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HomeMy WebLinkAboutCT 81-10A; CARLSBAD RESEARCH CENTER; 1991-0386989; Public Facilities Fee Agreement/ReleaseRecording Requested By v*» and Return To: CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, CA 92008 TO PAY PUBLIC FACILITIES PLEASE TAKE NOTICE that the Agreement for Payment Of Public Facilities Fees 'between the City of Carlsbad and Carlsbad Research Center (85-51) 1583 RELEASE OF AGREEMENT SAN DIEGO COUNTY RECORDER'S OFFICE ANNETTE EVANS, COUNTY RECORDER RF: 4.00 FEES'- 7.1 AF: 2.00 1.00 required by an Application for CT-8I-IO (A) 07/10/85 released for the following reason: D Fees Paid and Obligation Satisfied D Application Withdrawn 29 Other Changed to CT-85-24 and recorded on _, as Document No. 85-246091 is hereby DATED: 7/17/Qi ATTEST: CITY OF MARTIFT ORENYAIC Community Developmef irector ALETHA L. RAUTENKRANZ City Clerk APPROVED AS TO FORM: VINCENT F. BIONDO, JR. City Attorney By BY. \ J. HI RAT A DEPUTY CITY ATTORN EY REVISED 9/90 FRM00021 STATE OF CALIFORNIA ) ) ss . COUNTY OF SAN DIEGO )1584 On , before me the undersigned, a for said State, personnally appeared Aletha L.Notary Public^Oi Rautenkranz , known to me to be the City Clerk of the City of Carlsbad,a~Municipal Corporation of the State of California, 'known to me to be the person who executed the within instrument on behalf <^f said Municipal Corporation, and acknowledged to me that such City of Carlsbad, California, executed the same. WITNESS my hand the the official seal. OFFICIAL SEAL KAREN R. KUNOTZ NOTARY PUBLIC-CALIFORNIA PRINCIPAL OFFICE IN SAN OIEQO COUNTY My. Comm. Expi Sept 27.1993 599 RECORDING REQUESTED BY £ftf) WHEN CITY 1200 Carl ' RECORDED MAIL TO: * OF Elm sbad CARLSBAD Avenue , California 92008 ) ) ) ) ) ) c 0? 1S85 . , . J , 3yr*i<*bU:Jl ^•i;,j-':-r'L:''0 IN iANl^V)CCUN?Y.CA. JUL 10 AMU: k: VCR A L .LY: :, I j Space above t-h is 1 Documentary transfer tax: $ No fee s use NO FEE Signature of declarant determining tax-firm name City of Carlsbad Parcel No .- CQp - 25 V 3O, i AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this sth day of Mav by and between CARLSBAD RESEARCH CENTER 19 (n ame of developer-owne r) a .California General partnership , hereinafter referred to as CCo rporat ion, partnership, etc.) "Developer" whose address is c/o The Koll Company. 7330 Engineer Road. San Dieao. CA 92111 (street) and THE CITY OF (City,state,zipcode) CARLSBAD, a municipal corporation of the State of California hereinafter referred to as "City", whose address is l^Olj/Elm Avenue, Carlsbad, California, 92008. WITNESSETH: WHEREAS, Developer is the owner of the real Niroperty descjHTbed 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: A planned research park on 364± acres REV 4-2-82 »*•- - - 600 on said Property,' whichS#evelopment carries the proposed name of ' Carlsbad Research Centipr and is hereafter referred to as "Development"; and WHEREAS, Developer filed on the ^ day of /AA.S* 9&$ . with the City a request for a tentative tract map 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 April 2, 1982, in 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. -2- REV 4-2-82 ,/''" 6°1 NOW, THEREFORE, i^ ^ons iderat ion of the recit^^s and the covenants contained herein, the parties agree as follows: 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 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 o f existing building 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 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 to City a public facilities fee in the sum of $1,150 for each raobilehome 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. -3- REV 4-2-8-2 „ 602 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 o: 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. 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 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 d'e s c r i b e d . -4- REV 4-2-82 603 <"**,* x-v, 6. All obi i'gat ion&,WM/iereunder shall terminate v ^ the event the Re.quests 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 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 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 in the Property. When the obligations of this agreement have been satisfied, City shall record a release. -5- REV 4-2-82 '-»604 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 CARLSBAD RESEARCH CENTER, a California General partnershiporporat ion of the BY: THE KOLL COMPANY, Managing Partner State of California (name) BY — j. Vice President Vice President (Title) BY City Manager ^*-^ ATTEST: ^^r. ALETHA L.AUTENKR&NZ', Ciy Clerk APPROVED AS TO FORM: . BIONDO,~JR., City Attorney \a arial acknowledgement of execution by DEVELOPER-OWNER must be attached. ) ' REV 4-2-82 605 STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) On this 8th day of the undersigned ss. May in the year 19 85, before me , a notary public in and for said County and State, personally appeared Michael J. Dunigan , personally known to me to be Vice President of The Koll Company, a California Corporation, the Corporation that executed the within instrument, and known to me to be the person who executed the within instrument on behalf of said Corporation, said Corporation being known to me to be Managing Partner of Koll Carlsbad Associates, a California General Partnership, the Partnership that executed the within instrument, and acknowledged to me that said Partnership executed the same as General Partner of Carlsbad Research Center and that Carlsbad Research Center executed the same. In witness whereof, I have hereunto set my hand and affixed my notarial seal, the day and year in this certificate first above written. E532S5HSffic5KffiK3H5ffie52H5E5 