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HomeMy WebLinkAboutRDA PAC BELL AGREE 04-15-85DATE: April 15, 1985 TO: FROM: SUBJECT: HONORABLE CHAZRRAN AND I~_~BERS OF THE REDEVELOPNEliT AGENCY COIIIUIITTY DEYELOPHE#T DEPARTHE#T PACZFZC BELL AGREEHENT The Redevelopment Agency on March 18, 1985, authorized Pactftc Bell to proceed wtth construction of thetr £dlnger/Red Hill project subject to assurance of the payment of fees to the Circulation Improvement Fund for the subject area. A fee structure for circulation Improvements in the subject area has been developed as follows: Comme r cl al/Of fl ce R&D Industrl al $2.60 per sq.ft, of building floor area $1.80 per sq.ft, of building floor area $1.00 per sq.ft, of building floor area The proposed project of Pacific Bell would require a contribution of $583,752 for the first two buildings on the site. An agreement for payment of the fee has been proposed by staff and approved by the City Attorney. RECOIIIENDED ACTION: Authorize the Chairman to sign the agreement with Pacific Bell authorizing the construction of the project subject to payment of circulation fees prior to occupancy. Director of Community Development DDL:RKF:do AGREEMENT THIS AGREEMENT, for the purpose of identification dated the , 1985 is day of__ BY AND BETWEEN AND Pacific Bell, a California corporation with mailing address of 177 East Colorado Blvd., Room 938, Pasadena, CA 91105, hereinafter referred to as DEVELOPER CI~ of Tustin, a municipal corporation with mailing address of 300 Centennial Way, Tustin, California 92680, hereinafter referred to as CITY WITNESSETH WHEREAS, DEVELOPER is required by Use Permit No. 84-20 and Planning Commission Resolution No. 2177 to contribute a fair share for the costs of circulation improvements within the area encompassed by the proposed Specific Plan No. 7, further identified as the area north and southerly of Edinger Street and westerly of Red Hill Avenue: and WHEREAS, DEVELOPER desires to proceed with construction prior to the adoption of the proposed Specific Plan No. ? and related fee schedule for circulation system improvements; and WHEREAS, the parties hereto wish to set forth the terms of compliance with Use Permit No. 84-20; NOW, THEREFORE, IT IS AGREED by and between the parties hereto as follows: 1. DEVELOPER shall pay Circulation Improvement Fees for Use Permit No. 84-20 upon adoption of Specific Plan No. 7 and its related fee schedule by the City Council or the issuance of a Certificate of Occupancy, whichever is earlier. 2. The amount of DEVELOPER'S fees attributable to Use Permit No. 84-20 shall be as established by the City Council with the adoption of Specific Plan No. ?, but in no event shall it exceed the rate of $2.60 per sq. ft. of building floor area plus any necessary adjustment caused by a change in the Consumer Price Index impacting the cost of public improvements between the date of adoption of a fee schedule and the payment of Circulation Improvement Fees. Agreement Pacific Bell/City of Tust~n page two DEVELOPER, as a condition for the issuance of a building permit for the first two buildings within the project equalling 224,520 sq. ft., hereby agrees to pay to the city of Tusttn the sum of FIVE HUNDRED EIGHTY THREE THOUSAND AND SEVEN HUNDRED FIFTY ll~O DOLLARS ($583,752) in accordance with paragraph 1 above. CITY shall calculate and DEVELOPER shall pay Circulation Improvement Fees applicable to other proposed buildings on the site at the time of adoption of Specific Plan No. 7 or the issuance of a building permit, whichever is later. CITY shall issue a building permit for the first two buildings of the proposed project as approved by Use Permit No. 84-20 subject to all applicable laws and regulations. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates set forth opposite their respective signatures. PACIFIC BELL, a California Corporation Date: (Acknowledgement Attached) BY: TITLE: CITY OF TUSTIN, a municipal corporation DATE: (Acknowledgement Attached) BY: TITLE: