Loading...
HomeMy WebLinkAboutCT 81-46; Palomar Business Park; 81-361926; Public Facilities Fee Agreement/Release6-2-82 The original agreement has been sent to be re-recorded after amendments were made. * 8’ .1 ‘I., ’ *>. . ), J‘ al * ’ ,I,!.-w. . , . AC.&:; jI$~&~ q +e %c . . . . 0. . turn to: \. - -- rfm3 *VW - c city o:.&rlsbad 1200 Elm Ave. Carlstrad, CA 92008 AC&EMEN;r BETWEEN DEJXXOPER-3KNER 1 *. . : . . . - n ‘. . . w; AND THE CITY OF CARLSBAD FOR TIIE PAYMENT OF A PUBLIC FACILITIES FEE . . . . .- . THIS AGREEMENT .is entered into this 29th day 02 October : - , 19 .80 I Palomar.Business Park d,b by and between . l&port BuSiness.rm+@t- -3 *&irlsbad (namr! of developer-owner) a joint vetiture -' ,hereLnafter referred to as (Corporation, partnership, etc.} . ?dev&loper", whose address is B I - (street) . Irvin;, CA -92714 ' l , and (City, state, zip code) . CARLSBAD, a municipal corporation of the State of THE CITY &? California, . . hereinafter referred to. as "City", whose address is 1200 Elm Avenzze, Carlsbad, California, 92008. . . . . . . . . *- . _ W X + N E S S E'T H: . . a . . I WHEREAS, Developer is the owner of the real property described on Exhibit-"A", attached hereto and mac?e a part of this agreement, hereinafter referred to as "Property"; and WHEREAS, the Property lies within the boundaries of City; . . *and . - - WHEREAS, Developer propos&s a development project as follows: . .f 295 Ad Pl'anned.Indu$trial Development \ . / . . . . - . . . . . ‘r . . ,(61 $pJ . . . . c fg/‘-$6 >. . ZC .a!3 sp/p/ .; .,. . ,* I 3 ! , ., . *, 2: a! ; i ,,. . -. . r-- -_ .~ . , L? 165-i’ ! a . ‘. on said Property, which development carries the proposed name of Airport Business Center, Carlsbad . and is hereafter referred to as "Development"; and . WHEREAS, Developer filed on the d -day of 'November.. , 19 80 I with the City a request for General Plan Development. . - (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; . 6 and ! . . . WHEREAS, Developer and City ret the correct ss of G 3a,GF- Council Policy NO. 17, dated W 7. 9 9 on file with the City. Clerk and Incorpora ted by this reference ; and that the City’s pub1 ic facilities and services are at capacity and will not be available to accommodate the - . additional need for public facilities and services retiulting.' from the proposed Development;' and W&PEAS, 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 th e City cannot and will nqt be dble to &ke any such finding without financial assistance to pay for . such services and facilities; and, .therefore, Devel.oper proposes . . . . . 2 . * . ‘. ,. . . . - ., - , .: J . 5 ’ ’ ’ . . -‘yc : 1658 . . -. 9’ ‘t . .-. . to help satisfy the General Plan as implemented by Council Policy NO. 17 by payment of a public facilities fee. . * 'NOW, THEREFORE, in consideration of the recitals 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 buildings 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 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 pursuant to Titles 18, 20 or 21 of the Carlsbad Municipal . . Code. $ei; m fz,aL 'wr Lm S .I w . . b@ a,kr . . f-la paAt ~~11 L:-* - u &f ?' z . . tc)rr i e&w ---., . .Developer shall pay a fee for conversion of existing buildings or . . structures into condominiums building permit valuation at condominium conversion shall . in an amount not to exceed 2% of the the time of conversion. The fee for a be paid prior to the issuance of a . condominium conversion permit as provided in Chapter 21.47 of the : . -Carlsbad Municipal Code. Condominium shall include community . -. . apartment or stock cooperative. The terms "other construction . - . -peAits", "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 * . . a - . other permit is necessary pri& to the use or occupancy for which . -3. . . . . * - ,. , ’ . . _ .-.%I t. ’ t I’ . 