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HomeMy WebLinkAboutCUP 224; Choi, Jai and Koll-Wells/Palomar; 82-370289; Public Facilities Fee Agreement/ReleaseP - . . . '. 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~ ..-.-- 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. n mr, 1. -- r) .~ 0 .-b An@-a~v . *. . RECITALS 18:’ 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 -2- REV 4-2-82 ‘. .I 1822 - 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 -3- REV 4-2-82 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. -4- 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. -5- REV 4-2-82 ‘I I, -- / 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. /I/ I// //I /I/ -6- RRV 4-2-82 .,. ‘) , L . , h 1132 b 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.) -7- REV 4-2-82 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.