HomeMy WebLinkAboutMS 754; Dyna-Industries; 87-699368; Public Facilities Fee Agreement/Release* . .
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RECORDING REQUESTED BY AND 1
WHEN RECORDED MAIL TO:
1
CITY OF CARLSBAD 1 1200 Elm Avenue ltlE7 DE& 2 1 p/j 2; 43
Carlsbad, California 92008
. Space above tnis line
Documentary transfer tax: tl
Signature of declarant determining
tax-firm name
City of Carlsbad
&3-zw-f?/~ Parcel NO. Lots g&lo, car- tract ~t7?-4~ (C.O.&F. Palmar Airport Busi.ng~,~ Park\ Unit 81~ 8054
AGREEMENT BETWEEN CEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this 21 day of aary , I9 87
by and between Dyna-Industries
-(developer-owner)
a Corporation , hereinafter referred to as
(Corporation, partnersnip, etc.)
"Developer" whose address is 6200 Y:;;zg Drive. p. 93noq
(City, state, zip code)
and THE CITY OF
CARLSEAD, a municipal corporation of 'the State of California, hereinafter
referred to as "City", whose address is 1200 Elm Avenue, Carlsbad, California,
92008.
WITNESSETH:
WHEREAS, Developer is the owner of tne real property described on
Exhibit "A":, attacned hereto and made a part of tnis 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:
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on said Property, wnicn development carries the proposed name of
Dyna-Med, Inc.
and is hereafter referred to as "Development"; and
*WHEREAS, Oeveloper filed on the day of 9
19 , witn the City a request for Planned Industrial Permit
hereinafter referred to as "Request"; and
WHEREAS, the Public Facilities Element of tne 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 tne City Clerk and is
incorporated by this reference); and
WHEREAS, Developer and City recognize tne correctness of Council Policy
No. 17, dated April 22, 1986, 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 additional need for public
facilities and services resulting from tne proposed Development; and
WHEREAS, Developer has asked the City to find that public facilities
and services will be available to meet tne future needs of the Development as
it is presently proposed; but the Developer is aware tnat 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 to nelp
satisfy the General Plan as implemented by Council Policy No. 17 by payment of
a public facilities fee.
NOW, THEREFORE, in consideration of tne recitals and tne covenants
Contained herein, the parties agree as follows:
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1. The Developer hall pay to the City a public facilities fee in an
3, &F amount not to exceed 2&$ of the building permit valuation of the building or
structures to be constructed in the Development pursuant to tne Request. Tne
fee shali be paid prior to tne 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 tidition to any fees, dedications or improvements required
pursuant to Titles 18, 20 or 21 of the Carlsbad Municipal Code. Developer Shall
pay a fee for conversion of building or structures into condominiums in
an amount not to exceed building permit valuation at the time of
conversion. The fee for a condominium conversion Shall be paid vior to the
issuance of a condominium conversion permit as provided in Chapter 21.47 of tne
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, except in reference
to mobilehome sites or projects, shall not refer to grading permits or other
permits for tne construction of underground or street improvements unless no
Other permit iS necessary prior t0 the use or occupancy for Which the
development is intended. Developer Shall pay the City a public facilities fee
in the sum of $1,150 for each mobilehome space to be constructed pursuant to the
Request. Tne fee shall be paid prior to tne i,ssuance of building or Other
construction permits for tne 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 may offer to donate a site or sites for public
facilities in lieu of all or part of tne financial obligation agreed upon in
Paragraph 1 above. If Developer offers to donate a site or sites for public
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facilities, tne City snall consider, but is not obligated to accept tne offer,
The time for donation and anount of credit against the fee Shall be determined
by City prior to the issuance of any building or otner permits. Sucn .
determination, when made, Shall become a part of this agreement. Sites donated
under tnis paragraph snail 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 tne Development with the City's General Plan. If tne
fee is not paid as provided herein, the City will not have tne 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 otner construction permit or entitlement for use shall be issued
until tne 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 tne City
Council determines the need exists to provide the facilities and sufficient
funds from tne payment of tnis 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
of the Development herein described.
6. All obligations nereunder Shall terminate in the event tne Requests
made by Developer are not approved.
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7. Any notice from one party to the other sha?? be in writing, and
shall be dated and signed by the party giving such notice or by a duly
authori@ representative of such party. Any such notice Sha?? not be effective
for any purpose whatsoever unless Served in one of the fOl?OWing 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 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 tne address as may have been
designated, postage prepaid and certified.
