HomeMy WebLinkAboutCC 5 SHAW AGREEMENT 08-05-85AUGUST 5, 1985
TO:
FROM:
SUBJECT:
HONORABLE NAYOR AND CITY COUNCIL
CONIqUNITY DEVELOPNENT DEPARTIqENT
SHAg AGREElqENT
In conformance with the recently adopted urgency ordinance (No. 933) regarding
the circulation fees for the Specific Plan No. 7 area, enclosed is the proposed
agreement with the Shaw Investment Co. This agreement covers the fees for the
Scantron Project which is proposed at 15181Woodlawn Avenue in the Specific Plan
No. 7 area.
The City Attorney has reviewed and approved the agreement.
RECONNENDED ACTION:
Approve the enclosed agreement for the Mayor's signatures.
MAC:pef
AGREEMENT
THIS AGREEMENT· for the purpose of identification dated the~ · 1985 is
day of
BY AND BETWEEN
Shaw Investment Company, with an
address of 1303 Avocado Avenue, Suite
280, Newport Beach, California, 92660,
hereinto referred to as DEVELOPER
AND
City of Tustin, a municipal
corporation with mailing address of
300 Centennial Way, Tustin,
California, 92680, hereinafter
referred to as CITY
W ITNESSETH
WHEREAS, DEVELOPER has agreed 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. 7 and related fee schedule for circulation system
improvements; and
WHEREAS, the parties hereto wish to set forth the terms of compliance for the
Shaw Project, 15181Woodlawn Avenue;
NOW, THEREFORE, IT IS AGREED by and between the parties hereto as follows:
DEVELOPER shall pay Circulation Improvement Feees for the Shaw Project,
15181 Woodlawn, 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.
The amount of DEVELOPER'S fees attribute to the Shaw Project, 15181
Woodlawn, shall be as established by the City Council with the adoption of
Specific Plan No. 7, but in no event shall it exceed the rate of $1.80 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
Shaw Investment Company
Page two
DEVELOPER, as a condition for the issuance of a building permit for the
project equalling 23,741 square feet, hereby agrees to pay the City of
Tustin the sum of not to exceed the amount in accordance with paragraphs !
and 2 above.
CITY shall issue a building permit for the proposed project 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.
SHAW INVESTMENT COMPANY
Date:
(Acknowledgement Attached)
BY:
TITLE:
CITY OF TUSTIN, a municipal corporation
DATE:
(Acknowledgement Attached)
BY:
TITLE:
- /pf
SHAW INVESTMENT COMPANY
July 15, 1985
Mr. Donald Lamn
Director of Community Development
City of Tustin
300 Centennial Way
Tustin, California 92681
Dear Sir:
This document is a letter of intent from the Shaw Investment
Company to your city regarding development of our property
at 15181 Woodlawn Avenue and the transportation fees related
to that property.
We hereby agree to contribute a fair share for the cost of
construction of circulation improvements within the area to be
encompassed by proposed Specific Plan ~7. These fees are further
described in Ordinance 937 of the City of Tustin and are based
on the type of use and building area as follows:
-- $2.60/sf of building floor area for retail commercial
and office space;
-- $1.80/sf of building floor area for research and devel-
opment space;
-- $1.00/sf of building floor area for industrial space.
As a condition for issuance of a building permit for the above
referenced project, which equals approximately 19,133 square
feet of floor space (expandable to 23,741 square feet), the
Shaw Investment Company, as developer, hereby agrees to pay the
City of Tustin a sum not to exceed those cited above. The
exact amount of the fee due the city is to ~e determined at the
time that tenant improvements are agreed upon by all parties
concerned. The Shaw Investment Company further agrees to sign
an agreement relative to these above mentioned fees with the
City of Tustin after such agreement is approved by the City
Council.
Sincerely, ~
J a~nn~e S. Re~nold~J s'~~~/~''~
Partner
Shaw Investment Company
1303 AVOCADO AVENUE, SUITE 280, NEWPORT BEACH, CALIFORNIA 92660 (714) 640-4800