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HomeMy WebLinkAboutPIP 05-04; CONCOURSE ONE AT PALOMAR FORUM; Planned Industrial Permit (PIP)CITY OF CARLSBAD - ENGINEERING DEPARTMENT APPLICAHON ENGINEERING PLAN CHECK Complete ail appropriate Information. Write N/A when not applicable. PROJECT NAME: DATE: dj3l/0<^ PROJECT DESCRIPTION: Of/^/Cii: 3LJ/C£>tAJd^ QAJ A <^7~ CP/^ PROJECT ADDRESS: LOT NO(S).: MAP NO.: l^dSI APN(S). NUMBER OF LOTS: NUMBER OF ACRES: S.I OWNER: Mailing Address: Phone Number: Fax Number: E-Mail: I certify that I am the legal owner and that all the above information is true and correct to the best of my l<nowledge. Signature; /;^ZL (^W^Date: g/^//t?5" APPLICANT: Mailing Address: Phone Number: Fax Number: E-Mail: Signature: Date: SOILS ENGINEER: "^L?Vs. *^&r^ CIVIL ENGINEER: [/(SlfU {-\A:MSC.tJ» FIRM: O'bh^ a>hii>UUTA:f^S Mailing Address: Z1\0 Uoi^Ci^ Al/g ^ i^lOO Phone Number Fax Number: E-Mail: huo) -7700 State Registration Number: FIRM: \/\\^\t ^ t^lObLSTOf^ £>4Gr/^)/^C<J^(i Mailing Address: V\SO VihifJfAUi fKsiZ- Phone Number: "IZl'j Fax Number: E-Mail: State Registration Number: ADDITIONAL COMMENTS: IMPROVEMENT VALUATION 1. What water district is the proposed project located in? (check one) Qcarlsbad Municipal Water District Qoiivenhain Qvallecitos 2. If in the Carlsbad Municipal Water District, what is the total cost estimate, including the 15% contingency fee, for water and reclaimed water improvements, sewer (for Carlsbad Municipal Water District only), street, public (median) landscape and Irrigation, and drainage improvements (ifapplicable)? $ ^/vS'^l.^f cut lj050cj cy GRADING QUANTITIES remedial cy import cy export cy SEE REVERSE SIDE H:/DEVELOPMENT SERVICES/MASTERS/Application for Engineering Plan Check Revised 1/14/02 CITY OF CARLSBAD - ENGINEEKING DEPARTMENT APPLICATION ENGINEERING PUN CHECK Ojimplgte Ifl appropriate iiiformatlon« Write N/A when hot applicable. PROJECT NAME: PALOMAR FORUM LOT 4 DATE: OCTOBER 26, 2005 PROJECT DESCRIPTION: PROCESS OF WATER EASEMET PER IMPROVEMENT PLANS (DWG. NO. 434-4). PROPOSED INDUSTRIAL LOT PER P.I.P. 05-04 PROJECT ADDRESS: NORTH OF PALOMAR AIRPORT ROAD BETWEEN MELROSE DRIVE AND BUSINESS PARK DRIVE LOT NO(S).: 4 MAP NO.: 14831 APN(S). 221-015-01 NUMBER OF LOTS: NUMBER OF ACRES: 5.24 AC OWNER: CONCOURSE ONE, LLC Mailing Address: 9820 WILLOW CREEK ROAD, SUITE 4oo SAN DIEGO, CA 92121 Phone Number: Fax Number: E-Mail: (858)271-7050 (858)578-4419 lwoocly@pacbell.net I certify that I am the legal owner and that all the above information is true and correct to the best of my knowledge. SignaturQTT^^i^/^^ /^'^^W^^^'^^ite: ^'^ --!5 APPLICANT: Mailing Address: Phone Number: Fax Number: E-Mail: Signature: SAME AS OWNER Date: CIVIL ENGINEER: FIRM: Mailing Address: Phone Number: Fax Number: E-Mail: KEITH HANSEN O'DAY CONSULTANTS, INC 2710 LOKER AVE. WEST, SUITE 100 CARLSBAD, CA 92010 SOILS ENGINEER: N/A FIRM: (760) 931-7700 (760) 931-8680 kelthh@odayconsultants.com Mailing Address: Phone Number: Fax Number: E-Mail: State Registration Number: 60223 State Registration Number: ADDITIONAL COMMENTS: WATER EASEMENT SHOWN ON DWG. NO. 434-4 IMPROVEMENT VALUATION 1. What water district is the proposed project located in? (check one) [xjcarlsbad Municipal Water District Qoiivenhain Qvallecitos 2. If in the Carlsbad Municipal Water District, what is the total cost estimate, including the 15% contingency fee, for water and reclaimed water improvements, sewer (for Carlsbad Municipal Water District only), street, public (median) landscape and irrigation, and drainage improvements (if applicable)? $ N/A cut cy fill .cy GRADING QUANTITIES remedial cy import cy export. cy SEE REVERSE SIDE H:/DEVELOPMENT SERVICES/MASTERS/Application for Engineering Plan Check ^ Revised 1/14/02 ' 1^ ™ APPLICATION " ENGINEERING PLAN CHECK Complete all appropriate information. Write N/A when not applicable. APPLICATION FOR ( •allthat^H'ply)! FOR cmr USE ONLY APPLICATION FOR ( •allthat^H'ply)! PROJECT I.D. DRAWING NUMBER DEPOSIT/FEES