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HomeMy WebLinkAboutCUP 274; Industrial Electronics Group Technology & Hughes; 85-165412; Public Facilities Fee Agreement/Release. 1 ._.. .-cl> s.. #” ..I . . . .._ _ ‘I. -. . I,. . , , ~ECORDINC requested BY AND 1 WREN RECORDED MAIL TO: 1 1 CITY OF CARLSBAD * . 1200 Elm Avenue Carlsbad, California ‘.. ,. 809 r- fi !; c, 0 I’-; i 2 f. 5 / 3 Of~~irJ;,!~~!~,, ‘,. .d ” ; ‘.(I;,[;‘; i fir ‘;A.jyy C&III !:c:%; Y. GA. i Space l bovethrr line for Recorder’8 u8e Documentary tranefer tax: $ No fee NO FEE W& Signature of declarant determin:lng tax-firm name City of Carlrbad . ' Parcel No. 213-020-14 AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY O'F CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE TRIS AGREEMENT i8 entered into this &%ay of LL~~,L D 195 by and between ‘GA. ANTCLIFFE (INDUSTRIAL ELECTRONICS GROUP TECHNOLOGY CENTER) (Name of Developer) a CORPORATION , hereineft,er (Corporation, pertnershlp, etc.1 . / I "Developerm whose addre88 i8 ’ 5155 EL CAMINO. REAL (Street) ' CARLSBAD, CA. 92008 \ and HUGHES AIRCRAFT COMPANY - -- - (Name of Legal Ovner) 8 (-' CORPORATIONS , hereinafter referred to ee (Corporation, etc. 1 “Owner” whose addrerr is . P.O. Box 1042 JI/s A161 (Street) : EL SEGUNDO, CA'. 90245 (City, State, Zip Code) AND-. . / the CITY OF CARLSBAD, i municipal corporation of the State of California, hereinafter referred to ar “City”, WhO8e l ddrerr i8 1200 Elm Avenue, Carlrbad, California, 92008. : . . ,&9p-274wvP 85-4 ,. . 810 . . RECITALS .' I WHEREAS, Owned is the owner of the real property described on Exhibit “A”, at Ached to and made a part of this agreement, and hereinafter referred to a8 “Property”; and . WHEREAS, the Property lie8 within the boundaries of Ciiy; and WREREAS, Developer ha8 contracted with owner to purchase the Property and proposes a devel’opment project a8 follows: b’ PAASFS *on 88id Property, which development carries the proposed name of . tu~“‘CTG!D&L ELFE IeoutCs Ciza”D . T&=~uou,r,zr Cl=-m!iz CIEG~zg - and is hereinafter referred to as “Development”; and WHEREAS, Developer fi.led on the 2l-e day of A-L D 1985, with the City a’request for I tbr, ‘Dt-tlO~QL L3sF1 W-lrT-, F - I - \uc=,,bL, hereinafter referred to a6 “ReqUe8t”; 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 ,Cleik and incorporated by this reference); and WHEREAS, Developer, Owner and City recognise the correctne88 of Council Policy No. 17 dated April 2, 1982,. on file with the City Clerk and incorporated by this reference, and that the City’8 public facilities and service8 are at capacity and will not be available to accommodate the additional need fbr public facilities and services resulting from the proposed Development; and ‘. -2- REV 4-2-82 . 1 . . J.-c 81$ - s # 1 WHEREAS, Developer and Owner have asked the City to find that public facilities and ‘services will be available to meet th.e future need6 of the Development as it is presently proposed; but the q-0 Developer and Owner are aware that the City cannot and will not be able to make any’ such finding6 without financial assistance to’ pay for such service.6 and facilities; and, therefore, Developer ‘and Owner propose to help eatisfy the General Plan as implemented.by * * Council Policy No. 17 by payment of a public facilities fee. NOW, THEREFORE, in consideration of the recital8 and the covenants contained herein, the parties agree a6 follows: 1. The Developer and Owner shall pay to the City a public facilities fee in an amount not to exceed 2% of the building permit valuation of the building or etructures to be constructed in the Development pursuant to the Request. The fee 6hal.l be paid prior to the issuance of building or other construction permit8 ‘for the development and shall. be based on the vaiuation at that time. This fee Shall be in addition to any fees, dedication6 or improvements required. pursuant to Titles 18, 20 or 21 of the Carlsbad Mun,icipal Code. Developer and Owner shall’pay a fee for conversion of existing building or structures into condominiums in an amount not to exceed 2X 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 as provided .in Chapter 21.47 of the J Carlsbad Municipal Co’de. Condominium shall include community apartment or stock cooperative. The terms “other construction permits”, “other construction permitli and “entitlement for use” a8 used in this agreement , -‘except in reference to mobilehome sites or ‘_ -3- I REV.4-2-82 : “ . . 