HomeMy WebLinkAbout80-54; THE KOLL COMPANY; 83-341524; Public Facilities Fee Agreement/ReleaseRecording Requested By
THE^ffi-Y^OF CARLSBAD
1200 Elm Avenue
Carlsbad, CA 92008
989
RELEASE OF AGREEMENT
83-3*1524
I RECORDED IN
OFFICIAL RECORDSJOFSANDKGOCOUHIY.IA.
1983 SEP 23 PH 2- 37
VFRA L. !,!-£•„ ICOUNTY'RCCGRi);:^ j
NO FEE
TO PAY PUBLIC FACILITIES FEES
PLEASE TAKE NOTICE'that the Agreement For Payment Of Public
Facilities Fees between The City of Carlsbad and
THE KOLL COMPANY'
required by an Application for ' CARLSBAD PACIFIC BUSINESS PARK
and recorded on
July 23, 1980 , as Document No. 80-230925
is hereby released as to assessors parcel number 212-061-04,12,
13,14,15,16,17 & 18, for the following reason:
Ijjj Fees Paid and Obligation Satisfied as to said parcels only.
/~7 Application Withdrawn
I~~T Other .
DATED: 8-29-83
ALEJHA L. RAUTEISKRANZ
Clerk
KAREN R. K'UNDTZ, Deputy
APPROVED AS TO FORM:
By_T^felm'f/f
CITY OF CARLSBAD
FRANK D. ALESHIRE,
City Manager
GENERAL ACKNOWLEDGMENT NO. 201
stateof California
County of San Diego
OFFICIAL SEAL
RANDEE EISNER
NOTARY PUBLIC - CALIFORNIA
SftN DIEGO COUNTY
My comm. expires FB 20, 1987
SS.
On this the_29_day of August o 3.19 , before me,
Randee Eisner
the undersigned Notary Public, personally appeared
Frank Aleshire
8 personally known to me
D proved to me on the basis of satisfactory evidence
to be the person(§£ whose name(8) is subscribed to the
withiiynstrument, and acknowledged that he executed it.
WITNESS my hand andfoUfcial seal.
X-X
otary's Signature
7110 122 NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • P.O. Box 4625 • Woodland Hills, CA 91364
,
rlsbad, CA 92008 . * JtfCORoVn REQU^ 0F- - AGREEMENT BETWEEN DEVELOPER-"1** J ncuu.,. vr
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
OFFICIAL RECORDS/ 7 day SA
19 JTO j by and between The Koll Company
' ./THIS AGREEMENT is entered into this / 7T* day VtRA L. LY IE
(name of developer-owner)
a Cal ifornia ,hereinafter referred to as
(Corporation, partnership, etc.)
"Developer", whose address is 7330 Engineer Road. San Diego, CA q?111 ./
(street)
*
" ' , and THE CITY OF
(City, state, zip code)
CARLSBAD, a municipal corporation of the State of California,
hereinafter referred to as "City", whose address is 1200 Elm
Avenue, Carlsbad, California, 92008.
• W I T N E S S E T H:
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 proposes a development project as follows:.
558.6 Acre Planned Business Park t
'••- • - 487
on said Property, which development carries the proposed name
Of Carlsbad Pacific Business Park '
and is hereafter referred to as "Development"; and
WHEREAS, Developer filed on the day of •
19 , with the City a request for a11 approvals necessary to develop
the proposed business park
(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
v 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 August 29, 1979, 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 tyf 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:
.t
1. The Developer shall pay to the City a public facilities
fee in an amount not to exceed 2% of the building permit valuation
of the buildings 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 develop-
ment and shall be based on the valuation at that time. This fee
shall be in addition to any fees, dedications or improvements
re.quired pursuant to Titles 18, 20 or 21 of the Carlsbad Municipal
Code. A credit toward such fee shall be given for land which has
been dedicated for park purposes or for any fees paid in lieu
•
thereof pursuant to Chapter 20.44 of the Carlsbad Municipal Code.
Developer shall pay a fee for conversion of existing buildings or
structures into condominiums in an amount not to exceed 2% 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 fpr
the construction of underground or street improvements unless no
other permit is necessary prior to the use or occupancy for which
* , *
3.
'..'•"'. f \ ^ . .- v
; •;••-'• •"- -489 -'
the development is intended. Developer shall pay to 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. A credit toward such fee shall be given
for land which has been dedicated for park purposes or for any fees
paid in lieu thereof pursuant to Chapter 20.44 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 agree-
ment. 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. 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
4.
490 7
*•
be void. No building or other construction permit or entitlement
foruse 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 Requests made by Developer are 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 by 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
•
5.
i
1 . r - --> »• . - - -491':-• • .
Mail, enclosed in a sealed envelope, addressed to Developer at the
address as may have 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 the City, and references to Developer
or City herein shall be deemed to be 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 of 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 on the Property. When the obligations
of this agreement have been satisfied, City shall record a release.
492
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 of the State of California
The Koll CoimJanvl
By
City Manager
(Title)
By
(Title)
••*;•,*«»*»'*';,-.,
'
v%a^'-'-;) ^?.; /) - SI "
''.^;;A|!^^A^^L^RAUTENKRANzVciCity Clerk)
'
APP
VINCENT F7BION
City Attorney
TO 1945 CA (8-74)
(Not«
be al
(Corporation)
STATE OF CALIFORNIA
COUNTY OF San Diego
493
ss.