PAID COMMENTS [] Adjustment Plat (ADj) . . \I2 Certificate of Compliance (CE) [x] Dedication of Easement (PR) Type: WATER [x] Dedication of Easement (PR) Type: WATER Type: Type: Encorachment Permit (PR) • Final Map (FM) [] Grading Plancheck (DWG) Q Improvement Plancheck (DWG) • Parcel Map (PM) \I2 Quitclaim of Easement (PR) Type: \I2 Quitclaim of Easement (PR) Type: Type: Type: \2 Reversion to Acreage (RA) [] Street Vacation (STV) [2 Tentative Parcel Map (MS) Q Certificate of Correction (CCOR) [2 Covenant of Easement (PR) Q Substantial Conformance Exhibit (SCE) • Other DATE STAMP APPLICATON RECEIVED H:/DEVELOPMENT SERVICES/MASTERS/Application for Engineering Plan Check Page 2 Revised 1/14/02 GVP Consultants PROJECT PLAN REVIEW COMPLETION The following project plans have been reviewed and are recommended for approval: Project Name: Project No.: Dwg. No.: Sheets No.: PALOMAR CONCOURSE (PALOMAR FORUM LOT 4) PIP 05-04 434-4 1 -6 DECLARATION OF RESPONSIBLE CHARGE I hereby declare that I have exercised responsible charge over the plan review of this project as defined in Section 6703 of the Business and Professions Code to determine that the plans are found to be in substantial conformance with applicable codes and standards. Plan review of these project drawings does not relieve the Engineer of Work of the responsibilities for project design under state and local ordinances. Signed 2^ Glen K. Van Peski RCE 41204 Exp. 3/31/07 Date 3764 Cavem Place Carlsbad CA 92010-6585 Ph 760-720-0500 Fx 760-720-2282 GVP Consultants PROJECT PLAN REVIEW COMPLETION The following project plans have been reviewed and are recommended for approval: Project Name: Project No.: Dwg. No.: Sheets No.: PALOMAR CONCOURSE (PALOMAR FORUM LOT 4) PIP 05-04 434-4A 1 -6 DECLARATION OF RESPONSIBLE CHARGE I hereby declare that I have exercised responsible charge over the plan review of this project as defined in Section 6703 of the Business and Professions Code to determine that the plans are found to be in substantial conformance with applicable codes and standards. Plan review of these project drawings does not relieve the Engineer of Work of the responsibilities for project design under state and local ordinances. Signed Glerf K. Van Peski RCE 41204 Exp. 3/31/07 /'/7.6Cg Date 3764 Cavern Place Carlsbad CA 92010-6585 Ph 760-720-0500 Fx 760-720-2282 NOV-23-05 10:10 FROM-Currie Partners, Inc. 185857B4419 T-499 P.005/007 F-r37 —i^rW^1^'^ffiS5"WHEBB'^^'^^^Rel^^ have cxcaited-lhi3-Agfa«mflnt.^fegfre as -of the day and year firfrf abovevg^n- ~ "^ni iiiiii itirfiiMT' LWCONCOURSEU.C. a Delaware limited liability company By: LW Properties LLC, a Cillifoima limited liability company, its managiiig member Lawrence A. Woodward Manager ^5 NOV.'23-05 10.09 FROM-Cwrrie PartnersS 1958S7B4^ia . 18585784419 T-4S9 P.003/007 F-737 LIMITED LIABILITY COMPAISrY AGREEMENT FOR CONCOURSE ONE. LLC THIS LIMITED LIABILITY COMPANY AGREEMENT OF CONCOURSE ONE, LLC, is cntCTcd into effective as of September , 2005, fay and between LW CONCOURSE LLC, a Delaware limited liability company ("JV Member"), and SOMERA REALTY VALUE FUND, L.P., a Delaware limited partnership ("SRVF'). The capitalized tarns used herein shall have the respective meanings assigned to such terms in Article XI. ARTICLE I FORMATION 1.01 Foimaiion The Members hereby form a Delaware limited liability company pursuant to the provisions of the Delaware Act and this Agreement. In connection therewith, an authorized person of the Company shall execute and cause to be duly filed a Certificate of Fonnation for tbo Company in accordance with the Delaware Act and shall execute a Limited Liability Company Application for Registration (Foim LLC-S), which shall be duly filed with the Office of fiie California Secretary of State. The Operating Member (or its designee) is also authorized to execute, acknowledge and/or verify such other documents and/or instruments as may be necessary and/or appropriate in order to ftnn tbc Company under the Delaware Act and to continue