OFFICSAL SEAL NANCY O'NEIL HANE NOTARY PUaLIC - CALIFORNIA pniUClPAl OFFICE IN SAN 01 EGO COUNTY My Commission Expires May 31, 1985 NOTARY-PUBLIC IN AND COUNTY AND STATE STATE OF CALIFORNIA) COUNTY OF SAN DIEGO)ss. in the year before me and State, personally appeared a notary public in and for said County ,. E . p"l Q fo , personally known to me to be Vice President of The Koll Company, a California Corporation, the Corporation that executed the within instrument, and known to me to be the person who executed the within instrument on behalf of said Corporation, said Corporation being known to me to be Managing Partner of Koll Carlsbad Associates, a California General Partnership, the Partnership that executed the within instrument, and acknowledged to me that said Partnership executed the same as General Partner of Carlsbad Research Center and that Carlsbad Research Center executed the same. In witness whereof, I have hereunto set my hand and affixed my notarial seal, the day and year in this certificate first above written. •wOMMOlMlfmn. Ex* Dw. & IMSMyOomn.Ex» NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE 606 EXHIBIT "A" LEGAL DESCRIPTION The land referred to herein is situated in the State of California, County of San Diego, and is described as follows: Those portions of Lots "F" and "G" of RANCHO AGUA HEDIONDA, partly in the City of Carlsbad, all in the County of San Diego, State of California, according to the Partition Map thereof No. 823, filed in the Office of the Recorder of said San Diego County, November 16, 1896, described as follows: Commencing at Point One of said Lot "F" as shown on said Map; thence South 25°33'56" East (Record South 25°03'40" East) 229.00 feet to a point, which point is Point 23 of said Lot "F" and also the most Northerly point of lands conveyed to Elmer Carpenter by Deed recorded June 1, 1937 in Book 662, page 75 of Official Records; thence along the boundary of said Lot "F" South 54°40'19" East (Record South 54°08' East) 1347.00 feet; thence leaving the boundary of said Lot "F" South 35°19'44" West (Record South 35°49'52" West) 41.28 feet to the TRUE POINT OF BEGINNING; thence continuing South 35°19'44" West, 2216.46 feet; thence North 53°02'49" West (Record North 52°32'21" West) 1214.69 feet; thence South 89°28'49" West, 1548.97 feet to a point on the line between Point 4 and Point 5 of said Lot "F"; thence along said line South 00°19'11" East, 547.88 feet to said Point 5; thence South 10°56'37" East, 2155.40 feet to Point 14 of said Lot "F"; thence South 51°00'00" East, 1042.27 feet to a point that lies on the Southwesterly boundary of said Lot "F" and being a Point of Intersection with the most Easterly corner of land conveyed to S. L. Kelly by Deed recorded February 3, 1961 as File No. 20293 of Official Records; thence along the Southwesterly boundary of said Lot "F" South 51°00' East, 818.47 feet (Record 818.19 feet) to the most Westerly corner of land conveyed to James L. Hieatt et ux by Deed recorded June 11, 1913 in Book 617, page 54 of Deeds; thence along the Northwesterly and Northeasterly boundary of said Hieatt's Land as follows: North 25°00' East, 594.00 feet and South 51°00' East, 1348.61 feet to an intersection with the Northerly line of Palomar County Airport as described in Quitclaim Deed to the County of San Diego, recorded January 12, 1977 as File No. 77-012820 of Official Records; thence along said Northerly line North 79°10fOO" East, 4052.22 feet to the Southwesterly corner of land conveyed to Pre-mixed Concrete Company, a corporation by deed recorded January 26, 1960 as File No. 15982 of Official Records; thence along the boundary of said land as follows: North 10°50'00" West (Record North 10°19'21" West) 500.00 feet, North 79°10'00" East (Record North 79°40'39" East) 262.00 feet and South 10°50'00" East (Record South 10°19'21" East) 500.0 feet to the Northerly boundary of said Palomar Airport; thence North 79°10'00" East along said Northerly line to the Westerly line of land conveyed to the County of San Diego by Deed recorded May 28, 1970 as File No. 93075 of Official Records; thence along the Westerly line of said land, North 38°42'44" West (Record North 38°11'55" West) 2510.58 feet to the beginning of a tangent curve concave Northeasterly and having a radius of 1845.00 feet; thence Northwesterly along the arc of said curve through a central angle of 14°25'52" a distance of 464.70 feet to a point on the Southerly boundary of land allotted to Thalia Kelly Considine et al by Partial Final Judgement in partition recorded January 18, 1963 as File No. 11643 of Official Records; thence along the boundary of said land South 67°50'28" West (Record 607 South 68°00' West) 1392.80 feet; thence North 33°08f52" West, 915.12 feet (Record North 27°50' West 827.10 feet); thence North 00°30'53" West (Record North 00°32' West) 1290.37 feet to the Southerly line of said land conveyed to the County of San Diego; thence along said Southerly line of said land conveyed to the County of San Diego; North 74°57'25" West, 427.67 feet to the beginning of a tangent curve, concave Northerly and having a radius of 2045.00 feet; thence Westerly along the arc of said curve through a central angle of 16°59'24" of a distance of 606.41 feet to the TRUE POINT OF BEGINNING. Excepting therefrom all that portion lying within the boundary of CARLSBAD TRACT NO. 81-10 UNIT NO. 1, according to Map thereof No. 10330, filed in the Office of the County Recorder of San Diego County, February 18, 1982. Also excepting therefrom all that portion lying within the boundary of Carlsbad Tract No. 81-10 Unit No. 2A, according to Map thereof No. 11134, filed in the Office of the County Recorder of San Diego County, January 31, 1985. sm/bp