HomeMy WebLinkAboutCUP 224; Choi, Jai and Koll-Wells/Palomar; 82-370289; Public Facilities Fee Agreement/ReleaseP -
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RECi3RDIN'G REQUESTED BY ‘AND l&& - 82-370289
WHEN RECORDED MAIL TO:
CITY CF CARLSBAD
1200 Elm Avenue
Carlsbad, California 92008 122 &C -2 1-i; 10: iI 1
Space ayove this 11 e,&,p!ry '~j~&&+frj s use NO F~
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Documentary transfer tax: $ No fee -ii!lUd Signature of declarant determining
tax-firm name
City of Carlsbad
Parcel No. 213-050-23 -- qp- c&y -,-
.--- AG RF ,EXENT BETWEEN OKNER, DEVELOPER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE -------
THIS AGREEMENT is entered into this. 22 day of November , 1982
by and between
Jai In Choi -- (Name of Developer)
Sole Proprietor
a (CX"r!poration,
, hereinafter referred to as
partnership, etc.)
"Developer" whose address is
7330 Engineer Road
(Street)
San Diego California 92111
(City, State, Zip Code)
and Koll-Wella/Palomar -- -- (Name of Legal Own7
m/6eS#/ P &fi , hereinafter referred to as
"Owner" whose address is
7330 Engineer Road (Street)
San Diego California 92111
(City, -- State? Zip Code>
AND
the CITY OF CARLSBAD, a municipal corporation of the State of California,
hereinafter referred to as "City", whose address is 1200 Elm Avenue,
Carlsbad, California, 92008.
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.
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WHEREAS, Owner is the owner of the real property described on
Exhibit "A", attached to and made a part of this agreement, and
hereinafter referred to as "Property"; and
WHEREAS, the Property lies within the boundaries of City; and
WHEREAS, Developer has contracted with Owner to pu'rchase the
Property and proposes a development project as follows:
Food to go Deli sandwich shop C?ttP -d-szY
on said Property, which development carries the proposed name of
JC Deli -_-- _-
and is hereinafter referred to as "Development"; and
WHEREAS, Developer filed on the 22 day of November ---
1982 , with the City a request for conditional use permit - . -.A- --..-_I --.-
,
hereinafter referre'd to as "Request"; and 1
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 incorporated by this reference?; and
WHEREAS, Developer, Owner and City recognize the correctness of
Council Policy No. 17 dated April 2, 1982, on 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
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WHEREAS, Developer and Owner have 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 and Owner are aware that the City cannot and will not be
able to make any such findings without financial assistance to pay
for such services and facilities; and, therefore, Developer and
Owner propose to help satisfy‘the General Plan as implemented by
Council Policy No. 17 by payment of a public facilities fee.
NOW, THEREFORE, in consideration of the recitals and the
covenants contained herein, the parties agree as follows:
1. The Developer and Owner 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 and Owner shall pay a fee for conversion of 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
Ca.rlsbad Municipal Code. Condominium shall inc1ud.e 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
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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 and Owner 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 sha'll be paid
pri0.r 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.
2. The Developer and Owner 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 and Owner
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.
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1824-
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 and Owner 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.
6. All obligations hereunder shall terminate 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
th-ereof 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.
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1825 --
,.-
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, Owner and the City, and references to Developer, Owner
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.
At such time as Owner ceases to have any interest in the
Property, all obligations of Owner hereunder shall terminate;
provided, however, that if any successor to the Owner's interest in
the Property is a stranger to this agreement, such successor has first
assumed the obligations of owner in writing in a form acceptable to
City.
9. This agreement shall be recorded but shall not create a lien
or security inte'rest on the Property. When the obligations of this
agreement have been satisfied, City shall record a release.
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IN WITNESS WHEREOF, this agreement is executed in San Diego
County, California as of the date first written above.
