HomeMy WebLinkAboutCUP 93-01; Prime Carwash Investments Inc; 1993-0584779; Public Facilities Fee Agreement/ReleaseI?? II 1993-0584779 03-SEP-1993 10~07 fin
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Drlve
Carlsbad, California 92009-l 999
1261 oFFICII# RECORD5
i
SII)) DIE60 COUHTY RECORDER’S OFFICE 4lfHETTE YS COllHTY~~R RF: :
1 fw ‘f$ rlF* * 1
Space above this line for Recorder’s use
Parcel No. &?//-&79-f3
AGREEMENT BETWEEN OWNER, DEVELOPER
AND THE CR-Y OF CARLSBAD FOR THE
PAYMENT OF A PUBUC FAClLlTlES FEE
FOR INSIDE THE BOUNDARIES OF COMMUNR-Y FACILKIES DISTRICT NO. 1
its THIS AGREEMENT Is entered into this & /!fl day of tar c ,19G
by and between dA&WMM /Ic6C PPk.
26.00
(name of developer)
a hereinafter referred to as “Developer” whose address
(corporation, partn
is 7&S gwx/s /f?a!z!5z p&44g#!ar tcThwh!&d@ I!! ,.’ 9a ov
- (street) (city, state, zip code)
and Ray and Barbara Winter, Winter Trust. dated Mav 15. 1981. 8 (name of legal owner)
a Trust , hereinafter referred to as “Owner”, whose address
(individual, corporation, etc.)
is 1745 Rocky Road, Fullerton, California 97631
(street) (city, state, tip code)
AND
the ClTY 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-l 999.
F-Appnmd
@‘-‘b’-July%1991 ReBo#91-194AuH
CMP ~3-o//SDP~3-0/
C -
---A
, ‘.
. 1262
RECITALS
WHEREAS, Owner is the owner of the real property described on Exhibit “Aa, attached
hereto and made a part of this agreement, hereinafter referred to as “Property”; and J ,
c
WHEREAS, the Property lies within the boundaries of City; and \
P$$f ‘
xasr. WHEREAS, Developer has contracted with Owner tom the property and proposes
ect as follows:
development carries the proposed name of
on said Property, which
and is hereafter
referred to as “Development”; and
WHEREAS; Developer filed on the 2 day of /v33= , 19a
with the City a request for usi5 .&g&T??
as “R8qU8st”; and
hereinafter referred to
WHEREAS, the Public Facilities Element of the Cii General Plan requires that the Clty
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 2, 1991, 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 resuiting 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 Oevelopment as lt 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,
FmAppnmd &‘C@‘councilJdy2,19!21
Rae # 91-194mH 2
1263
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 DeV8tOp8r and Cwner shall pay to the Cii a public facilities fee in an amount
not to exceed 1.32% 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 1.8296 of th8 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
mobilehome 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 th8 us8 or occupancy for which the developm8nt is intended. OevelOp8r and Owner shall pay
th8 City a public faCilitl8s f8e in th8 sum Of $593 for 8aCh mobilehome space t0 b8 constructed
pursuant to the Request. The fee shall be paid prior to the issuance of building or other
construction ‘permlts for the development. This fee shall be in addition to any fees, dedicatfons
or improvements required according to Tiles 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. ff Developer
and Owner offer to donate a site or sites for public facilities, the city shall consider, but is not
FOtIliAppVd
ByCitycoundlJ~Z,1991
Rem # 91-194/KJH 3
1264
obligated to accept the offer. The time for donation and amount of credit against th8 fee shall
be determined by Cii 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 Tiles 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. lf the fee Is not paid as provided
herein, the city will not have the funds to prWid8 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 assuranc8s to enable Developer
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 Request made by
Developer is not apprOv8d.
7. Any notice from one party to the other shall be in writing, and shall b8 dated and
signed by the party glving 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 lf notice is given to the Cii of personal delivery thereof to the Clty or by
depositing same in the United States Mail, addressed to the City at the address set forth herein,
8nClOS8d in a Sealed 8nV8lOp8, addressed t0 the city for attention Of the Cii Manager, poStage
Form rrpprond By~tycwndlJdy2,1991
Reso # 91-194mH 4
1
. ~ 1265
I prepaid and certified.
7.2 tf 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 many haV8 been designated, postage prepaid and certified.
