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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 f<{..;,,()[<[;E;, & I-- ‘7 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 . 1014 - 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: -2- 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( .k 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 -3- 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. -4- REV 4-22-86 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. kc 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. -5- REV 4-22-86 . ’ . ;q . . s. -348 . I . ’ I . 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.) -6- REV 4-22-86 - 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 : . . ,., i ‘. - I . . \; p-0 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.