TIACT MO. 81-10 UNIT HO. 1, according to Nip thereof Bo. 10330, filed In the Office cf the County Recorder of San Diego County, February 18, 1982. Also excepting therefroB all that portion lying within the boundary of Carlabad Tract Ho. 81-10 Unit Mo. 2A, according to Hap thereof No. 11134, filed in tbe Office of the Comity tecorder of San Diego County, January 31, 1985. ••/bp !\ ! (i !