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HomeMy WebLinkAboutGPA 61A; Huntington Beach Company; 81-361927; Public Facilities Fee Agreement/Release. :.. , C-i&: df C:rl,sbad ‘166.4 . . 1 i_ 1200 Elm Ave. Carlsbzd, CA 92008 ' AGREEMENT BETWEEN DEVELOPER-OWNER P,ND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THI'S AGREEMENT is entered into this 76 day of "-er NO Ftk 19 81 , by and between HUC (name of developer-owner) a. California Corporation -,hereinafter referred to as (Corporation, partnership, etc.) . . IDeveloper", whose address is 2110 Main Street I (streeT> . Huntinqton Beach, wrni;, qzhd~ (city, state, zip code) , and THE CITY OF . CARLSBAD, a municipal corporation of the State of C alifornia, 'hereinafter referred to as."City", whose address is 1200 Elm 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 WHEREAS, Developer proposes a development project as follows: Tproje'ct ~~~ q lln --=++. The . n l3l~rrn- The City ,' :erve of s [NRR) - and we are seekinq an amendment to Planned Industrial (PI). -. . I -- - . !’ * . . * ~. . :: 1 . :. - : . 1665 -, .d on said Property, which development carries the proposed name . . of Huntington Palomar Business Park*- and is hereafter referred to as "Development"; and M WHEREAS, Developer filed on the 29 day of G-Y , 19 81, with the City a request for a General Plan amendment . . . from the existing'non-residentia3 r@servP to D1s+r'nl . (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 L \ 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 City's public facilities and services are at capacity and will not be,available to accommodate the .edditional 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 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. . . . * . _’ _. ‘( . I ‘, , ‘. ” , L . *, 1666 ’ : . 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 a'gree'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. A credit toward such fee shall be giten.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 conversion 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 conversYcl: permit as provided in Chapter 21.47 of the .Carlsbad M.:;!icipal Code. Condominium shall include community apa:-;:r,ient 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 . Y - . projects, shall. not refer to grading permits or other permits for the construction of'underground or street improvements unless no . &her permit is necessary prior to the use or occupancy for which _. .-_ . . . .- _-.. . II . I ’ . * ,’ . . .. 1667 -, . . . . ’ 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 l 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 I 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. . . c - 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 facilitiesi the City shall . consider, but is not ,obligated to accept the-offer. The time for donation and amount of credit against the fee by City prior to the issuance of any building Such determination, when made, shall become a shall be determined or other permits. 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. . Thi.3 agreement and the fee paid pursuant hereto are requ.i :c:C to ensure the consistency of the Development with the 'iJity'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 . 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 agehcies as evidence of adequate public facilities and services . -sufficient to accommodate the needs of the Deve.lopment herein described. . : 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 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 0.f '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. * . t ' . . .- __ ,_ .-- - . .- .--. . _’ . c4 )I,, . 1 -. .,.I, ‘J.. . .’ 1669 . . . * ‘, . Nail, enclosed in a'sealed envelope, addressed to Developer at the address as may have been designated, postage prepaid and certified. 8. This agkeement 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 Deve.loper 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. i. 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/. . & * . , -. ‘. . I, .’ .’ : r’. ’ I . . , . ‘. . . * .a ,- IN'WITNESS WHEP;EOF; this agreem&nt is executed in San Diego County, California as of the date first written above. DEVELOP2R-OWNER: . . . 4 16’70 CITY OF CARLSBAD, a municipal corporation of the State of California HUNTIXGTON BEACH COMPANY . City Manager Vice President Assistant Secretary (Title) ATTEST: : a&eLtL k’. (g&&J&& ALETIIA L. RAUTENKRANZ, Ci.fy"Cl~qxk LlrlFnuvJiJJ 113 2.u m.ml-aAT(fnn A r- In* FORM: L \/ Vdi?&&h. BIONDO, JR..@ C+Z.i Attorney .s ,(Notarial acknowledgemen!.-bf execution by DEVELOPER,~OWNER b2-attache3Tr-.. -: .-. . .- ..,___ . must TO 1.4!5 CA (8.74) ,i%rporation) m l!iMF= STATE OF CALIFORNIA Allcm - ss. COUNTY OF ORANGE o,, October 26, 1981 before me, the undersigned, a Notary Public in and for said State, personally appeared Laurence M. Netherton known to me to be the Vice President, and T. B. Rollins ' t known to me to be Assistant Secretary of the corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. ,..........\\\..\..\..~., OFFICIAL SEAL ; SHIRLEY MHOLMAN ; Notary Pubiic-Calitornta : ORANGE COUNTY I My commission expires 11-25-84 5 :.\\\\.....\\............ 2110 Main Street Huntington Beach, CA 92648 (This area for official notarial seal) , - l ,* ; _ ) . :. * u.. . 