HomeMy WebLinkAboutPIP 94-03; Hamann Investment; 1994-0561569; Public Facilities Fee Agreement/ReleaseI
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R‘ECORDING REQUESTED BY AND lJljc St 1994-0561569
WHEN RECORDED MAIL TO: 11158 21-SEP-1994 10~32 AM
city Clerk
CITY OF CARLSBAD
1200 Carlsbad Vliiage Drive
Carl8baCl, Californla %?008-1980
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DFFICIFlL RECORDS MN DIEGO COUNTY RECORDER’S OFFICE
) GREI;ORY SR’ITH, COUNTY RECORDER RF: 12.00 FEES: 1 ’ AF: 15.00 * IiF: 1.00
Space above thi8 line for fb2order'5 use
Parcsi No. 7,/Z - 092 -10
AGREEMENT EKTWEEN DEVELOPER-OWNER
AND THE CITY OF CA!XSBAD FOR THE
PAYMENT OF A PUBLIC FACiLiTIES FEE
FOR INSIDE THE BOUNDARIES OF COMMUNiTY FACILITIES DISTRICT NO. 1 ’
THIS AGREEMENT Is entered Into this 6th day of Sep ! e m b e r I 1924
by and between Hamann Investment
(name of developer-owner)
8a CA General Partnership
(corporation, pattnerahip, utc.) .’
hereinafter referred to a8 “Developer” whosr addre~o
is 475 W. Bradley Avenue, El Cajon, CA 92020
(8treGt) (city, state;zlp code)
and the CiTY OF CARLSBAD, 8 municipal corporetlon of the State of California, hereinafter
referred to as “City”, Who80 addresi I8 1200 Ccsrlobad VIli@gs Rrive, Carrlsbsd, C.&fornia, 92608 ._. I -.-.. -.,. . ..-I..* _. .._w .._...u-.- -- .,.1, +.*...- *. 2. _ _ _ I 1980.
WiTNE8SETH:
WHEREAS, Developer Is the owner of the real proporty described on Exhibit “A”, sttached
h’ereto and made B pqrt of this agreement, hereinafter referred to as *Property”; and
WHEREAS, the Property Iles within the boundaries of City; and
WHEREAS, Developer proposed a developmlant project a8 follows;
industrial building
on said Property;whlch development car&e the proposed name of
Aalto Scientific
Form ~pprovrd ’ .
8y City Council July P. 1901
Row Y ml-lB4/KJH 1
29.00
dEkjT BY: C I TY IX CGELSBGD : 8-115-94 9: 2’3Gl.j ; 6194330894+ 6194422699; # 4
and Is hereafter referred to a8 “Development”; and m9
WHEREAS, Developer flied on the AtL day of S-B, lQ%-,
with the City a roqubat for plan industrial permit
“Request”: and’
herblnaftor ref@rnd to &e
WHEREAS, the Public Facllltles Element of the City Genwal Plan requires that thr City
Council flnd that all public facllltles noc88sary to ~rve P dttvolopmont wlil be available uwwurnnt
wlth need or such development ahall not be approved (Bald element I8 on file with the City Clerk
snd I8 incorporated by this rrferencca); and
WHEREAS, Developer and City rwognlzs the ~~rrectnesar of Council Policy No, 17, drtad
July 2, 1991, on Rle wlth the City Clerk and Incorporated by this reference, and that. the Clty’r
public facilitlrr and rorvicaa &r@ at capacity and will not be avallabk to accommodate thcl
addltlonaJ n8od for public fadlltlrr and awkws~ rasuttlng from the propooed Development; and
WHEREAS, Developer has asked the City to flnd that public facMlos and services will be
available to meet the future needs of the Oevmlopmrnt as It la preaerrtfy prapoaod; but the
Developer Is aware that the City Oannot 6nd.will not be able to make any such fifldlng wiulout
financial asdstanca to pay for such s~tvtces and kcliltlea; and the&or@,’ DMloper prop0868 to
help satloty the General Plan aa lmplrmontod by Council PcAlcy No. 17 by payment of a public
facilities fem. *
NOW, THEREFORE, In oon8ideration of the rrcftalr, and the c~venantn contaIned her&,
the partlrs agree QO follows:
1. The Developer shall pay’ to ths City a public facllltios foe In an amount not to
excO8d 1.8296 of the bulldlng permit valuation of the bulidlng 6r 8tn,~c!~1hs to be constructed In
the Dovelopmont pursuant to the Request. The fet, shall be paid prior to the i8wrnce d bulldlng
or other ccxt8tfudlon permR8 for the devetclpment and shall be bezwd on thr valuation at that
tktle. This fee ma11 be Ln addklcm IU r~ry ~UUO, J4lcatl~na or Improvom+ntm roquirmd pursuant
fwm ApPtwd ~ctrvkwnouJuly21wI
,, SENT’BY:CITY OF CQRLSBQD : ; 8-16-94 9:24FIM ; - 6194422699; # 5
’ 1260
to Titles 18, 20 or 2i of the Csrlsbad Municipal Code, Osveloprr 8hall pay a feel for conversion
of sxlstlng building or structures into condomlnlums In an amount not to exceed i&2% of the
bullc$lg permit valuation at the time of conversion. The fee for a condominium conver@Jon ohall
be paid prior to the issuance of a condominium conversion permit 18 provided In Chapter 21,4f
of the Carlsbad Munlclpal Code, Condominium Shalt Include community apartment or stock
cooperative. The terms “other csnstructlon permite”, ‘other oanstructlon permit” and “entitlement
for use* as used in this agreement, eltcrpt in reference to mobtlehome sites or projects, shall not
refer to gradtng permits or other permits for the construction of underground or StrOet
improvements unless no other permit la nacessory prior to the uee w occupancy for which the
devslopment Is intended, Developor shall pay th@ City II pubtlc ff~llltle8 f84 in the sum Of W
for each mobilehome space to be conatructod pursuant to the Requsat. The fee shall be paid
prlar to the Issuance of building ar other construction permita for the development. This fee shdl
be in rddltlon to any fe88, dedleations or improvements required aCC0rdlng to jif)eS 18, m Or
21 of the Carlsbad Munlclpel Cods,
2. The Developer may oiler to donate Q stte or sites for public faciliior In lieu of all
or psrt of the flnanciel obllgation agreed upon in Paragraph 1 above If Developer offer6 to
dmM a site or sites for public faoilltiati, the City Sh?!ll consldor, but I8 not bbllgatod to wcept
the Offec The time for donation and amount of credtt ageinst the ferr rhrrll be determIned by city
prior to the issuance of my building or other permtt8. Such determination, whan made, shrll
become a part ol thi8 agreement, Stte8 donated under thla paragraph Bhslt not Include
lmprovement8 rrqulred punuant to Tltles ‘I8 or 20 of the Carlrbad hWIctpal code.
3. Thlr agreomont and thm foe paid pursuurt hereto are required to enbun the
consl8tency of thm Development with the City’s General Plan, If the far Is not paid @s provided
hereIn, the City will not have the funds to provide publlo faclllties and sw’vlces, Md the
development will not be consistent with the General Plan and any approval of Permit for th@
&’ JLIYI lJr.L.1 I T ur LHKL>i+&l : tr-16-94 9: 25FIM : 6194380594+ r4L 61!%422699;# 6
1161.
Pevelopment shall be void. No building or other conotructlcn permit or sntftiement for UBB rhall
I be lsswd until the public kcilltIe8 foe re,quired by this agreement la paid,
. 4, City agr8ees to deparlt the fees prrld pursuant to this agreement In a public facllkie8
fund for the financing of public faclllties when the City Council det8tminss thr need existi lo
provide the facilities and sufficient fund6 from the payment of this and similar public kcilitloe fees
are avullablo.
Clty agrees to provide upan request reaaonabie assur~c~a to enable Daveloper
to comply with any fequirrsmenta of athor public ctgencie8 a8 svldence of adequate pubi!c
fadlitie8 end SWV~CWJS sufficient to accammodate the needs of the Development herrln described,
8, AH obiigatians h8fmund8r shall totmin~te In the event the Roque8t mrde by
Developer ir not rppraved.
7, Any noticm from one party to the other Shall be In writing, and ahrll be dated and
signed by thr party giving sueh natlce or by II duly author&l repr#wWlve of such party. Any
such notke shaii not be effectke for any pur~or@ what$CW@r unless rwved In one of the
tollowlng mannerb;
7.1 lf notice Is given to the City of Personal deilvety theieof to the City of by
depo8iting ziame in th8 United states Mail, addtO88ed to the city at the addrers Set forth hWein,
encioeed in a sealed envelope, addrarsed to the City for Wention of the city NW?@Ir, pa8tWJe
prepaid and csrtlfled.