8. This agreement shall be binding upon and shall inure to the benefit of, and shalt
apply to, the respective succ8ssors and assigns of Dev8lOper, Owner and City, and references
to Developer, Owner or City herein shall be deemed to be a reference to and include their
respective successors and assigns without specific mention of such successors and assigns.
if D8VelOp8r should cease to haV8 any interest in the Property, all obligations of Developer
hereunder shall terminate; provided, however, that any succ8ssor to Developer’s interest in the
property shall have first assumed in writing the D8VelOp8r’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 wriiing in a form acc8ptabl8 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, Clty shall record a
release.
F-Approved ByCkyChncilJuiy2.1991
l&so # 91-194mH
’ I,
L r I m6
.
IN’WlTNESS WHEREOF, this agreement is 8X8Cuted in San Di8gO County, California
as of the date first wrttten above.
OWNER: Ray W. Winter, Co-Trustee
(print name)
(signature)
ATTEST:
(title and organizatidn sf signatory)
(signature) /
FLtwI< A~sR-cc Jx-
(print name)
(title and organization of signatory)
CRY OF CARLSSAD, a municipal
corporation of the
Stat8 of California
APPROVED AS TO FORM: .
RONALD R. BALL, City Attorney
By Deputy City Attofiy
(Notarial aCknOWl8dg8m8nt of execution of DEVELOPER and OWNER must be attached.)
F-4F-d BycityCbuncilJutyZ,1991 rho # 91*194/KJH
ubmiaporircm$owriorvrrnr 1267
t7 -b , - \
On 3-iZ!bsi I, &q,k \. before me. \
0*rt ’ ruw,mEw&wPn EG ~JAHoawolAdruuc
personally appeared g&f& k &+hff&.3 NAMEISI OF SIGMEW~
0 personally known to me - OR -
ofthe4entityuponbeMfof~~~
acted, executed the Wnmmt.
.**~~~~-~~~~~.~*~.*.....*..**.~ Wiiessmyhandandoftidai~.
WAcfn cum BY SIGNER
0 ~~OUAUS) $
0-E : r OmcERW mm 0 P-R(s) 0 Am-IN-F ACT
p3=mECs,
0 sw8cRlslrJuwlmEss
0 GuARaANICoNSERvAToR f
0 OTMER: .
I I
SmNER Is REPRESBNTIMG: CwI Qc rtnaomfs ca cplnrvvssi j
I . . ;
i
A~mn*m:Uhauoh(rwn4rrmOn-~*OmOWILn~~--d(n~Ip~-.
THIS CERTIFICATE
MUST BE ArfACHED TkorTypoofDoclJmeflt AMeGmed-
1
TOTHE DOCUMENT NlMTWrofPapB!B 08molDoaJmmt 1
OESCIWED AT RIGHT: Siqner(s)OtharlhanNamedAbow CL/ \ k
v
On c- -93 L/d beforeme, /VAX-/Y 7eL1 DATE nulL. m.E d) Gmcen E.G.. ‘JmE OOE MolAnv war 9
i personally appeared F~~&r /?!kzxxu Q-4-- * MAuEfS) OF SimEntS~
0 personally known to me - OR - R rovedtomeonthebasisofsatisfactoryeWence
to be the person(s) whose name(s) is&e
SUbSCfhd to m8 wittlii instrument and ac-
knowbdgdto’methatheMdtbyexecuMd
the same in his/her/their authorited
capacity(ies), and that by his/her/their , signature(s) on me ifWument m8 psrsonw. ortheentityuponbehalfofwhkhtheperson(s)
acted, executed the instrument.
=APAaTY CLAIMED BY SIGNER
O~muuS) / D
0 PARTNEWS, ; ‘I 0 ATT--IN-F ACT > i
0 -ml I
0slmscRlamawmcEss
0 c3uARolANlcoNsERvAf i
OOTHER: I
I
BmER Is REPREBENnNG: ww( 0 mwras~ cm UnwfEs) 1 I
Am NOTARY: AftMu@ tha lnlwmnon m@oatoO bE+omooml6NALn -Co--.
THIS CERTIFICATE Tile of Type of oocument MUST BE Al-fACHEO TO THE DOCUMENT DESCIWED AT RIGHT:
: ,,I,
, ,‘-’
EXHIBIT l Am
LEGAL DESCRIPTION
1268
That portion of Lot “Ii” of RANCH0 AGUA HEDIONDA, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 823, filed in the Off ice of Cou’nty Recorder of San Diego County, November 16, 1896.
F-Appovrd
ByCkyCuuocilJuty2,1991
Rem # 91-194mH 7