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HomeMy WebLinkAboutZC 340; KAISER DEVELOPMENT COMPANY; 87-673359; Public Facilities Fee Agreement/Release1844 8C673II9 Recording Requested By and Return To: CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, CA 92008 IS8? DEC -T AH \\< kk [ COUNTY HECORJ5ER _ j RELEASE OF AGREEMENT TO PAY PUBL1C FACILITIES FEES RM.OO A* 2.00 M&I.C PLEASE TAKE NOTICE that the Agreement For Payment Of Public Facilities Fees between the City Of Carlsbad and Kaiser Development Company required by an Application for zc-340/sp-200 January 7, 1986 , as Document No. 86-006436 and recorded on is hereby released for the following reason: | | Fees Paid and Obligation Satisfied |~| Application Withdrawn |_X| Other Updated Public Facilities Fee Agreement on file DATED: December 2, 1987 CITY OF QA&tSBAD By MARTIN10RENYAK ~X\ Community Development Director ATTEST: ALETHA L. RAUTENKRANZ City Clerk APPROVED AS TO FORM: VINCENT F. City Attorney By \ riTY ATTORNEY., crn ATTORNEY HUNALD R. BALL ' STATE OF CALIFORNIA ) ) ' COUNTY OF SAN DIEGO ) 1845 ss . , before me the undersigned, a u tate, personnally appeared Aletha L. known to me to be the On December 3, 1987 Notary Public in and for sajRautenkranz f known to me to De tne ncy i.xenv the City of Carlsbad, a Municipal Corporation of the State of California;-i-_ ,,+-«,! t-v.0 within instrument on behalf 1XCLU Uwi.j.0.*. «,..«.„of the City of Carlsbad, a~Municipal Corporation ot tne oua.uc v± ««*.^ 'known to me to be the person who executed the within instrument on behalf of 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 J KAREN R. KUNOTZ $ NOTARY PUBLIC-CALIFORNIA J SAN °IEGO COUNTY *My comm E)(p sept. 27. 1989 } J : CITY CLERK _ 3QM': v DEVELOPMENTAL PROCESSING JBJECT: PUBLIC FACILITIES RELEASE Uh I- I, : DATE: 11/30/87 S A G c : Please release ' Pub lie Facilities Fee Agreement, file number 86-1 KAISER DEVELOPMENT 86-006436 UPDATED PFF AGREEMENT ON FILE 85-86 MEISTER DEVELOPMENT 85-412155 FEES PAID and instructions attached. tachments : 2_Reply Requested Signature: S i a n a t u r e : November 19, 1987 Mr. Ray Miller City of Carlsbad Development Processing 2075 Las Palmas Carlsbad, CA 92009 RE: Release of Public Facilities Agreement Pacifica Business Center Dear Mr. Miller: Pursuant to our telephone conversation today, attached is a $9 recording fee plus a copy of the title report for the above referenced property, and my request to release the Public Facilities Fee Agreement, recorded against this property. Pacif ic^a^Busiiie,s,s^^eMnJ:ex/_the ^subject property, is located atfSTss", 5115 ^ and '"5145'- AyenI^aTEncrna~s7rCa±plsbad"^' The Public "Facilities Payment7- AgreementTwas = recorded ?,November|»- ' Please send the recording of the release to the following address : c/o Jeanette Engel Pacifica Business Center Associates 27392 Calle Arroyo San Juan Capistrano, CA 92675 In addition, since the property is about to go into a sale escrow, is it possible for the two Agreements to pay fees for facilities and improvements (Items 17 and 18 on the Title Report), to be re-recorded in the name of the Buyer? Please call me at (714) 240-1332. Your attention to these matters will be appreciated. Sincerely, PACIFICA BUSINESS CENTER ASSOCIATES JE/yc Attachments 27392 Calle Arroyo, San Juan Capistrano, CA 92675 714/240-1332 BfeDFORD PROPEKkdS 87 . 11 . 