HomeMy WebLinkAboutPIP 95-08; Homes for Industry - Carlsbad LLC; 1995-0598106; Public Facilities Fee Agreement/ReleaseII- # 1~~$-05P8106 29’~iiEC-1995 03~32 m
364 OFFICIAL RECORDS SAlJ DIE60 COl#TY RECORDER’S OFFICE GREGORY Sf;T;; CUU~~~~~ECOR~ER RF: . : 28.00
RECORDING REQUESTED BY AND 1 ItI :
WHEN RECORDED MAIL TO: : 1
‘I: 88
cii Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Drive
Carlsbad, California 92008-l 989
Space above this line for Recorder’s use
Parcel No. 212-092-03
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBUC FACIUTIES FEE
FOR OUTSIDE THE BOUNDARIES OF COMMUNITY FACIUTIES DISTRICT NO. 1
THIS AGREEMENT is entered into this 8th December day of , WL
by and between Homes For Industry-Carlsbad LLC
(name of developer-owner)
aLimited Liability Company hereinafter referred to as “Developer” whose address
(corporation, partnership, etc.)
is 2223 Avenida De La Playa, #200 La Jolla, CA. 92037
(street) (city, state, zip code)
and the CITY OF CARLSBAD, a municipal corporation of the State of Cakmia, hereinafter
referred to as ‘City’, whose address is 1200 Carl&ad Village Drive, Carlsbad, California, 92008-
1989.
WITNESSETH:
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 Cii; and
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WHEREAS, Developer proposed a development project as follows: Lot 39
-4 Light Industrial/Manufacturing Buildings and Lots.
on said Property, which development carries the proposed name of Homes For
Industry Lot 39
and is hereafter referred to as ‘Development’; and
WHEREAS, Developer filed on the 6th day of September ,1e,
with the City a request for Parcel Map and Planned Industrial Permit.
“Request”; and
hereinafter referred to as
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
July 2, 1991, 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 resuiting 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 Deveiopment as it is presently proposed; but the
Developer is aware that the Cii 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:
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1. The Developer shall pay to the Cii a public facilities fee in an amount not to
*exceed 3.5% 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 3.5% 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 Carl&ad 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 Tiiles 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 1 above. If Developer offers 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 by City
prior to the issuance of any building or other permits. Such determination, when made, shall be-
come a part of this agreement. Sites donated under this paragraph shall not include
improvements required pursuant to Tiles 18 or 20 of the Carlsbad Municipal Code.
*Appmnd
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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 Request made by
Developer is not approved.
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 authotized 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 Cii of personal delivery thereof to the Cii 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 certiied.
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 many have been designated, postage prepaid and certified.
~~~~July21981
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8. This agreement shall be binding upon and shall inure to the benefit of, and shall
sapply to, the respective successors and assigns of Developer and City, and references to
Developer or City herein shall be deemed to be a 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 to Developer’s interest in the prope?y shall
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.
369
IN WlTNESS WHEhEOF, this agreement is executed in San Diego County, California as
of the date first written above.
DEVELOPER-OWNER:
Homes For fndustry-Carlsbad LLC
CITY OF CARLSBAD, a municipal
corporation of the
State of California
BY
Anthony Hai BY (print name)
Manaser of Homes For Industry-Carlsbad LLC
(t Me)
for City Manager
BY (signature)
(print name)
(title)
ATTEST:
EQi%iii$ City Clerk
(Proper notarial acknowledgement of execution of DEVELOPER-OWNER must be attached.)
(President or vicsprestient and secretary or assistant secretary must sign for corporations. If
only one officer signs, the corporation must attach a resolution certified by the secretary or
assistant secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
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EXHIBIT ‘A
LEGAL DESCRIPTION
370
Lot 39 of Carlsbad Tract No. 81-46 unit No. 2, in the
City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 11288, filed in the Office of the County Recorder of San Diego County, July 16, 1985.
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‘. CALIFORNIA AU-PURPOSE ACKNOWLEDGMENT
. ’ * ‘STATE OF CAUFORNIA
COUNTY OF SAN DIEGO
On /A - b- 9 s before me, w 2 I IJ y Notary Public, personally
appeared LLL
] proved to me on the basis of s&
, u personally known to me - or [
sfactory evidence to be the person(s) whose narneQ4sb
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/mir authorized capacity(&), and that by his/he#their signature(s) on the instrument
the person(s), or the entity upon behatf of which the person&$ acted, executed the instrument.
WITNESS my hand and official seal.
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