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Home My WebLink AboutMS 432; OAK SYSTEMS INC; 80-092260; Public Facilities Fee Agreement/ReleaseAfter* re^oi-ing return to: City Clerk - 1200 Elm Ave. Carlsbad, CA 92008 1 a T4A * <5 -*,,.A .r^COROtD REGUcST OF AGRSi:;<E>;T BETWEEN OWNER, -DEVELOPER ^ jg j(Y Cr fitt r AND: THE CITY OF CARLSBAD FOR THE . <V *y..WI uL TOIA ?[JBLIC FACILITIES .FES •. . C"; •':-:,,;••-/,,:,•.,;,..;' THIS 2\G?3EMEHT is eiiterecl into this 25 day o f •'•.-._J by and. between OAK SYSTMS INCORPORATED (Name of- Developer) DELAWARE CORPORATION • " '. ' (Corporation, partnership, etc.) i hereinafter referred to as "Developer" whose address is ^Z2A5_£ANTNO VTDA KOBLE (Street) CARLSBAD, CALIFORNIA 92008 and (City, state, zip code) PALOMAR AIRPORT BUSINESS PARK ' • (Naraa of Legal Owner) A PARTNERSHIP (Corporation, etc.) hereinafter referred to as "Owner" whose address is 6361 Yarrow Drive, Suite A ^_ -(street) CARLSBAD, CALIFORNIA 92008 (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, 32008. RECITALS WHEREAS, Owner is the owner of the real property described on Exhibit "A", attached to and made .a part of this agreement, and hereinafter referred to as "Property";, and • .1935' ' WHEREAS, the Property lies within the boundaries. of City;, and 'WHEREAS, Developer has contracted .with Owner to purchase the Property and proposes to construct A 100, OOP go,, FT. ENGINEERINGLAND __ MANUFACTURING BUILDING . : •. ' ' ' ' "' ' on said Property, which development carries the proposed name of " - OAK SYSTEMS,-, INC.' __ . • ' • . __ • . . _ and is - hereinafter referred to as "Development"; and WHEREAS, Developer filed on the 5 day of FEBRUARY __ ,. 19 80 , with the City a request for A TENTATIVE PARCEL MAP __ (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 incorporated by this reference) ; and WHEREAS, Developer, Owner and City recognize the correctness of Council Policy No. 17, attached to and made a part of this agreement, and that the City's public facilities and services are at capacity and will not be available to accommodate the additional :reed for public facilities and services resulting from the proposed Development; and % • WHEREAS , Developer and Owner have 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 2. Developer and Owner are aware that the City cannot and will not be able to make any such findings without financial assistance to pay for such services and facilities; and, therefore, Developer and Owner propose 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 part5.es agree as follows: \ . '•'.'- 1. The Developer and Owner shall pay to the City a public facilities fee in the amount of 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 development 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 and Owner shall pay a fee for conversion of existing buildings or structures into condominiums in an •« amount equal to 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 as provided in Chapter 21.47 of the Carlsbad Municipal Code. Condominium shall include coirmunity apartment or stock cooperative. 2. The Developer and Owner may offer to donate a site or sites for public facilities in lieu of all or part of the financial obli- gation agreed upon in Paragraph 1 above. If Developer and Owner offer 3. 1937 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 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 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 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 agree- ment 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 and Owner to comply with any requirements of other public agencies as evidence of adequate public facilities and services sufficient to accommodate the needs of the Development herein 'described. 6. All obligations hereunder shall terminate in the event the Requests made by Developer and Owner are not approved. 4. 1938 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 authorised 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 II: 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 Mail, enclosed in a sealed envelope, addressed to Developer at the address as may have been designated, postage prepaid and certified. 7.3 If notice is given to Owner by personal delivery thereof to Owner or by depositing same in the United States Mail, enclosed in a sealed envelope addressed to Owner at the address set forth herein or at such other address as inay 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 cind 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 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; 5. provided, however, that'any successor of Developer's interest in the Property shall have first assumed in writing the Developer's obligations hereunder. • At such time as Owner ceases to have any interest in the Property, all obligations of Owner hereunder shall terminate; provided, however, that if any successor to the Owner's interest in the Property is a stranger to this agreement, such successor has first assumed the obli- gations of Owner in writing. 9. This agreement shall be recorded. When the obligations of this agreement have been satisfied, City shall record a release. IN WITNESS WHEREOF, this agreement is executed in San Diego v;;:; County, California as of the date first written above. • ,,,/ .$?•' '•'•> OWNER: . DEVELOPER: . 1 •••" PALOMAR AIRPORT BUSINESS PARK OAK SYSTEMS INC. ATTEST: ALE'THA L. r^UTE^KRJ^^ , City Clerk APPROVED AS/1TO F/ T ff Title VICE PRESIDENT /VT^WL^*^*^ Title _ CITY OF CARLSBAD, a\faunicipal corporation of the State of California By. City Manager APPROVED/AS TO/ORM: VINCENT F. Biw60^^6ily Attorney \ -/— vry&r~ —\ Dafiiel S. Hentschke, Assistant (Notarial acknowledgement of execution by DEVELOPER and OWNER must be attached.) 6. 194-0 LEGAL DESCRIPTION. ASSESSOR'S PARCEL NO. 213-06-03 TRACT NO. 73-49 UNIT NO. 2 MAP 8418 LOT 18 STATE OF CALIFORNIA SAN DIEGOCOUNTY OF_ February 25, 1980 „, before me, the undersigned, a Notary Public in and for said State, personally appeared.Bernard W. Gilmore known to me to be the the partnership ^a that executed the within instrument and acknowledged to J; such partnership executed the same. c (0a. cr> § hartal and official seal. o Signature L&> ( J. tyOL^ Name (Typed or Printed)(This area for official notarial seal) STATE OF CALIFORNIA, COUNTY OF_SAN DIEGO ss. February 25 19_80_ before me, the undersigned, a Notary Public in and for said State, personally appeared Donald S. Diehl Vice President _, known to me to be the of thfi Oak Systems, Inc. the Corporation that executed the within Instrument, known to me to be the person who executed the within Instrument, on behalf of the Corporation, therein named, and acknowledged to me that such Corporation executed the same. WITNESS my hand M official Notary Public in and for said State. ACKNOWLEDGMENT—Corporation—Wolcotts Form 222—Rev. 3-64