HomeMy WebLinkAboutCUP 92-07; Dawes, Steuart E.; 1992-0632150; Public Facilities Fee Agreement/Release-
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’ RECORDING REQUESTED BY AND )
1 WHEN RECORDED MAIL TO: 1
P,*fi Cfefk 1
CITY OF CARLSBAD 1
1200 Carlsbad Village Drive 1
Carlsbad, California 92008 1
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Space above this line for Recorder’s use
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Parcel No. 211-040-17
AGREEMENT BETWEEN OWNER, DEVELOPER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this July 28thday of ,199; -b-d
between Steuart E. "Ted" Dawes, D.R.A urican Self st,oraue
(Name of Developer)
an individual , hereinafter referred to as “Developer’ whose address -
is 5200 El Camino Real, wlsbad. CA 920138
(Street) (City, State, Zip Code)
and Barbar&L &Ptrnshp. Estrin V.P.
(Name of Legal Owner)
a CA Limited Linmited Partnership , hereinafter referred to as
(Individual, Corporation, etc.)
“Owner” whose address is 16885 Via De1 Campo Court.. Suit,p 205 (Street)
Ranch0 Bernardo, CA 92127-1723
(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 Carlsbad Village Drive, Carlsbad, California, 92008.
CUP 92-7/SP 23(F)
Form Approved
By city council April 22,1986
l&o. No. 9169 1 .
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DOC # 1?~2-~632~~~ 05-OCT-1992 OS?=45 PM
OFFICIAL RECORDS SAN DIEGO CDUNTY RECORDER’S OFFICE FlNNETTE EVANS, COUNTY RECORDER I RF: 12.00 FEES: 32.00
;;i 19.00 1.00
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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, hereinafter referred to as “Property”; and
WHEREAS, the Property lies within the boundaries of City; and
WHEREAS, Developer has contracted with Owner to purchase the Property and proposes
a development project as follows: Self storaqe f aci 1 i ty
on said Property, which development carries the proposed name of ~mer i c an
Self Storage and is hereinafter referred to as “Developer”; and
WHEREAS, Developer filed on the 2 8 th day of Ju IV , 19swith the City a
* * reqUeStfOrclnnr3it.inn~l JJ.QCP Permit and qFe,-lflp plan e+
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
July 28, 1987, 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
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 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 and
Form Approved
By city council April 22,1986
&so. No. 9169 '2
’ 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 3.5% 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 3.5% 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
of use” as used in this agreement, except in reference to mobile home 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 of occupancy for which the
development is intended. Developer and Owner shall pay the City a public facilities fee in the sum
of $1,150 for each mobile home 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.
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
Form Approved
By city ckuncil April 22,19&s
Reso. No. 9169 3
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.
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
service sufficient to accommodate the needs to the Development herein described.
6. All obligations hereunder shall terminate in the event the Requests made by
Developers 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 by personal delivery thereof to the City or by
Form Approved
By City Council April 22,1986 Fkso. No. 9169 4
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 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 ensure to the benefit of, and shall
apply to the respective successors and assigns of Developer, Owned 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 hnd 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 Developers interest in the property shall have first
assumed in writing the Developers 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.
I 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 bekn satisfied, City shall record a
release.
Form Approved
By City Council April 22, 1986 Reso. No. 9169 5
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IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date
first written above.
OWNER: Barbara L. Estrin V.P. Atlantic Capitol Investors
a CA Limited Part%nership .
(Name) .
(Signature)
DEVELOPER:
Steuart E."Ted" Dawes D.B.A. American Self Storage
By:
TITLE:
By:
TITLE:
(Signature)
ATTEST: CITY OF CARLSBAD, a municipal
corporation of the
State of California
V For City Manager
APPROVED AS TO FORM:
&zL$& ib, (LLw=fq Dcfl - . s
RONALD G. BALL v
Acting City Attorney
(Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.)
Y
Form Approved
By City Council April 22,1986
Reso. No. 9169 ‘6
C
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STATE OF CALIFORNIA )
> s.s
COUNTY OF San Diego 1
On this 27th day of August in the year 19&, before me,
Cathryn A. Woldahl a Notary Public in and for the said County and State, residing theirin, duly commissioned and &orn, personally appeared Barbara L. . ~~~ I v _ p _
Atht-ir C;laltal TnTrPstnra Tazon Development, Inc./General Partners .
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s):
INDIVIDUAL Whose name is subscribed to this instrument, and - acknowledged that he (she or they) executed it.
_ CORPORATION Who executed the within instrument as
president and secretary, on behalf of the corporation therein
named, and acknowledged to me that such corporation
executed the within instrument pursuant to its articles and
by-laws and a resolution of it’s Board of Directors.
X PARTNERSHIP - That she executed the within instrument on behalf of
the partnership, and acknowledged to me that the partnership
executed it.
IN WITNESS WHEREOF, I have hereunto set my hand and affied my official seal, in and for said
County and State, the day and year first above written.
~~o,.WGQQcR9,
Notary Public ir@ n for said County and State of California
My Commission expires: November 3, 1995
OFFICIAL NOTARY SEAL CATHRYN A. WOLDAHL Notary Public - California
SAN DIEGO COUNTY
STATE OF CALIFORNIA )
1 s.s
COUNTY OF San Diego 1
On this 27th day of August in the year 19 92, before me,
Cathryn A. Woldahl a Notary Public in an& for the said County and State, residing
theirin, duly commissioned and kern, personally appeared Stuart Edward "Ted" Dawes
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s):
x INDIVIDUAL Whose name is subscribed to this instrument, and
acknowledged that he (she or they) executed it.
CORPORATION Who executed the within instrument as - president and secretary, on behalf of the corporation therein
named, and acknowledged to me that such corporation
executed the within instrument pursuant to its articles and
by-laws and a resolution of it’s Board of Directors.
PARTNERSHIP That executed the within instrument on behalf of
the partnership, and acknowledged to me that the partnership
executed it.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, in and for said
County and State, the day and year first above written.
CLPW o,, -QJ&J&
Notary Public in hh for said County and State of California
My Commission expires: November 3, 1995
L.’ ; ,C’ i ‘__..
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-L ._ EXHIBlT'IA' '_ -P * N
'. LEGALDESCRIPTION
Parcel2ofParcelMapNo. 3415,intheCityofCarlsbad, County of
.r ). San Diego, State of California, filedinthe Office of the County
.'Recorder of San Diego County, January 21, 1975, as File No. 75-
014212 of Official Records.
Foml hppnnd
By city council April 22 1986
&so. No. 9169 '7