HomeMy WebLinkAboutSDP 86-04; Radnor/Carlsbad Partnership; 86-439761; Public Facilities Fee Agreement/Release* * . I 1 86 439761 - : ‘ R.ECOROING REQUESTED BY AND ) 1015 - ” __.-.. -. -0 > WHSN RECORDED MAIL TO: > i
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1 cli'i :C:It,: iC:ei;[];i[>S OF SAti DiEGD CC~)N 1 y,r;,t,, i CITY OF CARLSBAD 1 1200 Elm Avenue
Carlsbad, California 92008 1
1986 OCT -I pw I: 3(-J
Documentary transfer tax: AR p .
MG I 4
Signature of declarant determining
tax-firm name
City of Carlsbad
L Parce No. Jr a-oka-oq
AGREEMENT BETWEEN EVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into tnis 19 day of August , 19 86
,it .by and between. Radnor/Carl sbad Partnership
(name of developer-owner)
a California General Partnershio , hereinafter referred to as
(Corporation, partnership, etc.)
"Developer" WhOSe address is 5703 Oberlin Drive, Suite 208, San Diego, CA
(street)
92121
(City, state, tip code)
and THE CITY OF
CARLSBAD, a municipal corporation of the State of California, hereinafter
referred to as IcCity", whose address is 1200 Elm Avenue, Carlsbad,
92008.
WITNESSETk
WHEREAS, Developer is tne owner of the real property described
Exhibit 18A'l:, 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:
Three story speculative lease office buildina -P~V fiP_nnn zn ft.
REV 4-22-86
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on said Property, whicti development carries the proposed name of
Carlsbad Airport Plaza
and is hereafter referred to as 'Development"; and
WHEREAS, Developer filed on the 22 day of Apyi 1 9
19 86 , with the City a request for site development plan
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 'k
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 tnat the City's public facilities and services are at
capacity and will not be available to accomodate the additional need for public
facilities and services resulting from tne proposed Development; and
WHEREAS, Developer has asked the City to find that public facilities
and services will be available to meet tne future needs of the Development as
it is presently poposed; but the Developer is aware tnat 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 tne covenants
contained herein, tne parties agree as follows:
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REV 4-22-86
1. Tne Developer shall pay to the City a public facilities fee in an
amount not to exceed 2.5% of tne building permit valuation of the building or
structures to be constructed in the Development pursuant to the Request. The
fee snall be paid prior to the issuance of building or otner construction
permits for tne 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 tne 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. Tne fee for a condominium conversion shall be paid prior to the
issuance of a condominium conversion permit as provided in Chapter 21.47 of tne
Carlsbad Municipal Code. Condominium Shall include community apartment or stocl(
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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 tne 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 mobilenome space to be constructed pursuant to tne
Request. Tne fee shall be paid prior to the issuance of building or otner
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 above. If Developer offers to donate a site or sites for public
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REV 4-22-86
facilities, the City shall consider, but is not obligated to accept the offer.
The time for donation and mount of credit against the fee shall be determined
by City prior to the issuance of any building or otner permits. Sucn
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 tne fee paid pursuant hereto are required to
ensure,the consistency of the Development with tne City's General Plan. If the
fee is not paid as provided herein, the City will not nave 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 tne public facilities fee required by-this agreement is paid.
4. City agrees to deposit tne 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 witn any requirements of other public agencies as evidence
of adequate public facilities and services sufficient to xcommodate the needs
of tne Development herein described.
6. All obligations hereunder Shall terminate in the event the Requests .
made by Oeveloper are not approved.
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7. Any notice from one party to the other snall be in writing, and
snall be dated and -signed by the party giving such notice or by a duly
authorized representative of sucti 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 tne United States Mail, addressed to the City
at the address set fortn nerein, enclosed in a sealed envelope, addressed to tne
City for attention of tne 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.
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8. Tnis agreement snall be binding upon and Shall ensure to the
benefit of, and snall apply to, the respective successors and assigns of
Developer and tne City, and references to Developer or City herein shall be
deemed to be reference to and include their respective successors and assigns
witnout specific mention of such successors and assigns. If Developer should
cease to nave any interest in the Property, all obligations of Developer
hereunder shall terminate; provided, however, that any successor of Developer's
interest in the property shall have first assumed in writing the Developer's
obligations hereunder.
9. This agreement snall be recorded but shall not create a lien or
security interest in the Property. When the obligations of this agreement have
been satisfied, City snall record a release.
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IN WITNESS WHEREOF, this agreement is executed in San Diego County,
California as of the date first written above.
DEVELOPER-OWNER:
Radnor/Carlsbad Partnership
a California General Partnership
(name)
l?i--cQq3 L-cl-----------
Fwf 8". cocL*=-J 5
General Partner
(Title)
BY
CITY OF CARLSBAD, a municipal
corporation of the
State of California
City Manager
ATTEST:
APPROVED AS TO F
I VINCENT I- BIONDO
City Attoiney '
JR -9
. (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.)
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REV 4-22-86
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STATE OF (M
COUNTY OF> Dlc7-3 .
On this \?" day of w@Q in the year M5L
-.~ personally appeared. I / Personally known&o me (or proved to me on the basis of satisfac-
tory evidence) to be the person that executed this instrument, on
behalf of the .partnership and.acknowledged to me that the partner-
ship executed it.
L
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EXHIBIT "A"
LEGAL DESCRIPTION
That portion of Lots F and G according to the Partition Map of Ranch0 Aqua
Hedionda, in the City of Carlsbad, County of San Diego, State of California,
according to map thereof No. 823, filed in the Office of the County Recorder of
San Diego County, November 16, 1896.