HomeMy WebLinkAboutPIP 86-07; Kaiser Electro Optics; 87-068739; Public Facilities Fee Agreement/Release.I . *
" RECOROING REQUESTED BY AND )- i&w
‘_ .
l . , WHEN RECORDED MAIL TO: 1
1
87 068739
?..-... ,..-
i -3..+.,
j
:‘; :. f.; T,, ,:. 3 [- 11’
j: ,:- :- ! ._ j .a, 1
/ **
KIT -, [; ;<: ! , iii ::‘,-J; :j::‘.-.‘..-: . . AL:.: ,..LU’% / 1. -‘, 1
CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, California 92008
Documentary transfer tax: m
Signature of declarant determining
tax-firm name
City of Carlsbad aogel-a7
Parcel No. 209-081-08
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this 17 day of December , 19 86
by and between Kaiser Electra-Optics
(name of developer-owner)
a California Corporation , hereinafter referred to as
(Corporation, partnership, etc.)
"Developer" WhOSe address is 6070 Avenida Encinas
(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,
92008.
WITNESSETk
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:
47500 sq.ft. R&D and Manufacturing Facility -
t ., . . ‘. 4 1859 - I , * . . on said Property, Which development carries the proposed name of
Kaiser Electra-Optics
and is hereafter referred to as NDevelopment"; and
WHEREAS, Developer filed on the /7 day of Lc WI&e& 9
19 %6, with the City a request for A Planned Industrial Permit
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 is
incorporated by this reference); and
WHEREAS, Developer and City recognize the 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 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 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:
-2-
REV 4-22-86
. . cc 1860
\
1. The Developer shall pay to the City a public facilities fee in an
amount not to exceed 2.5% of the building permit valuation of the building 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. Developer Shall
pay a fee for conversion of existing building or structures into condominiums in
an amount not to exceed 2.5% 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 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 the construction of underground or street improvements unless no
other permit iS necessary prior to 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. 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 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 I above. If Developer offers to donate a site or sites for public
-3-
REV 4-22-86
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 tnis 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 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 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 are not approved.
-4-
REV 4-22-86
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 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 the address as may have been
designated, postage prepaid and certified.
8. This agreement Shall be binding upon and Shall ensure 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 snail 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 in the Property. When the obligations of this agreement have
been satisfied, City Shall record a release.
-5-
REV 4-22-86
I.
. : 4 .- s 1863 * .’
\‘. 8
IN WITNESS WHEREOF, this agreement is executed in San Diego County,
California as of the date first written above.
DEVELOPER-OWNER:
Kaiser Electra-Optics
(name) BYY Larry Q!terink
President (TItleI
BY
CITY OF CARLSBAD, a municipal
corporation of the
State of California
BY
For F. 0. Aleshire.
City Manager
ATTEST:
"-'?'-nF3 AS TO FORM:
APPROVED AS TO FORM: VI%
BY
-T 1 BIONDO WINAl I3 R RAI I
City Attoiney '
JR l 9
(Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.)
-6-
REV 4-22-86
*, .,
I,’ ,
* I .
. . .
b
- 1864
EXHIBIT “A”
LEGAL DESCRIPTION
Lot 8 of Carlsbad Tract No. 74-21, in the City of Carlsbad, County of
San Diego, State of California, according to map thereof No. 10372, filed in
the office of the County Recorder of San Diego County, April 13, 1982.
CORPORATE ACKNOWLEDGMENT NO. 202
SS.
On this the Aday of 19&, before me,
,
the undersigned Notary Public, personally appeared
Arlrrq/ d!&-l:, k I 0 personally known to me
$( proved to me on the basis of satisfactory evidence
executed the within instrument as
-of the corporation therein
named, and acknowledged to me that the corporation executed it.
WITNESS my hand and official seal.
Notary’s Signature
NATIONAL NOTAAY ASSOCIATION l 23012 Ventura Blvd. l P.O. Box 4825 l Woodland Hills. GA 91364
c \.
PRELIMINARY REPORT
In response to the herein referenced application for a policy of title insurance, this Company hereby reports
that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance
describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be
sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception herein or not
excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms.
The printed Exceptionsand Exclusionsfrom thecoverageof said Policy or Policiesare set forth herein. Copies
of the Policy forms should be read. They are available from the office which issued this report.
This report (and any supplements or amekdments hereto) is issued solely for the purpose of facilitating the
issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed
prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested.
First American Title Insurance Company
:..&< .~. .)..
411 ivy street
P.O. Box 808 (92112)
San Diego, Californ!~OP,lOl
(819) 238-l 77f.
