HomeMy WebLinkAboutCUP 184B; Daniels Cablevision Inc; 1992-0097175; Public Facilities Fee Agreement/Releaset ,.
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RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
CITY OF CARLSBAD
1200 CarIsbad Wage Drive
CarIsbad, California 92008
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Parcel No. 169-230-02 -
AGREEMENT BETWEEN OWNER, DEVELOPER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this 20t%Iay of November ) 19g1 -byand
between Daniels Cablevision, Inc.
(Name of Developer)
a Deleware Corporation , hereinafter referred to as “Developer” whose address
:, 5720 El Camino Real, Carlsbad, Ca. 92008
(Street) (City, State, Zip Code)
and Carlsbad Municipal Water District
(Name of LegaI Owner)
a CD/? pO/2./?+0/7
(Individual, Corporation, etc.)
“Owner” whose address is 5950 El Camino Real
(Street)
, hereinafter referred to as
Carlsbad, Ca. 92008
(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 CarIsbad Wage Drive, CarIsbad, Cahfornia, 92008.
Form Apprwcd BycilycouncilApril221986
Rm. No. 9169 1
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RECITALS
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
VVHEREA!S, the Property lies within the boundaries of City; and
WHEREAS, Developer has contracted with Owner to &8&&r! the Property and proposes
a development project as follows: Extend existing building ten feet and install
three additional satellite antennas.
on said Property, which development carries the proposed name of F r e d Me a r 1 k 1 e R e s e r v o i r .
and is hereinafter referred to as “Developer”; and
WHEREAS, Developer filed on the 20thday of November , 19~%vith the City a
requestfor Ammendment to CUP 184 (A)
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 setices are at capacity and will not be available to accommodate the additional
need for public facilities and services resulting from the proposed Development; and
WI-IERFSS, 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
FmAppnwed By city Cwncil April 12,1986 Rmo.No.9169
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propos6 to help satisfy the General Plan as implemented by Council Policy No. 17 by
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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 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 -.._- I---_
of existing building or structures i.nto@&dominiums & an amount not to exceed 3.5% of the --.. -
building permit valuation at the time of conv&ion. 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 . . - -.
df$l,lSO 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 improve,ments required according to Titles 18, 20,
or 21 of the Carlsbad Municipal Code.
2. The Developer v may offer to donate a site or sites for public facilities in 1
lieu of all or part of the financial obligation agreed upon in Paragraph 1 above. If Developer and
F=Appnmd Byc3ycxMmcilAplil~ 1986
Reao. No. 9169 3
1636 . .
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, shaIl 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 peimit 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 descnid.
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 shah 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 senred in one of the following
manners:
7.1 If notice is given to the City by personal delivery thereof to the City or by
FmApproved BycitycouncilApril22,1986
Reao. No. 9169 4
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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, 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 Developer3 interest in the property shall have first
assumed in writing the Developer? 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 Owneis 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 interest in
the Property. When the obligations of this agreement have been satisfied, City shah record a
release.
F-Apprwed BycilycouncilApril22,1986
Rao. No. 9169
8. A h
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9 1, IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of i e date
first written above.
OWNER: DEVELOPER:
(Signature)
(N=e)
TITLE:
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By:
(Signature)
TITLE:
ATTEST: CITY OF CARLSBAD, a municipal
corporation of the
State of California
APPROVED AS To FORM:
flZ-,Pcn.L
VINCENT F. BIONDO, JR
City Attorney -f (qm..
(Notarial ackncjwledgement of execution by DEVELOPER-OWNER must be attached.)
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Form Approved
Bycllycou~April22 1986
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l< / County of p qrn akc-;o I c 1639
personally appeared / personally known to me - OR - 0 proved to me on the basis of satisfactory evidence
to be the person&Q whose name(q) is/=
subscribed to the within instrument and ac-
knowledged to me that he&he/tMy executed
the same in his/her/their authorited
capacity@& and that by -44slher/theic
- CAl.tfORNt~ signaturmon the instrument the person@),
or the entity upon behalf of which the personM
acted, executed the instrument.
5720 m MM, Pea!. Witness my hand and official seal.
