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HomeMy WebLinkAboutCT 82-04; Birtcher Business Center; 82-073777; Public Facilities Fee Agreement/Releasef Carlsbad, CA 92008 -,' b AGREEI'lENT BETWEEN DEVELOPER-OWNER AND THE CITY 0.F CARLSBAD FOR THE . PAYMENT OF A PUBLIC FACILITIES FEE s-. THIS AGREEMENT is entered into this 5 day of 8 19 %a, by and between BIRTCHER BUSINESS CENTER-CORPORATF PAIOMAR-Pu II CAnlppec PqLgmAP. (name of de&loper-owner) I a CALIFORNIA LIMITED PARTNERSHIP ,hereinafter referred to as (Corporation, partnership, etc.) "Developer", whose address is 27611 LA PAZ ROAD I (street) . . LAGUNA NIGUEL, CAL. 92677 + - (City, state, zip code) ~ , and THE CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City", whose address is 1200 Elm Avenue, Carlsbad, California, 92008. , WITNES -. WHEREAS, Developer is the owner , S E T'H: 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 WHEREAS, Developer proposes a development project as follows: : AN 1NDUSTRIAL PLANNED UNIT DEVELOPMENT CONSISTING OF 5.lNDUSTRIAI IOTS . VARYING IN SIZE FROM 1.17+ ACRES TO 3.19* ACRES, AND ONE OPEN SPACE LOT. 82-073777 ’ 4MAR80 M! IN? I 8 AN IO: 06 VERA L. LYLF 1 L COIJHI’Y RECm-!!3?J Nom e.Tg2-q/pw 3J , I I*,. ‘, , ‘\ - : 4 ’ ..’ . . / :, * I on said Property, which development carries the proposed name of PALOklAR‘OAKS II - A BIRTCHER BUSINESS CFNTFR and is hereafter referred to as "Development"; and WHEREAS, Developer filed on the 5 day of brtcd , 19 82 , with the City a reXpeSt for APPROVAL OF A TENTATIVE sU~0lVl s lON MAP AND A PLANNED UNIT DEVELOPMENT PERMIT / c7- J&Q&b 3f / (hereinafter referred to as "Request"; and WHl&EAS, 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; and , WHEREAS, Developer and City recognize.the correctness of ' Council, Policy No. 17, dated August 29, 1979, on file with the City Clerk and incorporated by this reference; and that the Citjr's public facilities and services are at capacity and will not be available to accommodate the . addition+ 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 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, Developer proposes ’ . ‘** ’ I -. r -I ; x- i’ : . .‘ , I v. ‘%.-A 2175 ? -. . . 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 fee in an amount not to exceed 2% of of the buildings or structures to be the City a public facilities the building permit valuation 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- 2 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. 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 pay a fee for conve rcion of existing buildings or structures into condominiums in an amount not to exceed 2% of the building permit valuation at the time of conversion. The fee for a condominium conversion shall be paid prior to the issuance of a condominium conversion permit aseprovided in Chapter 21.47 of the 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 mobi,lehome 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. . . _. . - . . ..-:- .:.. _-.&.w. .L_. -.--.^._--.-._ . , + ‘I1 -. 1. _ *I , _ .-* 2176 --- ,. ’ . . - . the development is intended. Developer shall pay to City a public facilities fe.e 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 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,sbut 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- 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 - . required to ensure the consistency of the Development with the City's General Plan. If the fee is not paid as pr0vide.d 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 4. . 1 , ‘s., . * .’ c ,- C’ -i ,- -‘\A. . - . . ’ ,.. 2177 .I l . ’ * . 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 provide the facilities and sufficient funds this and similar public facilities fees are the need exists to from the payment of available. 5. City agrees to provide upon request reasonable assurances . . . ~ to enable Developer to comply with any requirements of agencies as evidence of adequate public facilities and sufficient to accommodate described. 