,.-/, ‘y$ i .: . ;,. ‘;&+., *T .: : !I y -:-.$.-:, --y; Is’. , ,. . , . :: ~. .f .
_’ --.; _-- , -..: I
~_ ,,.
:.i ..: _.
First American Title Insurance Company
411 IW STREET, (P.O. BOX 808) SAN DIEGO, CALIFORNIA 92101 l (61s) 238-1776
July 29, 1986 t
FIRST AMERICm TITLE INSURANCE COMPANY
Escrow Department
411 Ivy Street
San Diego, California
ATTN: DEBORM WELSCE
Your Ref. 927097-D Our Order No. 927097-2 BUYER: KAISER ELECTRO-OPTICS
Dated as of July 18, 1986 at 7:30 a.m.
The form of policy title insurance contemplated by this report is:
CLTA
Title to said estate or interest at the date hereof is vested in:
KAISER DEVELOPMENT COMPANY, a California corporation
The estate or interest in the land hereinafter described or referred to covered by this Report is:
. FEE
The land referred to herein is described as follows:
Lote 7 and 8 of CARLSBAD TRACT NO. 74-21, in the City of Carlebad, County of San Diego, State of California, according to Map thereof No. 10372, filed in the Office of the County Recorder of San Diego County, April 13, 1982.
. ORDER NO. 927097-2 - . PAGE NO. 2
-,
At the date hereof exceptions to coverage in addition to the printed exceptions
and exclusions contained in said policy form would be as follows:
1. General and Special taxes for the fiscal year 1986-87, a lien, not yet
paysble.
2. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5
commencing with Section 75 of the California Revenue and Taxation Code.
3. An instrument entitled "Hold Harmless Agreement - Drainage" executed by
Title Insurance and Trust under Holding Agreement No. 409 in favor of the City of Carlsbad, upon the terms, covenants and conditions contained therein, recorded March 29, 1982 as File No. 82483817 of Official Records.
Reference is made to said instrument for further particulars.
4. The following recital as contained on Subdivision Flap No. 10372.
NOTE: This Subdivision is approved upon the express condition that building permits will not be issued for development of the subject property unless the City Engineer determines that sewer facilities are available at the time of application for such permits and will continue to be available until time of occupancy, if the City Engineer determines that sewer facilities are not available, building permits will not be issued.
5. An easement for sewer, drainage facilities and incidental purposes as delineated and designated on Map No. 10372 subject to any terms and conditions contained therein.
Affects Lot 8.
6. The limitations, covenants, conditions, restrictions, reservations, easements, terms, liens, assessments, provisions and charges but deleting restrictions, if any, based on race, color, religion or national origin as
contained in the Declaration of Restrictions recorded October 11, 1985 as
File No. 85-378668 of Official Records.
Said instrument provides that a violation thereof shall not defeat or render
invalid the lien of any mortgage or deed of trust made for value.
7. An Agreement regarding Payment of a Public Facilities Fee, dated October 23, 1985, upon the terms, covenants, and conditions contained therein.
EXECUTED BY AND BETWEEN: KAISER DEVELOPMENT COMPANY and THE CITY OF
CARLSBAD.
RECORDED: January 7, 1986 as File No. 86-006436 of Official Records.
l _ __ - _. . _ _ - . _ _ PAGE NO. 3
8. An easement to erect, construct, change the size of, improve,‘reconstruct, relocate, repair, maintain and use facilities consisting of underground
facilities and appurtenances for the transmission and distribution of
electricity pipelines and appurtenances for any and all purposes,
communication facilities and incidental purposes in favor of San Diego Gas
and Electric Company recorded June 11, 1986 as File No. 86-233717 of
Official Records, described as follows:
The easement shall be a strip of land, including all of the area lying
between the exterior sidelines, which sidelines shall be 3 feet, measured at
right angles, on each exterior side of each and every facility installed on
or before May 1, 1988.
The route or location of said easement cannot be determined from the record.
Reference is made to said Instrument for further particulars.
1985-86 TAX INFORMATION:
CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LANDVALUE: IMPROVEMENTS:
EXEMPT:
09013 209481-07 $149.73 PAID $149.73 PAID $27,608.00
Affects Lot 7.
CODE AREA: PARCEL NO.:
1ST INSTALLMENT:
2ND INSTALLMRNT: LANDVALUE:
IMPROVEMENTS: EXEMPT:
09013 209-081-08
$134.08 PAID
$134.08 PAID
$24,723.00
Affects Lot 8.
Disk No. C-4451
la
5
8 z E! 9
4 a
<-, 2
_ . . . . --------