167 1 EXHIBIT “A” LEGAL DESCRIPTION - the following described real property in the State of California, County of SAN DIEGO That portion of that parcel of land designated as "Description No. 3, 78.07 Acres", as shown and delineated on Record of Survey Map NO. 5715, filed in the office of the County Recorder of San Diego County on December 19, 1960, being a portion of Lot "G" of the RANCH0 AGUA 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 said San Diego County on November 16, 1896, described as follows: Beginning at the point of intersectdon of the Northerly line of said Parcel with a line which is parallel with and 110.00 feet Southwesterly, measured at right angles, fran the Northeasterly line of said Parcel; thence along the boundaries of said Parcel as follows: . North 89" 46' 32" West, 214.72 feet to the Northwest corner'thereof; South 1" 02' 57" West, 1,295.68 feet; South 28" 55' 39" East, 190.67 feet to a point in a 1,500 foot radius curve concave Southerly, a radial line to said point bears North 6" 39' 05" East, Easterly along said curve, 116.40 feet through a central angle of 4" 26' 46"; and South 78" 54' 09" East, 382.97 feet; thence North 2" 36' East, 500.00 feet; thence North 19" 12' 56" West 1,115.85 feet to the point of beginning. AND : i- the following described real property in the State of California, County of SAN DIEGO . That portion of that certain parcel of land shown and designated as "Description No. 3, 78.07 Acres" on Record of Survey Map NO. 5715, filed in the office of the County Recorder of San Diego County on DecBnber 19, 1960, beincj a portion of Lot "G" of the RANCH0 AGIJJ HEDIONDA, in the County of San Dfego, the Map thereof No. State of California, according to 823, filed In the office of the County Recorder of said County November 16, 1896, lying Northerly of the center line of County Road Survey No. 1554 as shown on said Record of Survey Map NO. 5715 (now known as Palomar Airport Road). EXCEPTING THEREFR~ that portion lying Westerly of the followingdescribed hmhry lines: .Commencing at the Northwesterly corner of said "Decription No. 3"; thence along the - Northerly line of said "Description NO. 3" South 89" 46' 32" East, 214.72 feet to the Northeasterly corner of land described in a deed to Epoh Investment Club which recorded on November 15, 1961 as File No. 197951 and the TRUE POINT OF BEGINNING* thence along the Easterly boundary line of said land as follows: South 19" 12' 5;" East, 1115.85 feet to an angle point therein; and South 02" 36' 00" West, 500 feet-. to the Southerly line of said "Description No. 3". . AND : 1 1’ c * . . 1672 EXHIBIT "A" cont. the following described real property in the State of California, County of SAN DIEGO ' PARCEL 1: Parcel 4 of Parcel Map No. 6331, filed in the office of the County Recorder of San Diego County, September 8, 1977 as File No. 77-369645 of Official Records, being a division of a portion of Lot "G" of the RANCH0 AGUA HEDIONDA, in the County of San Diego, State of California, according to a Map thereof No. 823, filed in the office of the County Recorder of said County on November 16, 1896. PARCEL -II: An easement and right of way for ingress and egress, road and utility Purposes, including but not limited to electric power, telephone, gas, water, sewer and cable television lines and appurtenances thereto, together,with the right and power to convey the same to others over, under, along and across the ksterly and Souttrdesterly 30 feet of Parcel 1 and the Westerly, Northwesterly and the Northeasterly 30 feet of Parcel 2 of Parcel Map No. 6331, filed in the office of the County Recorder of San Diego County, September 8, 1977 as File No. 77- 369645 of Official Records, being a division of a portion of Lot "G" of the RANCH0 AGUA HEDIONDA in the County of San Diego, State of California, according to a Hap thereof No. 823, filed in the office of the County Recorder of San Diego County, November 16, 1896. AND: I Parcel 1 of Parcel Map No. San Diego County, 6331, filed in the office of the County Recorder of September 8, 1977 as File No. 77-369645 of Official Records, being a division of a portion of Lot "G" of the RANCH0 AGUA HEDIONDA, in the County of San Diego, State of California, filed in the office of the County according to a Map thereof No. 823 Recorder of said County on November 16, 1866. ‘AND: the following described real property in the State of California, County of SAN DIEGO -. L Parcel 2 of Parcel Map No. San Diego County, 6331, filed in the office of the County Recorder of September 8, 1977 as File No. 77-369645 of Official Records, being a division of a portion of Lot "G" of the RANCH0 AGUA HEDIONDA, in the County of San Diego, State of California, according to a Map thereof No. 823, filed in the office of the County Recorder of said County on November 16, 1896. AND: :' the following described real property in the State of CaIifomia; County of SAN DIEGO Parcel 3 of Parcel Map No. San Diego County, 6331, filed in the office of the County Recorder of September 8, 1977 as File No. being a division of a portion of Lot 77-369645 of Official Records, "G" of the RANCH0 AGUA HEDIONDA, in the County of.San Diego, State of California, according to a Map thereof No. 823, filed in the office of the County Recorder of said County on November 16, 1896.