1- , * -, _’ l . . T . > . . f the development is intended. Developer shall pay to City'a public . . facilities fee in the sum of $1,150 for eac.h mobilehome space 50 be . constructed pursuant to'the Request. The fee shall be paid prior to the issuance of building or &her construction permits for the development. This fee shail be in addition to any fees, dedications . . or improvements required according to Titles 18, 20 or 21 of the abl 6( / 1 Carlsbad Municipal Code. A tied1 . . ' . . wi P-22vv-r\r.L aq+e- fm CLapk3Woi the . CaZYSbe d . s I 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 agree-. 1 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 pursuant hereto are qequired 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 $11 not be consistent with the . General Plan and any apprqval or permit for the Development shall . 4. - . . 6. .i 1669 1 . be void. No building or other construction permit or entitlement for-use shall be issued-until the public facilities fee required by ' this agreement * 4. City agreement in a . * is paid. . - - . . agrees to deposit the fees 'paid pursuant to this . public facilities fund for the financing of public - the need exists to facilities when the City Council determines provide the facilities and susficient funds . from the pdyment 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 bf the Development herein * - de'scribed. . . . 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 . writin*, and shall be dated and signed by the party giving such * not+ce or by a duly authorized representative of such party. Any * e . 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-here+n, - 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 td Developer by personal delivery . thereof to Developer or by depositing the same in the United States 5. -* . . . . w I’ . . ,* “~ x.. . * i . ** , -,- i: , .’ ? . . 6 . .‘, 1 . Nail, enclosed in a sealed envelope, addressed to Developer at the address as may have been designated, posta.ge 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 .m . or City -herein shall be deemed to be reference to and include their respective &uccessors 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 on the Property, When the obligations -. . . . .of this agreement have been-satisfied, City shall record a release. . //I . . - . ‘. 7 , 6 - . ,,‘a’, b , . . . . t f :/ G . ’ . rN WITNESS WHEPcEOF, this agreement is-executed in San Diego . . County, California as of the date first written above. DEVELOPER-OWXER: CITY OF CARLSBAD, a municipal corporation of the State of California Palomar Business Park d.b.a. Airport Business Center - Carlsbad By: Signal Landmark, Inc. . . . (Name) George D. *Stinger BY E BY -City Manager Senior vi/cc Preside&z Mark I& Sherman . . .Assisgant Secretary (Title) . ATTEST; _. . -, 0' 8‘ . , -- . VINCENT F. BIONDO, JR..,. . City Attorney m . j . . (Notarial acknowledgement 0.f execution by DEVELOPER-OWNER must be attached.) . . ‘:7. . . . TO I*%* CA 1e.7.1 *: :I (Joint Venture - By corporate joint venturer) STATE OF CALIFORNIA ‘) COUNTY OF ORANGE m EE- Ancon- t On November 6 - 19abefore me. the undersigned, a Notary Public in and for said state. wnona~~y appzare to mc to be the- -ti~_Presidcnt and--- andMARVeSFlERMAN, known w ASSI;Secretary. respectively of fi the ~wpor,ation that executed the within instrument. said I persons bemg known IO me to be the person% who executed the wilhin inslrument on behalf of said corporation, said known to me to be one of the joint venturers 0 the joint venture that executed the within invrument and aCknOWkdged 10 me lh3f ruch corporalion executed the same both individu- ally and as joint venturer of said joint venture and that such joint venture also executed the same. WITNESS my hand and official sea\. Signature 1 .----- I whia aam for 0mcia1 nct*ri., usI) * -... - -.-..-----\ - .-.- i -._ . - _ . ) . . ‘1 v , ,, -:, . : I* . 1, t l . r ,. ..’ 8 . . EXCITBIT "A" 'LEGAL DESCRIPTION . -__--_-___- _ . .._-_. -&- .-_- 2- _ .._..... L.-. _-__ _ _. ._ . _. . : -__..._-.. - .._ _ . . _ _ _ . . ..^ _ . _ _. . -. That portion of Lot "G"*of Ranch& Rgua Hedionda, in the County of San Diego, . State of California, according to Map thereof No. 823, filed in the Office of the County Recorder of Sdn Diego, November 16, 1896. c I . . . . . . _’ * . . , - 81-.381926 -. / .