4 - 812 !. - . . L projects, shall not refer to grading permits or oth’er permits for the construction of underground or street improvements unless no other permit is necessary prior to the use or. occupancy for whit * he development is intended. Develop.er and Owner shall pay to City a public fa’cilities 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. 2. The Developer and Owner may offer to donate a site or sites for public facilities in lieu of all or par’t of the financial obligation agreed upon in Para.graph 1 above. If Developer and Owner 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 agreement. 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 1 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 General Plan and any approval or permit for the Development shall’be void. No building or other copstruction permit or entitlement for use shall be is8ued until the public facilities fee required b’y this agreement is paid. -4- ---- . - fi- 4. ,City agrees to deposit the fee8 paid pursu‘ant to this agreement in a public facilities fund for the financ.ing of public facilities when the City Council determines the need exists to provide the facilities and euffic,ient- funds from the payment of this and similar public facilities fees are available. 5. City agree8 to provide upon request. reasonable assurances to enable Developer and Owner to comply with any requirements of other public agencies as evidence of adequate public facilities and services eufficient to accommodate the need8 of the Development herein described. . 6. All obligations hereunder shall terminate in the event the .Requests made by Developer are not approved’. 7. Any notice from one p-arty to the other shall be in writing, and shall be dated and signed by the ‘party giving 8uch 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 of personal delivery’ . thereof to the City or by depositing same in the United States M.ail, addressed to the City at the address set forth herein, enclosed in a sealed envelope, addreesed to the City for attentionof the City Manager, postage prepaid and certified. 7.2 If notice is given to Developer by personal delivery thereof to Developer or by depoeiting the same in the United States Mail, enclosed in a sealed envelope, addressed to Developer at the address a8 may have been designated, postage prepaid and certified. -5- REV 4-2-82 . ) G. . 814 8. This agreement shall be binding upon and shall inure to the a r benefit of, and she1 PPlY to, the res.pective s’kcessors and assigns . of Developer, Owner and the City,’ and references to Developer, Owner or City herein shall be deemed to be reference to and include their respective successor8 and assigns without specific mention of such successors and assigns. If Developer should cease to have any . interest i‘n the Property, all obligat’ions of Developer hereunder shall terminate; provided, however, that any succe8sor of Developer’8 interest in the property ‘shall have first assumed in writing the Developer’s obligation8 hereunder. At such time as Owner ceases to have any interest in the Property, all obligations of O.wner hereunder shall kerminate; provided, however, that if any 8ucces’sor to the Owner’s interest in the Property is a stranger to this agreement, such succe8sor ha8 firs’t assumed the obligations of owner in writing in a form acceptable to City. . . 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/ . - -.* ~-2-82 -6- ’ , . 4 - 815 - , IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date f'irst written above. @ ; @ DEVELOPER: .