its existence in accordance with the provisions of the Delaware Act and to register, qualiiy to do business and operate its business in Califotnia (or any other state in wWch the Company conducts business) as a foreign limited liability company in accordance with the provisions of the California Act (or other applicable law), 1.02 Names and Addresses The name of the Company is Concourse One, LLC. The principal office of the Company in the State of Delaware, and the name and address of the regiatered agent of the Company in the State of Delaware, shall be c/o Paracoip Incorporated, with an address as of the date hereof at 15 North East Fitst Street, Dover, Delaware 19901. The principal office of the Company in the State of Califomia shall be at 9820 Willow Creek Road, Suite 400, San Diego, Califomia 92131. The name and address of the registered agent of the Company in the State of California shaU be Paracoip Incorporated, 3500 South Dupont Hi;^way, Dover, Kent County, Delaware 19901. The names and addresses of die Members are set forth on Exhibit A attached hereto. 1.03 Nature of Business The express, limited and only purposes of the Company shall be (i) to acquire, own, develop, lease, bold for long-term investment, sell, exchange, dispose of and otherwise realize the economic benefit firom that catain real property commonly known as Concourse One At The Palomar Fomm, located in Carlsbad, Califomia end described, more particularly on Exhibit B attached hereto (the "Property"), including the improvements currently and as from lime lo time 5(B91i44 Received Nov-23-2005 08:55ain Frnm-lflKas7p>i/iio , , 33am prom 18585784419 To-O'DAY CONSULTANTS Paie 003 NOV-23-05 10:10 FROM-Curris Partners, Inc. 185957844,9 . 18585784419 T-499 P,004/007 F-737 may be located on the Property (collectively, the ''Improvements") (the Property and tiie Impfovanents shall sometimes be collectively referred to as, the "Project"), and (ii) to conduct such other activities with respect to the Project as are appropriate to carrying out the foregoing purposes and to do all things incidental to or in furtherance of the above-cnumcxatcd purposes. K04 Outside Activitiefl In view of the limited purposes of the Company, no Member shall have any obligations (fiduciaiy or otherwise) with respect to the Company or to any other Member insofar as making other investment opportunities available to the Company or to any other Member. Each Member may, notwithstanding the existence of this Agreement, engage in whatever activities such Member may choose, whether the same are competitive with the Company or otherwise, without having or incurring any obligation to offer any interest in such aotivitiBs to the Company or to any other Member. Neither this Agreement nor any activities undertaken pursuant hereto shall prevent any Member from engaging in such activities. Notwithstanding the fbregoing, except for the Existing Project, during the tema of tiie Company, without the written consent of SRVF (which consent may be withheld in the sole discretion of SRVF), neither JV Member nor any Affiliate of JV Meanbcr may develop, own an interest in or participate in the itianagement, marketiiig, development or leasing of an office building within a radius of five miles of the Project provided that, upon the later of (j) the Project being at least 80% occupied, or (ii) the second anniversary of the close of Escrow for the Project by the Company, JV Member may engage in a transaction that would otherwise violate the foregoing restriction so long as, iqjon not less than 30 days notice. JV Member gives SRVF a ri^t of first offer to participate in such transaction, and within IS days after receiving such notice, SRVF declines or fails to respond to such offer to participate. 