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Home My WebLink AboutSDP 97-05; Kreg Operating Company; 1997-0391745; Public Facilities Fee Agreement/Release. 1 ‘. . RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: ) > City Clerk CITY OF CARLSBAD ;v: .d 1200 Carlsbad Village Drive Carlsbad, California 92008- 1989 I IllIll lllll Ill1 111111 ll~l~jll~l lllll II111 Ill11 Ill II11 Space above this line for Recorder’s use AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE FOR INSIDE THE BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 1 Parcel No. 211-022-19 THIS AGREEMENT is entered into this .“-j[ur\ day ofikl(hA. 1947, by and between (name of developer-owner) Kreg Operating Company a (corporation, partnership, etc.) a Delaware Corporation, h ereinafter referred to as “Developer” whose address is (street, ciq, state, zip code) 4725 Executive Square, #240, La Jolla California 92037 and the CITY 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 . . . . . . Form Approved By City Council July 2, 1991 Resolution No. 91-194/KJH Form 17A Per Jane Mobaldi, Rev. 01/l 1196 . . I. . - h WHEREAS, Developer proposed a development project as follows: a 77.500 square foot corporate headquarters facility on said Property, which development carries the proposed name of Denso Headquarters and is hereafter referred to as “Development”; and WHEREAS, Developer filed on the , 19g, with the [?%h day of &Lb City a request for Site Development Permit 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 Development 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, 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: Form Approved By City Council July 2, 1991 Resolution No. 9 1 - 194iKJH 2 Form 17A Per Jane Mobaldi. Rev. 01/l l/96 1. The Developer shall pay to the City a public facilities fee in an amount not to exceed 1.82% 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 1.82% 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 “othe; 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 $598 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 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 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. Form Approved By City Council July 2, 1991 Resolution No. 9 1 - 194/KJH Form 17A Per Jane Mobaldi, Rev. 01/l l/96 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 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 If 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 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. Form Approved By City Council July 2, 1991 Resolution No. 91-194iKJH 4 Form 17A Per Jane Mobaldi. Rev. 01/l l/96 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. 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 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 Approved By City Council July 2, 1991 Resolution No. 91-194/KJH Form 17A Per Jane Mobaldi, Rev. 01/l l/96 EXHIBIT “A” LEGAL DESCRIPTlON That certain real property located in the City of Carlsbad, County of San Diego, State of California, described (subject to change per Lot Line Adjustment) as follows : Lot 7 of Carlsbad Tract No. 94-09 (Carlsbad Ranch Unit 1 I, in the City of Carlsbad, County of San Diego, State of California, according to Map No. 13357 filed in the Office of the County Recorder of San Diego County, California on September 11, 1996. Form Approved By City Council July 2, 199 1 Resolution No. 91-194IKJH Form 17A Per Jane Mobaldi, Rev. 01/l l/96 h IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: CITY OF CARLSBAD, a municipal corporation Kreg Operating Co. (Name of Developer) By: (signature) Anthony Badeaux (print name) Vice *es ;ident of Krea ODeratina Co. APPROVED AS TO FORM: RONALD R. BALL, City Attorney Charles Abdi (print name) Senior Vice President of Kreg Operating Co. (title) (Notarial acknowledgment of execution of DEVELOPER and OWNER must be attached). (President or vice president m secretary or assistant secretary must sign for corporations. If on/y 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) Form Approved By City Council July 2, 1991 Resolution No. 9 1 - 194/KJH Form 17A Per Jane Mobaldi, Rev. 01/l l/96 h State of California ) ) County of San Diego ) On 7/31/97 before me, Belinda R. Guzman, Notary Public, personally appeared Martin Orenvak. personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or entity upon behalf of which the person acted, executed