Loading...
HomeMy WebLinkAboutCT 81-38; Carlsbad Industrial Associates Ltd; 81-302952; Public Facilities Fee Agreement/Releaseqfter reiqrdincj returnJO: _ : 2008 I ---"ykl ,- . . Fiiih~~f ~0. . Carlsbad, CA 92008 * AGREEMENT BETWEEN DEVELOPER-OW-NE JQJD THE CITY OF CAlUSBAD FOR THE . . PAYME'NT OF A PUBLIC FACILITIES FEE OFFMu. RECORDS . SAli MC0 COUWTY,CA, aVERA L.LyL& . RECOROFR THIS AGREEMENT is entered into this 1 day of July .." , 1, 1981' , by and between Carlsbad Industrial Asspkiates, Ltd. NO FEf (name of developer-owner) . a partnership ,hereinafter referred to as (Corporation, partnership, etc.) . . . "Developer", whose address is 2270 Camino Vida'Roble I (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 _. . Avenue, Carlsbad,, California, 92008. . ._ - WITNESSETH: '. 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 . . ' WHERJ?AS, Developer proposes a development project as follows: Conversio‘n of existing office and warehouse building to . dommercial condominiums. . . . * . _ . . . . * 4MAu30 ; * . . . B/ @TG . /kP AN ’ . I . . l 3 ‘: . .. .,’ 2009 ,’ . . . on said Property, which development carries the proposed name . Of. Palomar Airport Bushess Park, Lot 7 and is hereafter referred to as "Development"; and WHEREAS, Developer filed on the 7th day Of JULY I . 1981 , with the City a request fori+or Condominium Permit.' cmJf/eP/(Y "(hereinafter referred to as "Request"; and . . . .WHERELAS, 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 I by this reference; .and WHEREAS, Developer and City recognize the correctness of . Council Policy No. 17, dated August 29, 197gi on 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 o.f 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 2.. * . . * * . . . .. ‘1 , . - to help satisfy the General Plan as implemented by Council Policy . 'No. 17'by NOW, covenants 1. fee inFan payment of a public facilities fee. THEREFORE, in consideration of the recitals and the . . contain&d herein;the parties agree as follows: The Developer shall pay to the City a public facilities amount not to exceed 2% of the building permit valuation of the buildings or structures to be constructed in the Development I pursuant to the Request. The fee shall be paid prior to the a . - .,issuance of building 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 ry . required pursuant to Titles 18,' 20 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 20.44 of the Carlsbad Municipal Code. . Developer shall structures into building permit pay a fee for conversion of existing buildings'or condominiums in an amount not to exceed 2% of the 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 I 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, exceptin 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 . 3. :... . . - . _ __. . . . . ‘. . . . . . 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. 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 20.44 of the Carlsbad' Municipal Code. . - 2. The Developer may offer to donate a site or sites for . . c 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 anh 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 agree- . ment. 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 required to ensure the consistency of the Development with the . . . . . pursuant hereto are 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 L * 1. y -. . . * l . _.. . , 2012 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 Deve.lopment herein described. I , . . : 6. All obligations hereunder shall terminate in the event the Requests made by.Deveioper are not approved. . r 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 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 by depositing the same in the United States . . - .___-___ . -.-__ -_. . ..--. . ..-.. . . * * !. . - . 2.0 13 - . . . ‘. * ‘. f . . 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 intierest 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. /// . - 6,. . l . ._ . . -. . . . F,** , . .i . 2014 . ,- . : . IN'WITNESS WHEPEOF,' 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 . . Richard L. Darlin * (Title), City Manager BY (Title) . ATTEST: ^ cLL&d R& . ALETBA L. RAUTENKRANZ, C APPROVED AS TO FORM: City Attorney * . . . . (Notarial acknowledgement of execution bi DEVELOPER-OWNER must , be attached;) . . - . . - h 2015 STATE OF CALIFORNIA > COUNTY OF LOS ANGELES On August 19, 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. LOS ANGELES COIJNW 23 . . * . 2016 EXHIBIT "A" . LEGAL DESCRIPTION Lot 7 of Carlsbad Tract No. 73 - 49 (C.C. & F. Palomar%irport Business Park) unit No. 1 per Map thereof No. 8054, filed December 31, 1974. . .