OWNER: DEVELOPER:
KOLL-WULS /PALOMAR
7330 Engineer Road San Ditgo Ca. 92111
Jai In Choi
- &343 Bralorne Way San Diem Ca. 92126 )
BY /ss$-- 4
W
TITLE Sole proprietor
BY
ATTEST:
ALETHA L. RAUTENKRANZ
City Clerk I
TITLE
CITY OF CARLSBAD, a municipal
corporation of the
State of California
BY
City Manager
APPROVED AS TO FORM:
(Notarial acknowledgement of execution by DEVELOPER and OWNER must be
attached.)
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STATE OF CALIFORNIA
COUNTY OF . .._.. .%?...%.%? _._........___._....____ > S’s 18Z.i’
OlL.. ........... ZFE!?kK...S.3 St .... 198.2.. .. . before me, th;zdyergn&; Notary Public in and for said State, personally appeared
....................................................................................................... -- --........_......_......-.....-.......-.--....................-...--.~--..-..~~...---....~~.~ .................. .._.._____ ............ _____._
.......................................................... - .._____...........__----.......--..---- ................ he .................... known to me to be the person(s) whose name(s). ........ ~ S.. ..........
subscribed to the within Instrument and acknowledged that.. .......................... executed the same.
WITNESS my hand
and official seal.
?. MISC-900 - lndlvidwl Notarial Acknowlodgmant
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO) ss.
On this 22nd day of November, in the year 1982, before me
Marla L. Wagner, Notary Public, personally appeared Herbert
H. Hafter, Agent for Koll-Wells/Palomar, personally known
to me (or proved to me on the basis of satisfactory
evidence) to be the person that executed this instrument,
on behalf of the partnership and acknowledged to me that
the partnership executed it.
182s -
EXHIBIT "A" ----
LEGAJ, DESCRIPTION
The land referred to herein is situated in the state of California, County of San Diego, and is described as
foll0wa:
Parcel 1 : Parcel B of Parcel Map No. 6901, in the city of Carlsbad, in the.county of San Diego, state of California, according to map thereof on file in the office of County Recorder of San Diego County, being a division of Lot 4, Carlsbad Tract No. 73-49 ( CC&P Palomar Airport Business Park ), Unit No.
1 Map No. 8054, in the city og Carlsbad, in the county of
San Diego, state of California, according to map thereof
No. 8054 filed in the office of County Recorder of San Diego
County December 31, 1974.
Parcel 2 :
An easement and right of way for driveway and pedestrian and
vehicular access over, along and across that portion of Parcel A of Parcel Map 6901, in the city of Carlsbad, in the county of San Diego, state of California, described as follows:
Beginning at the southeast corner of said Parcel A, said corner also being the Northeast corner of Parcel B of said map and lying on the Westerly right of way of El Camino real; thence North 89 24' 46" West along the common lot line of Parcel A and Parcel B of said Map, a distance of 12.11 feet to the True Point of Beginning; thence proceeding along said common lot line North 89 24' 46" West 33.22 feet to a Point of Intersection on the arc of a non tangent
curve concave Easterly having a radius of 150 feet a radial
bears North 84 45' 08" West to said Point; thence Northerly
along the arc of said curve through a central angle of 24 45' 37" a distance of 64.82 feet to a point of compound curvature with a curve concave right having a radius of 37.00 feet; thence Northeasterly along the arc of said 37.00 foot radius curve through a central angle of 68 08' 26" a distance of 44.00 feet to a point on the Westerly right of way line of El Camino Real; thence proceeding from said point of intersection along the right of way line on a radial bearing South 08 08' 55" West, a distance of 25.00 feet to a point of intersection with a non tangent curve, concave South- easterly, having a radius of 12.00 feet a radial bears North 08 08': 55" East to said Point; thence Southwesterly along the arc of said 12.00 foot radius curve through a central angle of 90 00' 00" a distance of 18.85 feet to a point of
tangency; thence along said tangent South 08 08' 55" West
a distance of 45.29 feet to the True Point of Befinning.