6. All obligations the needs of the Development 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 other public services herein 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 5. .- i,,. .-_ _. . __, I-_ _ - -&i .\ r . & _ .._ _ ._ .L. . _~- * ~xB?“s,wGz---a‘“rn y___-- Mail, enclosed in a sealed envelope, .addressed to Developer at the ,.. address as may have been designated, postage prepaid and‘certified. a. 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 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. 6,’ . . . . . ., I..’ -I \ - r * :. * ‘, ., l . L’ \ I * ’ . IN County, --.__ .A WITNESS WHEtiOF, this agreement Califofnia as of the date first DEWLOPER-OWNER: B I.RTCHER BUS I-NESS CENTER- CORPORATE PALOMAR-PHASE II is executed in San Diego written above. CITP .OF CARLSBAD, a municipal tiorporation of the State of California I 2.179 ‘?’ By: CAMPBELL-PALOMAR, A GENERAL PARTNERSHIP (Name) By BIRTCHER PACIFIC. A GFNERAI PARwSHIPBy City Manager ATTEST: e. APPROVED AS TO FORM: . (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) 9, II \I . TO 1955 CA (8.74) (Partnership as a Partner of a Partnership) STATE OF CALIFORNIA . b f 1 2 .18 0 flg;:gANcE ^^ AllCOR COMPANY t z : 3 : & I COUNTY OF Orange I x3. On this 3rd day of March 1982 before me ~e~~a~~~~~in~~~~~~~r~~~ zsonally appeired Dorothy Schaus A[t!ur B* B’ rtcher , known to me td B-rrtcher Paclflc a partnership, said partnership being known to me to be one of the partners of Campbe1 1 -Pal Omar the partnership that executed the within instrument and ac- knowledged to me that they executed the same as partners of the partnership first above named, that said partnership exe- cuted the same as a partner of Campbe 1 -Pal Omar , and that said last wed partnership executed the same. WTAL SEAL 4 DOROTHY SCHAUS : NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY My wmm. expires SEP 28, 1984 I (This arca for ot%ciel no~rial w) ,. _. STATE OF CALIFORNIA COUNTY OF Oranqe ~__ > SS. Otl March 3, 1982 before me, the undersigned, a Notary Public in and for said State, personally appeared Robert M. 'Campbell known to me to be the geney,@l, artners of the partnership CAMPBELL-PALOMAR that executed the within instrument and acknowledged to me that such partnership executed the same. WITNESS my han Signature Y- ICIAL SEAL DOROTHY scwws NOTARY PUBLIC l CALIFORNIA ORANGE COUNT(’ $. My comm. expires SEP 28, : --.-.C+*r.2>-~- _ -- - --I 1984 suv-lr .- - -- Name (Typed or Printed) (This area for official notarial seal) ^ ‘! J 2S.81 - EXHIBIT "A" LEGAL DESCRIPTION All that portion of that cttttfn parcel of land shown and dcelgnoted as “Dccc ript ion No. 3, 78.07 l crcc” on Record of Suwep Map No. 5715, filed in the offlcc of the County Rccotdcr of San Diego County, December 19, 1960, befog a portion of Lot *‘C” of the Ranch0 Agua Hcdlonda, in the County of San Dlcgo. State of Csllfornia, according to Hap thereof No. 823, filed in the office of the County Recorder of San Dlego County, November 16, 1896, dcecribcd aa follows: Beginning at an angle point in the boundcry of l ald parcel of land rhown on Record of Survey Map No. S715, raid angle point being formed by the courcee choun thcrcon l e ‘*North 41.21’46” West, 1086.50 feet” and “North 57’12’36” Welt, SO5.80 feet”; thance along the boundary of l afd parcel of land, the following courrcc.and dlrtanccr; South 41’21’46” East, 1086.50 feet; South 79.20’21” Eart. 377.94 feet and North 39.35’10” Welt, 1666.97 feet to the iatcrrectlon vith the center line of County Road Sunny 1534 cc rhoun on raid Record of Survey Ntsp 3715, bein8 a point on the arc of 8 1200.00 foot radius curveI concave Southucrtcrly In raid canter line, c radial line of which bears North 26’51’26” East to l 8ld point; thence Northwesterly along the l rc of cald CUNC, through a central angle of 13*S2’31” l dlrtance of 290.60 feet to Eaglnecr’r Station 99+50,00 of eald Rocd Survey 1334; thence along 8 rdlcl line of rcid curve, South 12’58’19” Wert, to the lntrrrrctlon vlth the boundary of arid pcrcrl of land derlRn8trd “Dercrlptlon No. 3, 78.07 acrea”; thence 8lOng r8id boundary. South 57’12’36” Ecrt to the Point of Beginning. . . .