8. This agreement sha?? be binding upon and snall ensure to the
benefit of, and Wall apply to, the respective successors and assigns of
Developer and tne City, and references to Developer or City herein Shall be
deemed to be reference to and include their respective successors and assigns
witnout specific mention of sucn successors and assigns. If Developer should
cease to have any interest in the Property, a?? obligations of Developer
hereunder Sha?? terminate; provided, however, that any successor of Developer's
interest in the property Sha?? have first aSSU&d in writing the Developer's
obligations hereunder.
9. This agreement shall be recorded but snall not create a lien or
security interest in the Property. When the obligations of tnis agreement have
been satisfied, City Sha?? record a release.
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IN WITNESS WHEREOF, this agreement is executed in San Diego County,
California as of the date first written above.
DEVELOPER-OWNER: CITY OF CARLSBAD, a municipal
corporation of the
State of California
Director
BY
(Title)
ATTEST:
APPROVED AS TO FORN: APPPOVEO AS TO FORM:
F. BIONDO, JR., CITY ATTORm
a(HLad . /wp7:
\I1 NCtN r b BIONDO
City Atto;ney , J] l ,
(Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.)
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EXHIBIT “A”
. ; LEGAL IJESCR IPTION
Being all of Lots 9 & 10 of Carlsbad Tract No. 73-49 (C.C. & F. Palomar Airport Business Park) Unit No. 1, in the City of Carlsbad
County of San Diego, State of California, accord,ing to Map thereof
No. 8054, filed in the office of the County Recorder of San Diego County, December 31, 1974.
CORPORATE AJiKNOWLEDGMENT - NO. 202
the undersigned Notary Public, personally appeared
~iL-E&iJ E
W&rsonally known to me
0 proved to me on the basis of satisfactory evidence
executed the within instrument as
or on behalf of the corporation therein
named, and acknowledged to me that the corporation executed it.
Notary’s Signature
7120 122 NATIONAL NOTARY ASSOCIATION l 23012 Ventura Blvd. l P.O. Box 4625 l Woodland Hills, CA 91364
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EXHIBIT "A" .23M
LEGAL DESCRIPTION
_
Being all of Lots 9 and 10 of Carlsbad Tract No. 73-49
(C.C:&F. Palomar Airpdrt Business Park) Unit No. 1, in
the City of Carlsbad, County of San Diego, State of California,
according to Map there of No. 8054 filed in the office of
the County Recorder of San Diego County December 31, 1974,
more particularly described as follows:
Beginning at the most Northeasterly Corner of said Lot 9;
thence S l"40'00" W 613.86 feet; thence S 3'15'50" W 251.10
feet; thence West 372.73 feet; thence N 3'30'00" W 269.41
feet to a point on a 1969.00 foot radius curve; thence
Northerly 120.28 feet along said curve, said curve concave
easterly with a central angle of 3"30'00"; thence North
450.19 feet to a point on a 25.00 foot radius curve; thence
Northerly and Easterly 39.27 feet along said curve, said
curve concave Southeasterly with a central angle of
90"00'00"; thence East 400.00 feet to the point of beginning,
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STATEHEN OF AGREEMENT
TENTATIV’E PA&EL MP
CITY OF CARLS6AD
The Subdivision Map Act and the Carlsbad Municipal Code sets a fifty (50) day time restriction on Engineering Department processing. This time limit can only
be extended by, the mutual concurrence of the Applicant and the City. By
accepting applications for Tentative Parcel maps concurrently with qplications
for other approvals wttich are prerequisites to the Map (i.e., Environmental
Assessment, Environmental Impact Report, Condominium Plan, Planned Unit Development, etc.), the fifty (50) day time limits are often exceeded. If you wish to have your application processed concurrently, this agreement must be
signed by the Applicant or his agent. If you choose not to sign the statement,
the City will not accept your application for the Tentative Parcel Map until all
prior necessary entitlements have been processed and approved.
The Undersigned understands that the processing time required by the City may
exceed the time limits; therefore, the Undersigned agrees to extend the time limits for City Engineer action and fully concurs with any extensions of time up
to one (1) year from the date the application was accepted as complete to properly review all of the applications.
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January 19, 1987
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T GLENN F. HARE Propertv Owner
r Name (PLEASE PRINT) Relationship to Application I (?roperty Owner/Agent)
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CORPORATE ACKNOWLEDGMENT NO. 202
State of California 1 On this the !?!?day of January 1987, before me,
County of San Dieqo Barbara J. Eder I
the undersigned Notary Public, personally appeared
Glenn F. Hare
7120 122 NATIONAL NOTARY ASSOCIATION l 23012 Ventura Blvd. l P.O. Box 4625 . Woodland Hills, CA 91364
74 personally known to me
q proved to me on the basis of satisfactory evidence
to be the person(s) who executed the within instrument as President or on behalf of the corporation therein
named, and acknowledged to me that the corporation executed it.
y hand and official seal.
Notary’s Signature