All-PURPOSE ACKNOWLED-VENT - No 20
CAPACITY CLAIMED BY SIGNER
[3 INDIVIDUAL(S)
F CORPORATE
OFFICER(S) r;tie$F >@y
0 PARTNER(S)
0 All-ORNEY-IN-FACT
q TRUSTEE(S)
0 SUBSCRISING WITNESS
0 GUARDIAN/CONSERVATOR
0 OTHER:
SIGNER IS REPRESENllNG: NAME OF PEAEON(S) OR ENTll-f(IES)
AllENlWN NOTARY: Although the infomtatkxt requested betow is OPTtONAL, it could prevdtraudutent attachment of thii certikate to unauthorized document
THIS CERTIFICATE MUST BE AlTACHED Title or Type of Document
TO THE DOCUMENT Number of Pages Date of Document
DESCRIBED AT RIGHT: Signer(s) Other Than Named Above _
i I ,p~~+g&$fys . . - ----. I x-,&u,- - - - /
. State of &iF2&4;4 16Afl 5 10 ss. -- .mv . County of.&HlllJ&*ZGCJ
‘L On this a- ti
l?!?%z-f in the year before me, the undersig in and for
said state, personally appeared g&e7 G 4&&&y personally known to me (or prov o me on the basis of/satisl
ment as&&m and acknowledge me that the (pub1
factory evidence) to be the-person who executed this 'nstru-
UB&4@ of (T?h@d~&#d &w-&P&A & d~sw~~ ic corporation, w, c-c ~~~~LsLcsTI) executed it.
* OFFlCtAL NOTARY SEAL
-WRA J. SCHUCK -, . . ., b
Nolay Public - Clifofnia SAN DIEGO COUNTY My Comm. Expires AUG 30.1994 f
(Seal of Notary)
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EXHIBIT -Am
LEGAL DESCRPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE
OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBES AS
FOLLOWS:
THAT PORTION OF LOT "C", RANCH0 AGUA HEDIONDA, IN THE
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1986, DESCRIBED
AS FOLLOWS:
BEGINNING AT POINT 3 OF SAID LOT "C"; THENC NORTH
89='49'02" EAST 917.02 FEED; THENCE NORTH 70"32'41" EAST
277.59 FEET; THENCE NORTH 83'23'44" EAST 683.87 FEET;
THENCE SOUTH 25'17'26" EAST 263.64 FEET TO THE BEGINNING
OF A TANGENT 250 FOOT RADIUS CURVE, CONCAVE WESTERLY;
THENCE SOUTHEASTERLY AND SOUTHWESTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 57'57'46" AN ARC DISTANCE OF
252.91 FEET; THENCE TANGENT TO SAID CURVE SOUTH 32'40'20"
WEST 172.88 FEET; THENCE SOUTH 45“40'01" WEST 133.42 FEET
TO A POINT ON A 330 FOOT RADIUSE.CURVE, CONCAVE SOUTHEASTERLY,
A RADIAL LINE OF SAID CURVE BEARS SOUTH 57O19'40" EAST
FROM SAID POINT; THENCE SOUTHWESTERLY ALOND SAID CURVE THOUGH
A CENTRAL ANGLE OF 20°11'39" AN ARC DISTANCE OF 116.31
FEET; THENCE TANGENT OT SAID CURVE SOUTH 12'28'41" WEST
274.34 FEET TO THE THENCE SOUTHWESTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF SOUTH 44O29'44" WEST 131.87
FEET TO THE BEGINNING OF A TANGENT 220 FOOT RADIUS CURVE,
CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 56O11'22" AN ARC DISTANCE OF
215.75 FEET; THENCE TANGENT TO SAID CURVE NORTH 79'18'54"
WEST 118.09 FEET TO THE BEGINNING OF A TANGENT 280 FOOT
RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 37'46'09" AN
ARC DISTANCE OF 184.58 FEET; THENCE TANGENT TO SAID CURVE
SOUTH 62'54'57" WEST 252.19 FEET; THENCE NORTH 86'43'41"
WEST 608.04 FEET; THENCE SOUTH 45OO2'33" WEST 179.96 FEET
TO THE WEST LINEOF SAID LOT "C", THENCE NORTH OO"32'OO"
WEST ALONG SAID WEST LINE OF LOT "C" 1410.23 FEET TO POINT
OF BEGINNING, SAID WEST LINE OF LOT "C" BEING THAT SHOWN
ON RECORD OF SURVEY 517 AS SOUTH 0'32' EAST, 2655.2 FEET
BETWEEN POINTS 2 AND 3 OF LOT "C" (WHICH ARE ALSO POINTS
13 AND 14 OF LOT "B") IN RANCH0 AGUA HEDIONDA.
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