23 HAND DELIVERED Mr. Ray Miller CITY OF CARLSBAD PLANNING DEPARTMENT 2075 Las Palmas Drive Carlsbad, CA 92009 Dear Mr. Miller: Enclosed are the two recorded Public Facilities Fee Agreements for Carlsbad Oaks Business Center (formerly Carlsbad Airport Business Center) . Per our phone conversation today, we formally request release of the October 23, 1985 agreement. It is identical to the September 8, 1986 agreement except for the fee amount cited in Paragraph 1; the later agreement provides for a 2.5% fee rather than the 2% fee provided in the earlier agreement. Also enclosed is a check for $9.00 to the City of Carlsbad for processing this release. Thank you for your prompt attention to this matter. Sincerely, Mary JaiiSfe Jagoflzinski Project Coordinator Enclosures cc. Mr. Paul Gracey Allen, Matkins, Leek, Gamble & Mallory Ms. Kathy Iguchi First American Title 11-23L1.MJJ Bedford Properties, Inc. A Diversified Real Estate Development and Management Company 2011 Palomar Airport Rd. Carlsbad, California 92008 Telephone 619 438 2636 ^6-006436 RECORDING REQUESTED BYV<TCD WHEN RECORDED MAIL TO: CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, California 92008 ) v ^ f oa )) ))) ViX ! . ,.... fiEonRiI ,,...'^" Fir.'i'AL i S "' "'"•'• "ilO'J !S83 JAM -7 1 VERA i "JFn IN REC Cliff! COUNTY," PM I: LYLF "'•""•'—--;, •S :i fi. ' ;00 -~iSpace above this In Documentary transfer ta~x.:jQ $ ^ use $m/ Signature of declarant determining tax-firm name City of Carlsbad RF /(J ...» t \JS~rtft X TLR ° MG / Parcel No . AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 23 day of October , 1985 by and between Ka (nameofdeveloper-owner) Corporat:i on , hereinafter referred to as (Corporat ion", partnership , et c . ) "Developer" whose address is 2121 Palomar Airport Road (street) Carlsbad f.A Q2nDR and THE CITY OF (City,state,zipcode) CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City", whose address js Carlsbad, California, 92008. 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 WHEREAS, Developer proposes a development project as follows: A Specific Plan for a Planned Industrial Park REV 4-2-82 u. 784*• ^ * -^ '*s -"^ .on said Property', whi.ctf' deve lopment carries the proposed name of Carlsbad Airport Business Center and is hereafter referred to as "Development"; and WHEREAS, Developer filed on the J£3 day of 19 %6 , with the City a request for a Specific 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 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 oft'n, " * • NOW, THEREFORE ^ #n consideration of the reWtals 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 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. -3- REV 4-2-82 u- 78C» % -^; 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. 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 described. -4- REV 4-2-82 .. 787,.)»--»-, ,6. All obligations hereunder shall terminat"^ 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 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 IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: Kaiser Development Company rice President & General Manager (T&'le) BY CITY OF CARLSBAD, a municipal corporation of the State of California BY City Manager (Title) ATTEST: ALE7HAL. JWOJTJLKKRANZ? City'Cl-Crk APPROVED AS TO FORM: By Assistant VINCENT F. BIONDO, JR., City Attorney (Notarial ackn at tached. ) REV 4-2-82 u STATE OF CALIFORNIACOUNTY OF San Diego }ss.789 j> Fc On_October 23, 1985 , before me, the undersigned, a Notary Public in and for said State, personally appeared James M. Van de Water , personally known to me (or proved to me on the basis of satisfactory evidence) to be the persoriS who executed the within instrument as Vice Presidents Secretary, on behalf of Kaiser Development Company |S o \a CM 00 <3 CM O O CO the corporation therein named, and acknowledged to me that j such corporation executed the within instrument pursuant to its I by-laws or a resolution of its board of directors. WITNESS my hand and official seal. Signature^ OFFICIAL SEAL SHIRLEY E. McGUIRE Notary Public California Principal Office In San Ot«go County My Comm. Exp. Sept. 28, 1987 (This area for official notarial seal) The land referred to herein is described as follows: I . y* Lots 1 through 22, inclusive, of CARLSBAD TRACT NO. 74-21, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 10372, filed in the Office of the County Recorder of San Diego County, April 13, 1982.