1.05 Term of Company The term of the Company shall commence on the date the Certificate of Formation for the Company is filed with the Office of the Delaware Secretary of State and shall continue until dissolved pursuant to Article YIII or unless extended by the unanimous agreement of the Members. The existence of the Company as a separate legal entity shall continue until the cancellation of the Company's Certificate of Formation. ARTICLE n MANAGEMENT OV THE COMPANY 2,01 Management of the Company (a) Generally. Each Member shall be considered a manager of the Company and shall co-manage the Company. JV Member is hereby designated as the operating member (the "Operating Member") of the Company and shall serve as the Operating Member of the Company unless and until it resigns or is removed pursuant to Section 2.06. Subject to the restrictions set forth in this Agreement, the Operating Member shall use its commercially reasonable efforts to manage and administer the day-to-day business and affairs of the Company and to implement Hhe Business Plan, all on the terms set forth herein. The Operating Member shall at all times perfonn its duties and responsibilities in compliance with all applicable laws, -2- 50291M4 uB.osam Fron-18585784419 To-O'DAY CONSULTANTS Page 004 NOV-23-05 lOslO FROM-CurrIa Partners, Inc. 18585784419 T-489 P.006/007 F-737 IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective as of the day and year first above wrinen. ^'JV MEMBER" LW CONCOURSE LLC, a Delaware limited liability company By: LW Propenics LLC, a California limited liability company, its managing member 5029I344V7 By: Lawrence A. Woodward Manager -SRVF' SOMERA REALTY VALUE FUND, L.P,, a Delaware limited partnership By: Somera Realty Value Fund Advisors, LLC a CaUfomia limited liability company its General Partner By: Somera Capital Management, LLC, a California limited liability company Its Managing Member By: David A. Brown Manager By: SRVF REIT. Ino. a Maryland corporation its General Partner By: David A. B President Received Nov-23-ZOOS 09:5Saiii From-18585784418 To-O'DAY CONSULTANTS Page NOV-23-05 10:09 FROM-Currie Partnsrs^. lasasrmio A '3585784419 _ ^ T-499 P.003/007 F-737 LIMITED LIABILITY COMPATfy AGREEMENT FOR CONCOURSE ONE, LLC THIS LIMITED LIABILITy COMPANY AGREEMENT OF CONCOURSE ONE, LLC, is entered into effective as of September , 2005, by and between LW CONCOURSE LLC, a Delaware limited liability company ("JV Member"), and SOMERA REALTY VALUE FUND, LP., a Delaware linutcd partnership C'SRVr*), The capitalized terms used herein shall have the respective meanings assigned to such terms in Article XI. ARTICLE I FORMATION 1.01 Fonnation The Members hereby foim a Delaware limited liability company pursuant to the provisions of the Delaware Act and this Agreement. In connection therewith, an authorized person of the Company shall execute and cause to be duly filed a Certificate of Foimation for the Company in accordance with tbe Delaware Act and shall execute a limited Liability Company Application for Registration (Form LLC-5), which shall be duly filed with the Office of the California Secretary of Siaie. The Operating Member (or its designee) is also authorized to execute, acknowledge and/or verify such other documents and/or instruments as may be necessary and/or appropriate in order to fbnn the Company under tibe Delaware Act and to continue its existence in accordance with ^e provisions of the Delaware Act and to register, qualify to do business and operate its business in California (or any other state in which the Company conducts business) as a foreign limited liability company in accordance with the provisions of the California Act (or other applicable law). 1.02 Names and Addresses The name of the Company is Concourse One, LLC. The principal office of the Company in the State of Delaware, and the name and address of the regpatered agent of flie Company in the State of Delaware, shall be do Paracoip ^orporated, with an address as of the date h^eof at 13 North East First Street, Dover, Delaware 19901. The principal office of the Company in the State of Califoinia shall be at 9820 Willow Creek Road, Suite 400, San Diego, California 92131. The name and address of the registered agent of the Company in the State of California shall be Paracoip Incorporated, 3500 South Dupont Highway, Dover, Kent County, Delaware 19901. The names and addresses of the Members, are set forth on Exhibit A attached hereto. 