TITLE INSURANCE
ANDTRUST
ATKOR COMPANY
1
UlX
HI
June 25, 1980 ^before me, the undersigned, a Notary Public in and for said
State, personally appeared ELJL, F I pp
known to me to be the
known to me to be
President/qMSouthern Division
cretary
of the corporation that executed the within Instrument,
known to me to be the persons who executed the within
Instrument on behalf of the corporation therein named, and
acknowledged to me that such corporation executed the
within instrument pursuant to its by-laws or a resolution of
its board of directors.
WITNESS/thy hand and official seal.
Signature^
C*ndMX C. Cans
OFFICIAL tCAL
CANDACE C. CAIRNS
NOTARY PUBUC - CAUF
PRINCIPAL OFFICE IN
SAN ;j.: ^o COUNTY
Mt COMMISSION EXPIRES OCT 18, 1981.
(This area for official notarial seal)
Lsa
LEGAL DESCRIPTION
Those portions of lots "F" and "G" of Rancho Agua Hedionda, part in the
City of Carlsbad and part in the unincorporated area of the County of San
Diego, State of California, according to the partition map thereof No. 823,
•Hied in the office of the county recorder of such county, .November 16, 1896,
described as follov/s:
Commencing at point 1 of said lot "F" as shown on said map; thence along
the boundary line of said lot "F" south 25°33'56" east, 229.00 feet to point
23 of said lot "F" and south 54°40'19" east, 1347.00 feet; thence leaving said
boundary line south 35°19'44" west, 41.28 feet to the true point of beginning,
which point is the true point of beginning, of the land described in deed to
Japatul Corporation recorded December 8, 1975, at recorder's file/page No.
345107 of official records to said county; thence along the boundary line of
said land south 35°19'44" west, 2216.46 feet and north 53°02'49" west 1214.69
feet to the northeast corner of the land described in deed to Japatul Corpora-
tion recorded December 8, 1975, at recorder's file/page No. 345103 of said
official records; thence along the boundary lines of said land as follows:
West, 1550 feet, more or less, to the boundary of said lot "F"; south 00°12'
00" west, 550 feet, more or less, to point 5 of said lot "F"; south 10°25I10"
east along a straight line between said point 5 and point 14 of said lot "F",
to point 14 of said lot "F": thence along the boundary of said lot "F" south
52°15'45" east (record south 51°00'00" east) 1860.74 feet more of less to the
most westerly corner of the land conveyed to James L. Hieatt, et ux, by deed
recorded June 11, 1913, in Book 617 page 54 of deed, records of said county;
thence along the northwesterly and northeasterly boundary of Hieatt's land as
follows: North 25°00'00" east, 594.00 feet and south 52°15' 45" east (record
south 51°OC'00" east per deed) 1348.61 feet to a point of intersection with
the northerly line of Palomar County Airport, said point being on the boundary
of the land conveyed to Japatul Corporation by deed recorded December 8, 1975,
at recorder's file/page No. 345107 of said official records; thence along said
boundary as follows: North 79°10'00" east, 4052.22 feet north 10°50'00" west,
"00.00 feet; north 79°10'00" east 262.00 feet, south 10°50'00" east, 500.00
feet; north 79°10'00" east, 1005 feet, more or less, to the westerly line of
the land conveyed to the County of San Diego by deed recorded May 28, 1970, at
recorder's file/page No. 93075 of said official records; thence continuing
along the boundary of last said Japatul Corporation's land north 38°42'44"
west, 2510.58 feet to the beginning of a tangent 1845.00 foot radius curve
concave northeasterly; along the arc of said curve through a central angle of
14°25'52" a distance of 464.70 feet to a point of the southerly boundary of
the land allotted to Thalia Kelly Considine, et al, by partial final judgment
in partition, recorded January 18, 1963, at recorder's file/page No. 11643 of
saici official records; thence continuing along last said Japatul Corporation's
EXHIBIT A
Q</
land south 67°50'28" west, 1392.80 feet north 33°08'52" west, 915.12 feet and
north 00°30'53" west, 1290.37 feet to the southerly line of said land conveyed
to the County of San Diego, being also the northerly line of last said Japatul
Corporation's land; thence along said common line north 74°57'25" west, 427.67
feet to the beginning of a tangent 2045.00 foot radius curve concave norther-
ly; and westerly along the arc of said curve through a central angle of
16°59'24"5 a oistance of 606.41 feet to the true point of beginning.
A
496
CERTIFICATE OF SECRETARY
The undersigned, being the duly elected and acting
Secretary of The Koll Company, a California corporation, hereby
certifies that B. E. Fipp is the
elected and acting Vice President _ of Tne Koll Companyf
and that the following is a true and correct copy of a certain
resolution duly adopted by the Board of Directors of said
corporation as per Action By Written Consent dated August 17,
1977:
"RESOLVED, that the following officers
Chief Executive Officer
Any Senior Vice President
Any Vice President
Secretary
Any Assistant Secretary
Chief Financial Officer
(1) are hereby jointly and/or severally authorized to
execute any written instrument on behalf of the corporation
including, but not limited to, the following:
(a) any instruments, agreements and documents
relating to the purchase, sale, exchange, conveyance
or leasing of real or personal property;
(b) any instruments, agreements and documents
relating to any loan transactions;
(c) any instruments, agreements and documents
relating to the formation of any partnerships or
subsidiary corporations;
(d) construction contracts, subcontracts and
agreements ;
497
(e) insurance contracts;
(f) assignments and releases of mortgages
and other liens, claims or demands;
(g) agreements to open bank accounts;
including any assignments, amendments or modifications
relating to any such instruments, documents, and agree-
ments ; and
(2) are hereby authorized to cause the corporate seal
to be affixed to any instruments, agreements and
documents where required".
IN WITNESS WHEREOF, I have hereunto set my hand and
the official seal of this corporation this 3rd day of June
1980
DIANNE
Secretary