HomeMy WebLinkAboutPUD 67A; Isis Pharmaceuticals Inc; 1993-0455589; Public Facilities Fee Agreement/ReleaseL
RECORDING REQUESTED BY AND . . . . ‘WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Drive
Cartsbad, California 92008-l 989
I8 0 ca
Space above this line for Recorder’s use
p/2-- OLI- 31,3zl,93,+ 38
Parcel No. b$ pw I t-h. \4Yb(
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CRY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FAClLlTlES FEE
FOR OUTSIDE THE BOUNDARIES OF COMMUNllY FAClLlTlES DISTRICT NO. 1
THIS AGREEMENT is entered into this &m day of mf3, , 19%;
by and between
(name of developer-owner)
a CORP&r9Tror3
(corporation, partnership, etc.) ’
hereinafter referred to as “Developer” whose address
is 2242 F~enDfc-/ A~t-h)of c 5 , cnLtT&ti\A qzoo%
(street) (city, state~z~cZ$ ’
and the CllY OF CARLSBAD, a municipal corporation of the State of California, hereinafter
referred to as “City”, whose address is 1200 Carlsbad 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 City; and
WHEREAS, Developer proposed a development project as follows: A \ ,000 , ZQOO,
f%tiA 6:34b 5Quti FOOT rnchwca uM?o &~ccDsoE FCR ‘-0% 5. b k-d0 7 %i’6= d6L~.
on said Property, which development carries the proposed name of
Form Approved
By City Counoil July 2,199l
Reso + 91.194WH 1 . POD-6 74
and.is hereafter referred to as “Developmenr; and 3 . . ‘
WHEREAS, Developer filed on the Z,,TIA day of rc\cy , 1 g%,
with the City a request for LO”T t-~tic &OJ,XA~~LT / P U 13, c
tazalvw~s
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
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 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 DevelOpm8nt 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, DeV8lOp8r proposes to
help satisfy the General Plan as implem8nted 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:
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 constnrcted 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
8y City Council July 51991 Rmo # 91-194/KJH 2
. . 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 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 1 abOV8. lf 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 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. tf the fee is not paid as provided
herein, the City will not have the funds to provide public facilities and services,. and the
deVelOpm8nt 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 us8 shall
Form Approved
By City Council July 21991
kao #91-194/KJH
’ ’ b8 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 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 lf 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 tf 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 th8 address as many haV8 been designated, postage prepaid and certified.
8. This agreement shall be binding upon and shall inure to the benefit of, and shall
apply 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. lf D8V8lOper
should cease to have any interest in the Property, all obligations of Developer hereunder shall
Form Approved & City Council July 2,199l
&so # 9%1WKJH 4
22 _
’ * terminate; provided, however, that any successor to Developer’s interest in the property 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.
Form Apprwod
By Cii Council July 21991
Rem # 91.194KlH 5
23
EXHIBIT “A”
LEGAL DESCRIPTION
Lots 5,6 and 7 of Map No. 11230 and Parcel D of Parcel Map No. 14461
Form Approved
By City Council July 2,1991
Reso # 91-194/KJH
.- 24 rq
IN WlTNESS WHEREOF, this agreement is executed in San Diego County, California as
of the date first written above.
DEVELOPER-OWNER: ClTY OF CARLSBAD, a municipal
corporation of the
State of California
(print name)
(title)
A-ITEST:
ALETHA L RAUTEN
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
BY
deputy city Atbm8y
(Notarial acknowledgement of execution of DEVELOPER-OWNER must be attached.)
Fom Apprwed
6y City Coundl July 51991
fbo # 9%194/UJH 6
t- . ,
T’ . * 25
State of
T county of- a7 Be46 / i /
On before me. l%xL7 fi /+?lZ&.eA&&
mrsonally aopeared 2 i,,,o~-~~~~~~-~ . WfSb oc sliwcnfs)
~personallykno~nrome-OR-~~~o~~t~m.onm8~und~~
to k the person(s) whoso name(s) is/am subscribd to the wiU7ift ittstrumant and m
knowMg8d 10. me that hushuthoy l xoamd
th8 same in hir/hwthoir authoritmd
capacity( ies). and that by hWher/their
signature(s) oh me instnmmt me P.-w. orttwmtyu~n~otwhid\~~(s)
acted executed me immment .
~QA~CUIYED BY SIGNER ;
0 INOMOUAUS) /
0 CWPWATE
o-Km(S) “WI 9
0 PmmER(S)
0 ATTORNEY-IN-FACT
0 nrustE(sl
0 su8scm8l?u3 WITNESS
0 GUARMANC~SEWA~W
0 OTHER:
SGNER Is wFIEsmw: : ryy 0 rtamm on tnnmfm
. , * ,
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THIS CERTIFICATE rlorTyp8oiooarm8rlt ,
MUST 8E ArrACHED Oa’doocum8m :
TO THE DOCUMENT Numb8rofF8g8s :
DESCAIBED AT RIGHT: Siis)OthuThurNamed~ ;:
DOE il 1993-0455589 16-JUL-1993 02=12 Pm
OFFICIAL RECORDS SAN DIEGO CWNTY RECORDER’S OFFICE ANNETTE Efi;i COUN;;EIECORDER RF: : 15: 00 26.00
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