103 Nature of Business The express, limited and only purposes of the Company shall be (i) to acquire, own, develop, lease, hold for long-term investment, sell, exchange, dispose of and otherwise realize the economic benefit £nom that certain real property commonly known as Concourse One At The Palomar Forum, located in Carlsbad, California end described more particularly on Exhibit B attached hereto (the "Property"), including the improvements currently and as from lime lo time -1- S0Z913U ReceivBd Nov-Z3-2005 OgiSSam From-iBMiiTSiiiiio , , '""784418 To-O'OAY CONSULTANTS Paga 003 NOV-Z3-0S 10:10 FROM-Currie Partn,rs||. 19SBS7B4419 A r » , ^ • f' W 185B57B4419 fl| T-499 P.004/007 F-737 may be located on the Property (collectively, the ''Improvements") (the Property and the Improvements shall sometimes be collectively reienrcd to as, the "Project"), and (ii) to conduct such otiber activities with respect to the Project as are appropriate to carrying out the foregoing purposes and to do all things incidental to or in furtherance of die above-cnumcratcd purposes. 1.04 Outride Activitiefi b view of the limited puiposes of the Company, no Member shall have any obligations (fiduciary or otherwise) widi respect to the Company or to any other Member insofar as making other investment opportunities available to the Company or to any other Member. Each Member may, notwithstanding the existence of tbis Agreemmt, engage in whatever activities such Member may choose, whether the same are competitive with the Company or oihowise, without having or incurring any obligation to offer any interest in such activities to the Company or to any other Member. Neither this Agreement nor any activities undenaken pursuant hereto shall prevent any Member from engaging in such activities. Notwithstanding the foregoing, except for the Existing Project, during the term of the Company, without the written consent of SRVF (which consent may be withheld in the sole discretion of SRVF), neither JV Member nor any Affiliate of JV Member may develop, own an interest in or participate in the management, marketing, development or leasing of an office building within a radius of five miles of the Project provided thai, upon the later of (i) the Project being at least S0% occupied, or (ii) the second anniversary of the close of Escrow for the Project by the Company, JV Member may engage in a transaction that would otherwise violate the foregoing lestriction so long as, upon not less than 30 days notice. JV Member gives SRVF a right of first offer to participate in such transaction, and within IS days after receiving such notice, SRVF declines or fails to respoxid to such offer to participate. 1.05 Term of Company The term of the Company shall commence on the date the Certificate of Formation for the Company is filed with the 03ice of the Delaware Secretary of State and shall continue until dissolved pursuant to Article Vin or unless extended by tiie unanimous agreemwt of the Members. The existence of the Company as a separate legal entity shall continue imtil the cancellation of the Company's Certificate of Fonnation. ARTICLE n MANAGEMENT Oy THE COMPANY 2,01 Management nf the Company (a) penerfllv. Each Member shall be considered a manager of tine Company and shall co-manage the Company. JV Member is hereby designated as the operating member (the "Operatiag Member") of tfae Company and shall serve as the Operating Member of the Company unless and tmtil it resigns or is removed pursuant to Section 2.06. Subject to the restrictions set forth in this Agreement, the Operating Member shall use its commercially reasonable efforts to manage and administer the day-to-day business and affairs of the Company and to ioiplemoit the Business Plan, all on the terms set forth herein. The Operating Member shall at all times perfonn its duties and responsibilities in compliance with all qiplicable laws, Rac«iv,d NOV-23.Z005 09:55a™ Fro™.