HomeMy WebLinkAboutCUP 90-06; Vogel-Beljean Trust and Delaware McDonalds Corp; 90-492473; Public Facilities Fee Agreement/ReleaseRECORDING REQUESTF- BY AND ‘, ’ KHEN RECORDED MAIL r0: 197
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,CITY OF CARLSBAD 1200 Elm Avenue
Carlsbad, California 92008 ;
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Parcel No. 210-170-06
AGREEMENT BETWEEN OWNER, DEVELOPER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into lis 30th day of January ,
19 90 by and between McDonald's Corporation dba Delaware McDonald’s
(Name of Developer) Corporatioc
a Delaware Corporation , hereinafter referred to as
(Corporation, partnership, etc. )
“Developer” whose address is 4370 La Jolla VFllage Dr. $800
(Street)
San Diezo, California 92122
(City, State, Zip Code)
and WALTER BELJEAN.. Trustee of the VOGET, BELJEAN ‘lXK3JaC1RtPT1 May 15. 1981
(Name of Legal Owner)
as Trustee , hereinafter referred to as
(Individual, Corporation, etc.)
l’Owner” whose address is 1101 Leuc-lll~v;lr~
(Street)
Encinitas, CA 92024
(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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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
WHEREAS, The Property lies within the boundaries of City; and
WHEREAS, Developer has contracted with Owner to $5&%$e the
Property and proposes a development project as follows: a drive thru
window and lane
on said Property, which development carries the proposed name of
McDonald's Restaurant
and is hereinafter referred to as “Development”; and
WHEREAS, Developer filed on the 3rd day of MY
. . 19 go , with the City a request for the addltlanal of
I
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entails a C.U.P. and S.D.P.
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
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WHEREAS, Developer and Owner have asked the City to find that
public facilities and services will bc 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 convenants
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
for 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 or occupancy for which the development is intended.
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Developer and Ow.ner 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 Owner offer 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.
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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 by 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 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 references 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.
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. - . . 9 . 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 interest in the Property. When the obligations of this agreement have
been satisfied, City shall record a release.
IN WITNESS WHEREOF, this agreement is executed in San Diego
County, California as of the date first written above.
OWNER: DEVELOPER : MCDONALD’S CORPORATION
VOGEL-BELJEAN TRUST dated May 15, 1981
Bv: r? 4JL&LxA (Signature) Wa&er Beljean, Trustee .
(Name)
(Signature)
(Name)
(Signature)
ATTEST :
ALETHA L. TENKRANZ, City Cl#rk
APPROVED AS TO ,FQRM:
I . . . . . . _ , 8;s h .-. “I r 1 a/c+
NDO% r. RNFV VINCENT F. 616
City Attorney VC I
dba DELAWARE MCDONALD’S CORPORATION
corporation of the
MARTIN OREN-‘
For City Manager
(Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.)
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293 SAFECO TITLE INSURANCE 2
8 tj STATE OF CALIFORNIA
SAN DIEGO ss. COUNTY OF
On this the a-8 ,cc, day of March 19 go before me the undersigned, a
Ti Notary Public in and for said County and State, personally appeared WALTER BELJEAN, Trzke of the
p ET. T-t-r4 MRV 15: 1981
5 S FOR NOTARY SEAL OR STAMP
s , personally known
a
9
to me or proved to me on the basis of satisfactory evidence to be the
03 person___ whose name&?? subscribed to the within instrument
ii and acknowledged that ~ executed the same.
E. rw2.l-y PUWC-Cammla
2 Pmr~a. me I”
$0 Sar. se& cw!lly
’ 5 Qmn %D 7.1892
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Signature of Notary
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MCDDNALP'S (ACKNO!~~LEDGMENTl
STATE OF ILLINI-IIS
COUNTY OF DuPAGE ss:
a Notary Public in and for the county and
bat Seymour Greenman, Vice-President, and Michael $1. Sise, Assistant Secretary of McDonald's Corporation, a hlaware
corporation, who are oersonally known to me to be the same persons whose names are subscribed to the foregoing instrument as such Vice-President and Assistant Secretary, respectively, appeared before me this day in person and acknowledged that they signed, sealed and delivered the said instrunent as
their free and voluntary act as such Vice-President and Assistant Secretary,
respectively, and as the free and voluntary act of said corporation for the
uses and purposes therein set forth.
Given under my hand and notarial seal
1930.
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My conanission expires 7/11/199D
iACKNOWLEDGMENT - INDIVIDUAL)
STATE OF
COUNTY OF ss:
I, a
state aforesaid, DO HEREBY -ihat
Notary Public in and for the county and
of " and who (is)(are) per-
sonally known to me to be the same person(s) whose name(s) (islcare) subscrfbed
to the foregoing instrument appeared before me this day in person and acknowl- edged that ( he)lthey) signed, sealed and delivered the said instrument as (h lltheir) free and voluntary act for the uses and purposes therein set forth.
Given under my hand and notarial seal, this
19-.
day of
Notary Public
My conmission expires
(ACKNONLEDGMENT - CORPORATE)
STATE OF COUNTY OF ss:
I, a Notary Public in and for the county and
state aforesaid, DO -CERT Tlhat , President,
and Secretary of , a(n) corporation, who'are personally known to me to be the persons
whose names are subscribed to the foregoing instrument as such president and
Secretary, respectively, appeared before me this day in person and acknowledge4
that they signed, sealed and delivered the said instrument as their free and voluntary act as such President and Secretary, respectively, and as the free
and voluntary act of said corporation for the uses and purposes therein set forth.
Given under my hand and notarial seal, this day of . lgA
!4y cocvoission expires
Notary Public
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EXHIBIT 'A8
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LEGAL DESCRIPTION.
The land referred to herein is situated in the State of California, County of San Diego, and is described as follows:
That portion of lot "H" of Ranch0 Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to partition map NO. 823, filed in the office of the County recorder of said County, November 16, 1896, described as follows:
Beginning at the point of intersection of the easterly line of the 100.00 foot right of way of the Atchison, Topeka and Santa Fe railroad company, as described in deed to the California Southern Railroad, filed March 10, 1881 in Book 38, page 171 of deeds with the northerly line of parcel 2 of the land described in deed to the State of California, recorded June 18, 1965 as document NO. 108756 of official records; thence alon g said boundary line of the State of California land, south 65O49 21'" east to an angle point; thence south 73O39'04" . east 287.96 feet to an angle point, being the true poTnt of beginnin ; north 45 % thence south 84O21“32'" east 96.45 feet; thence 45"'59" east 68.41 feet; thence north lo45"25"' east 92.00 feet; thence north 78'07"26"" west 217.96 feet; thence south 11°52"34" west 131.50 feet to the beginning of a tangent 20.00 foot radius curve concave northeasterly; thence southeasterly along said curve 29.85 feet through an angle of 85O31"381' to a point of tangency with that course described above which bears south 73039'04" east; thence! i south 73039'04" east 81.91 feet to the true point of beginning.
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