the instrument. WI’ TNESS my hand and official seal We& Signature of Notary v (This area for official notary seal) Title or Type of Document Agreement Between Developer-Owner and the City of Carlsbad for the Payment of a Public Facilities Fee for Inside the Boundaries of Community Facilities District No. 1. Parcel No. 211-022-I 9 Date of Document 7-31-97 No. of Pages 6 Signer(s) other than named above Anthony Badeaux and Charles Abdi STATE OF CALIFORNIA h COUNTY OF SAN DIEGO On before me, L;a Ch+kw v\ v J 23; lW7 Notary Public, personally appeared /&&y)nv &d~urC Ud. 1 Cl&+5 Abd; , [dersonally known to me - or [ ] 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 acknowledged 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. Form Approved By City Council July 2, 199 1 Resolution No. 9 1 - 194/KJH Form 17A Per Jane Mobaldi, Rev. 01/l l/96 - h KREG OPERATING CO. INCUMBENCY CERTIFICATE I, Christine A. Rush, hereby certify that I am Secretary of ISREG OPERATING CO., a Delaware corporation, and do hereby further certify that the following persons are duly elected officers of the Corporation, hold the offices set forth below their respective names on the date hereof, and are eligible to sign agreements on behalf of the Corporation, and that set forth opposite their name is the genuine signature of such officer: : . Charles Abdi ’ Senior Vice President Anthony Badeaux Vice President IN WITNESS WHEREOF, I have hereunto set my hand and the seal of said Corporation this 16th day of May, 1997. j i /.I- (, ..-.- -,- - ‘, I’ / -_ +--. , i \ &._ : ,‘,\ ‘; C... ‘, .’ ‘.. Christine Rush Secretary KREG OPERATING CO. INCUMBENCY CERTIFICATE I, Christine A. Rush, hereby certify that I am Secretary of KREG OPERATING CO., a Delaware corporation, and do hereby further certify that the following person is a duly elected officer of the Corporation, and holds the, offices set forth below their respective name on the date hereof, and that set forth opposite their name is the genuine signature of such offi : Charles Abdi Senior Vice President IN WITNESS WHEREOF, I have hereunto set my hand and the seal of said Corporation this 5th day of May, 1997. Christine Rush Secretary : . KREG OPERATING CO. I INCUMBENCY CERTIFICATE ~ I, Christine A. Rush, hereby certify that I am Secretary of OPERATING CO., a Delaware corporation, and do hereby further certify following person is a duly elected officer of the Corporation, and holds the set forth below their respective name on the date hereof, and that set forth their name is the genuine signature of such officer: Anthony Badeaux Vice President IN WITNESS WHEREOF, I have hereunto set my hand and the seal of aid Corporation this 29th day of April, 1997. d Secretary , I Richard M. Ortwein Raymond J. Pacini Martin J. Krupoff David Mudgett James Watson John J. Shephard Steve VanAmburgh Sandra Sciutto Lucy Dunn Lynda Lane John Lewis Don Little Jim Mueller John Pope Gerald Yahr Charles Abdi Howard Armistead Murray Newton Jack Hileman Eric Langford Lawrence Brose Edward Mountford Walter Mountford Greg Mickelson Peter Evans Michael Parker Keith Ross Denise Kenneatly Christine Rush James Chiboucas - KXEGOPEFUTINGCO. Positions President and Chief Operating Officer Executive Vice President, Chief Financial Offtcer and Treasurer Executive Vice President, Finance Ermcutiw Vice President, Division President Executive Vice President, Division Pmsidcnt Executive Vice President, Divisiin President Executive Vice President, Division President Senior Vice President and Controller Senior Vice President Senior Vice President, Human Resources Senior Vice President Senior Vice President Senior Vice President Senior Vice President Senior Vice President Senior Vice President Vice President Vice President Vice President Vice President Vice President Vice President Vice President Vice President Vice President Vice President Vice President Assistant Treasurer Secretary Assistanr Secretary Address I I”9 same 11.11,1, ,,.t same *.*v*w “91 same I.,,,.,, 1,1 same w11101 “$9 same “““” 1935 N.Crcek Pkwy, Ste 214, BothelI, WA 11 8411 Preston Rd. Ste 700, Dallas, TX 75225 SC@0 Hoppd Road. Stc 330. Pleasanton, Ml1 Preston Road. Ste 700, Dallas, TX 7S2 ,,*1 ml Center Ave.. Ste 25 Huntington Beach, Cp 1.9 same ,*w* 1658 Cole Blvd.. SIC lS0, Golden Co. 80401 4343 Von Karman Ave., Newport Beach CA ,*w same ,.Wl 1,1. same .ww *.** same 111.. II.* same 11.1. ,*., same .w.. .w* same *VW*