|B5B5784419 To-O'OAY CONSULTANTS Pa,a 004 NOV-Z4-05 10:10 FROM-Currie Partntrs^. 185B5784419 . ^ T-49g P.005/007 F-737 IN WITNESS WHEREOF, the panics hereto have executed this Agreement effective as of the day and year first above written. "JV MEMBER" LW CONCOURSE LLC, a Delaware linutcd liability company By: LW Properties LLC, a California lunited liability company, its managing member Xawrence A. Woodward Manager "SRVF' SOMERA REALTY VALUE FUND, L.P.. a Delaware limited parmership By: Somera Realty Value Fund Advisors, LLC, a California limited liability company its General Parmer By; Somera Capital Management, LLC, a Califomia limited liability company its Managing Member By: David A. Brown Manager By: SRVF REir, Inc. a Maryland corporation its General Parmer By: David A. Brown President 50291344v7 Recalved Nov-Z3-Z00S 09:55aiii From-18585784419 To-O'DAY CONSULTANTS Paie 005 NOV-2S-05 10:10 FROM-Currie PartnersI ( ^ 18585784419 T-499 p.006/007 F-737 IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective as of the day and year first above written. ''JV MEMBER" LW CONCOURSE LLC, a Delaware limited liability company By: LW Propenics LLC, a Califomia limited liability company, its managing member 5029l344v7 By: Lawrence A. Woodward Manager "SRVF' SOMERA REALTY VALUE FUND. L.P., a Delaware limited partnership By: Somera Realty Value Fund Advisors. LLC a Califomia limited liability company its General Parmer By: Somera Capital Management, LLC, a Califomia limited liability company its Managing Member By: David A. B Manager By: SRVF REIT, Inc. a Maryland corpomtion Its General Parmer By David A. B President Recaived Nov-23-200S 09:S5ain From-18585784419 To-O'DAY CONSULTANTS Page 006 NOV-23-0S 10:11 FROM-Currie Partners,Inc. I8SBS784419 T-499 P.007/007 F-737 i'tSSl TUC DEPARTMENT OF THE TREASURY V/a?/' i*^*^ INTERNAL REVENUE SERVICE PHILADELPHIA PA 19255-0023 Drai53-1B1709.003?-O01 1 HB 0.309 702 IM.,..l.l...it..ll....il...ll...liu.ll.l.l.ll...ll....ll..i CONCOURSE ONE LLC WOODWARD LAURENCE A SINGLE MBR 9820 UJLLOW CREEK RD STE 400 SAN DIE60 CA 92131 00S152 Date af this notice: 06-01-2005 Employer Identification Number: 20-3153619 Form: SS-<i Number of this notice: CP 57S E For assistance you may call us al l-Ba0-829-«i933 IF YOU WRITE, ATTACH THE STUB DF THIS NOTICE. WE ASSIGNED YOU AN EMPLOYER IDENTIFICATION NUMBER Than'< you for applying for an EIN, We assigned you EIN 20-3153619. This EIN will identify your business account, tax returns, and documents, even if you have no cinpl>3y«es. Ploase keep this notice in your permanent records. When filing tax documents, please use the label IRS provided. If that isn't possible you should use your EIN and complete name and address shown above on all federal tax forinis, payments and related correspondence. If this information isn't correct, please correct it using the tear off stub from this notice. Return it to us so w* can oorreot your account. If you use arny variation of your namo or EIN, doing so could cause a delay in processing and may result in incorrect information in your account. Doing so could result in our assignina you more than one EIN. If you want to apply to receive a ruling or a determination letter recognizing your organization as tax exempt, and h-iva not alreadv dona so, you should file Form 1023/102^, Application for Reeonnition of Exemption, with the IRS Ohio Key District Office, Publication 557, Tax Exempt Status for Your Organization, is available at most IRS offices and has details on how you can apply. IMPORTANT REMINDERS: 36 Keep a copy of this notice in your permsnant records. 36 Use this EIN and your name exactly as they appear on all your federal tax forms. * Refer to this ElN on your tax related correspondence and documents. Thank you for your cooperation. RecBived Nav-23-Z005 09:5Sani From-185857B4419 To-O'DAY CONSULTANTS Page 007