7.2 If notb k glean to Devrloper by personal delhrery there6f to Developer or
by depositing the tame in the t.kIited St&tea M8t1, errclosed in a #+abd MW&$Ht, addtWWd tcl
t)~voloper at the sddr~3 u meny have boon drslgnated, Po&aga pfepald and certi!l~d.
8. This agreement ehail br binding upon and #hail inure to the benMt of, and shall
aP@y ta, the r~~pWt/Wi sucoeeeor~ and tMiQn8 of Oeveloper urd City, and referrrncesl to
Deveioper or City henln shall bo deemed to be a relekncs to ‘and lnciude their respectfve
‘. SEPT BY: CI TV OF CGRLSBkI) ; '8-16-94 9:25FIM ; 6194380894+ - 6194422699; # 7
- 1162
aucce880r8 and essign$ without apeeific mertticn of such 8ucce88ors and eMignr. Ii Developer
should cea$a to have any lnteroet in the Property, all bbllgatlons of Developer hereunder shpll
terminate; provided, however, that any 8ucce88cr to bmvelopmr’s Intereat In the property shall
have first a88umed In wrHhg tho Developer’8 obligations henunder.
8. This agreement ahall be recorded but shall not create a ll4n or security lrItere#t in
the Property, When the obllgatlont of this agreement have been satMi~d, City shall reccrrd a
release.
Form Appcowd B!&~~llw&l~ 2 1-1
JLI-4 I
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~QT.L1IT uf- LHRL3PHU i ti-LO-Y4 Y: Cbwl ; blY43808343 6194422699; # 8
. I - . 1163
IN WITNESS WHEREOF, this agreement Is executed In San Dlego County, Callfornle as
of the date first wrltten abovr.
DEVELOPER-OWNER:
HAMANN INVESTMENT
____
.4
, / Jeffrey C. Hamann
GE?"WIkfYV!f~*~er
CITY OF CARLSBAD, a munlclpd
~rporatlun of the
State of Cellfornla
for City Manager
(title)
(signature)
(print name)
(title)
ATTEST:
(Proper notarial acknowledgement of execution of DEVELOPER-OWNER murt be attached.)
(President or viceqxesidant and secretsry or asslstant wx!retclty must aign for corporations. If
only one officer signs, the corporation must attach a resolution certified by the %~cr@tary or
assistant secretary under corporate seal empowerlng that ofilcer to bind the carporation,)
APPROVED AS TO FORM:
RONALD R. BALL, City Attrrrney
Form APP?QVQ~
@y City Coufitll July 2,1891
Reeo t 91-194/uJn
_._... -e-w.** VI Ld-l, \.LaYHlJ ; k+16-94 9:26FIM ; 6194388894+ . .‘ a . a‘ -
LEGAL :
LOT 46 Of CARLSBAD TR/CCW? No.81-46 UNIT No. 2
6194422699; # 9
1164
IN THE CITY OF CARLSBAD. CA L-
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*tiA;;FbitNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907
. I State of Lb!/ h-J/q
Countyof Sah3k40
On !f.h/?9
DATE
personally appeared ,
q personally known to me - OR - 0 proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and, official seal.
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
0 INDIVIDUAL q CORPORATE OFFICER
TITLE(S)
@ PARTNER(S) q LIMITED - \Ig GENERAL
c] ATTORNEY-IN-FACT
0 TRUSTEE(S)
0 GUARDIAN/CONSERVATOR
0 OTHER:
DESCRIPTION OF ATI’ACHED DOCUMENT
Agredment~~laeehTPG~PCr.O~~ra*d
ti4 cd 0-f cQ&bd?,d i%uhe%..bW&dd~
7bbk Gal il;ties F”eeFij&side Ik Brn&rie~d f
?b+ci~,3ies DjstLr’c t Ai&. /
TfrLE OR TYPE OF DOCUMENT
7
NUMBER OF PAGES
q/b/94
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
SIGNER(S) OTHER THAN NAMED ABOVE
Q1993 NATIONAL NOTARY ASSOCIATION l 8236 Remmet Ave., P.O. Box 7164 l Canoga Park, CA 91309-7164