HomeMy WebLinkAboutPIP 87-02; McMahan Realty Company; 87-248726; Public Facilities Fee Agreement/Release‘.
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1 CITY OF CARLSBAD * lt?OO Elm Avenue
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City of Carlsbad
Parcel No. 209 -t&l---
AGREEMENT BETWEEN OEVELOPER-OWNER
AND THE CITY OF CARLSBAO FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this 21 day of APRIL 9 19 a7
by and between MCMAHAN REALTY COMPANY
(name of developer-owner)
a CALIFORNIA CORPORATION , hereinafter referred to as
(Corporation, partnership, etc.)
"Developer" WhOSe address is 2333 STATE ST.
(street)
CARLSBAD,CALIFOlWIA, 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.
W ITNESSETH:
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:'
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gn said Property, Which development carries the proposed name of
CARLSBAD HOME OFFICE
and is hereafter referred to as "Development"; and
WHEREAS, Developer filed on the 21 day of APRIL ,
19 87 , WittI the City a request for 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 tne QrOQOSed Development; and
WHEREAS, Developer has asked the City to find that public facilities
and services will be available to meet the future needs of tne Development as
it iS presently proposed; but the Developer is aware that tne 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
conta ined herein, the parties agree as follows
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1. Tne Developer Sha 11 pay to the City a public faci lities 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. Tne
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 tnat time.
Thi's 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 QriOr 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. The fee shall be paid prior to the issuance of building or other
construction permits for the development. This fee shall be in xldition 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
Paragrapn 1 above. If Developer offers to donate a site or sites for public
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fdcilities, 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 otner permits. Such
determination, when made, snail 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 witn 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 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 t0 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.
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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 wall 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.
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IN WITNESS WHEREOF, this agreement is executed in San Oiego County,
California as of the date first written above.
DEVELOPER-OWNER: CITY OF CARLSBAD, a municipal
corporation of the
State of California
City Manager
BY
ATTEST:
APPROVED AS TO FORM:
APPROVED AS TO FORM:V’NC
RONALD R. BALL
. ONDO JR , l ,
a City Attorney
(Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.)
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State of California
County of San Diego
> ” 1814
> ss.
\)n this 22nd day of April, 1987, before me personally appeared Richard A. McMahan to me known and known to me who being by me duly sworn did depose and say that he resides in San Marcos, Californiathathe is the President of McMahan Realty Co. the corporation described in, and which executed the foregoing instru- ment; that he knows the seal. of the said corporation; that seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation; and that he signed his name to said instrument by like order.
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EXHIBIT "A"
LEGAL DESCRIPTION
Location of Project
LOT 2 CARLSBAD OAKS BUSINESS PARK
I
Legal Description (cmglete) LOT 2 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 t THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 13, 1982.
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