* c-,tiryt,- UEWS4T~ BY G.A.CIv-rcucy~% . * TITLE . BY TITLE ATTEST: CITY OF CARLSBAD, a municipal corpdration of the APPROVED AS TO FORM: . VINCENT'F. ~Iomo; JR., City Attorney ,(Notarial acknowledgement of execution by DEVELOPER and OWNER must be attached.) -7- REV.4-2-82 : GENERAL ACKNOWLEDGMENT _ ~ 816 NO. 201 the undersigned Notary Public, personally appeared CIAL SEAL 4 MARCIA N BERG NOTARY PUBLIC - CAUFORNIA SAN DIEW rxHENpl MY cornin. exdres FEE 12. 0 personally known to me &roved to me on the basis of satisfactory evidence to be the person(s) whose name(s) subscribed to the A> within instrument, and acknowledged that h executed it. WITNESS my hand and official seal. Notary’s Signature 7llO 122 NATIONAL NOTARY ASSOCIATION . zwlz “entura twa. l i-.“. tax 4wb l wooaana I-WS, CIA YIJCL~ SCII! l;uIJ: A -- a?r All that portion of tot C of Ranchr, AVII~ llcdiorbdn, in t)l4 County of San IJic~(:o, State of Crlffornfa, A~r~lrdllig to ti3p tlbrrcof No; 823, fl led ln lhr ~fftcc of CoWty llerordcr of San Diego County, Dcccribcd a8 follows: Bcglnnlng at the point of lntcrsrcflon of the Urstcrly line cf tlrnt certain 90.00 foot strip of, lnnd dcacribcd 00 purcel 68374-A Ln drcds to the County of San DieSo C~lffornie Hccordsd March 12, 1970 nt Pflc/l’.~~:c No. 44G90 nnd Fllc/Pa~;c 44691, Officlol Record8 of Snn Dlcgo County nnd ahown on H.~clp of San Dlego County Rood survey no, 1800-1, - El Canrlno Real -, Fllcd in the Offlcc of the County Engineer of l afd county, vjrh the Southerly LLna of tluxt ccrtaln parcel rf Jnnd dcslgnotrd “palaver Airport” on l hect 1 of record of rutwcy map no. 64~3, fflrd in thr Offfcc of Cowty Rccordcr of Son Dicgo County, sAtd polnl of beginning br111~ o point ln the err of l 1955.00 foot radfue curve, toncnvr Ucstcrly, a Hadiral Line to raid point her8 North 83O 49’00” Enot: Thence along taid Southerly LinO of palom.lr Ajr art South 790 42’00” k?Bt-RCrOrd Of Survey l qUtll# South 79u 07’ 5)3” Ucst-, 1190.35 Feet to an lntcracctfon with the centrr lint of that certain 10.00 foot wvpr eoecwnt deacribad In Deed to L)utiira Sanltation District and Rccordcd January 5,196s es F!!e No. 1286, Dfflc41 Records of said County, antd point of fntorscction being distant along satd Southerly Line North 79042’00” East-Deed equal6 North ?9”40’39” East-, 1479.57 fret, ~6 O~OVTI on plat attnchcd to rafd Deed, from the Ucstcrly Tcrmtnue of the above mcntioncd Southerly lint of Palomar Airport: Thence along the centcr Iin of raid acucr easement South 39’38’41” ucfit - Deed equals South 39o37’20” Ucst- 361.33 feet: Thence South 24”4?‘36” b&fit - Drcd Equals South 24o46’15” ucst -b 307.33 feet: Thcncc South 13Ol0’59” Weat - Drcd Equals South 13 09’38” Ucht - 260.66 feet: Thcnrc South Oo35’lf*” Wcrt - Dred Equala South OO33’53” West -, f&7.81 feet: Thcncc leaving snid renter Line South 81051’05” E.lst,358.00 feet to the bcginnfnl; of a t;lnl:cnt 500.00 foot radius curyc, conc4ve Northerly: Thence NorthLastcrly Along aatd curve through a Central Ang’lr of 30’45’38” A Dfstancc of 26R.44 feet: ‘jlwnce Tanp,cnt to said curw North 67023’17” [dot, 573.06 feet to the %cSinning of a Tany,cnt 500.00 foot radluG curve, concave Southerly: Thrncc Eantcrly and Southe4sterly l lolll: ci11d curve through a cent141 rngle of 3Oo45’3H” A Distencs nf 26A.44 icrt: Thcncc TlrnCcnt to Reid curve South 81°51’05” Eset, 38.00 feet to an Intcrscction with the aforemuntloncd Wrl;trrly right of way ltnc of ro4d survey 1800-1, oaid point being 1500.00 feet Southucstcrly along sold right of u;ly line from the point of hcl:inntnl:: Thrncc along mid rlt$t of way Iirrc North 8”08’55” Cnr.t - )lond Swvcy I:rp~.il~ Nor tli BOW 20” E4st, lOlD.98 feet to the pollIt of ‘fangcwcy vith LIIC 4fowmcnttonad 1955.00 foot fadlus curve concovc Ucsterly: l’hcn’ce Northerly #long cald CUNC throufih a ccntr41 rnp,lc of. 14°19’55” A Dietencs of 489.02 Ccot to the point af bogtnniq. Said land IC alao Lnwn dn Fnrc~l 1 of Forccl Hop No. 1110, In the County of San Dlego, Stat4 of C;lllfornin, A copy of vlrlch map ~44 fllcd in the Of$lcc of the Rccordcr of Said County un November IO, 1972 aa Fllc 110. 302114. .