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HomeMy WebLinkAboutCUP 94-01; Shell Oil Company; 1994-0489938; Public Facilities Fee Agreement/ReleaseI . : . . L RECORDING REQUESTED BY AND 1 918 WHEN RECORDED MAIL TO: ; DOC # 1994-0489938 City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, California 92008-l 989 12-AUF-1994 10=42 AM ; OFFICIAL RECORDS SFlN DIEGS! COUNTY RECORDER'S OFFICE 1 GREGORY SllITH? COUNTY RECORDER Space above this line for Recorder’s use ParcelNo. 156-180-15,25,28,30 AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CRY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FAClLlTlES FEE FOR INSIDE THE BOUNDARIES OF COMMUNlTY FAClLlTlES DISTRICT NO. 1 THIS AGREEMENT is entered into this 28 day of JUJ,Y , 1% by and between SHET~T, 0-u (name of developer-owner) a CORPORATION (corporation, partnership, etc.) ’ hereinafter referred to as “Developer” whose address is 511 N. BROOKHURST ANAHEIM, CA 92803 (street) (city, state; zip 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, 9200& 1989. WITNESSETH: WHEREAS, Developer is the owner of the real property described on Exhibit “A”, attached hereto 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 proposed a development project as follows: ADDITION OF AN 738 S.F. AUTOMATIC, SELF-SERVICE CARWASH, RF&OVAL OF SERVICE BAYS, AND INSTALLATION OF A CONVENIENCE STORE. on said Property; which development carries the proposed name of SHELL OIL COMPANY Form Approved By Cii Council July 2,199l Flee0 # 91-194KJl-l C.U.P. No. 94-01 JOB NO. SH769 1 and’is hereafter referred to as “Development”; and . WHEREAS, Developer filed on the 28 day of JULY 9 192x, with the City a request for CONDITIONAL USE PERMIT 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 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 resufting from the proposed Development; and WHEREAS, Developer has 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 proposes 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 shall pay to the City a public facilities fee in an amount not to exceed 1.8296 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 Form Approved 6y City Council July 2, 1991 Reso # 91.194/10H C.U.P. NO. 94-01 JOB NO. SH769 2 ’ to Titles 18, 20 or 21 of the Carlsbad Municipal Code. Developer shall pay a fee for conversion of existing building or structures into condominiums in an amount not to exceed 1.8296 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 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 the use or occupancy for which the development is intended. Developer shall pay the City a public facilities fee in the sum of $598 for each mobilehome 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 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. lf Developer 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 credft 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 Ties 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. ff 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 C.U.P. NO. 94-01 Form Approved By City Council July 21991 Row # 91.194/KlH 38B-NO. SH-7'69 3 /--- 4~ 922 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. Cii 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 services sufficient to accommodate the needs of the Development herein described. 8. All obligations hereunder shall terminate in the event the Request made by Developer is 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 sewed 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 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 have been designated, postage prepaid and certified. 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 and City, and references to Developer or City herein shall be deemed to be a reference to and include their respective C.U.P. NO. 94-01 JOB NO. SH769 Form Approved 6y City Council July 2,199l Reoo # 91.194MJH 4 922 *successors and assigns without specific mention of s.uch successors and assigns, lf Developer should cease to have any interest in the Property, all obligations of Developer hereunder shall terminate; provided, however, that any successor to Developer’s interest in the property shall have first assumed in writing the Developer’s obligations hereunder. 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. . . . . . * . . . . . . . . . . . . . . . . . . . . . . . * . . . . . . . . . . . . . . * . . . . . . Form Apprwmd Sy City Council July 2.1991 Row # 91-194KJH C.U.P NO. 94-01 JOB. NO. SH769 5 . 923 IN WlTNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: CRY OF CARLSBAD, a municipal Y corporation of the BY (signaicure)v M.D. SCHLICHTE (print name) for City Manager DISTRICT MANAGER (title) BY (signature) / JEFF STEGMAN (print name) ENGINEER (title) ATTEST: II - {(&fj& &. (y--J&& ALETHA L RAUTENKRANZ, City Clerk APPROVED AS TO FORM: RONALD R. BALL, City Attorney (Notarial acknowledgement of execution of DEVELOPER-OWNER must be attached.) Form Apprwd. By City Council Juty 2.1991 Rem # 91.1WKJH 8 C.U.P. NO. 94-01 JOB NO. SH769 . . . EXHIBIT “A” 924 PORTION OF TRACT 115 OF THE TOWN OF CARLSBAD, ACCORDING TO MAP 775 FILED FEBRUARY 15, 1894 Form Apprwod Sy City Council July 2,lSQl Fbso + Bl-1@4/UlH C.U.P. NO. 94-01 7 JOB NO. SH769 _- CALIF’ORNIA ALL-PURPOSt ACKNOWLEDGMENT 925 No. 5907 . State of P%%fi~~i# County of &TBM6& On personally appeared M. b. &&I%% =R, .’ DP mGr;nrs w ’ NAME(S) OF SIGNER(S) , ersonally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. and official seal. OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT 0 INDIVIDUAL 0 CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) q PARTNER(S) q LIMITED q GENERAL 0 ATTORNEY-IN-FACT NUMBER OF PAGES 0 TRUSTEE(S) 0 GUARDIAN/CONSERVATOR @I OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION l 8236 Remmet Ave., P.O. Box 7184 l Cancga Park, CA 91309-7184 926 OIL PRODUCTS MARKETING - HEAD OFFICE AND SALES DISTRICT MANAGEMENT Certificate of Authority S. J. Paul certifies that he is an Assistant Secretary of Shell Oil Company, a Delaware corporation, and that the following completely and correctly sets forth the authority of the following, now or hereafter appointed: Retail Marketing Managers District Managers The above, now or hereafter appointed representative of the Oil Products Organization is hereby authorized, in the Company's name and behalf, to execute, deliver, accept, assign, amend, extend, terminate, or release the following instruments and documents in the usual course of the business of the Department in the Head Office or the Field Office (as the case may be): (a) contracts, options and notices exercising options to purchase real property, as well as buildings, improvements and equipment appurtenant thereto; (b) leases and subleases of real or personal property, whether by or to * the Company, excluding any such lease that grants an option to purchase real property owned in fee by the Company; w notices of, consents to, and releases of assignments of such leases or subleases or of rent thereunder, and agreements with the Assignees relating thereto; and agreements subordinating any such lease or sublease to any mortgage affecting the property described therein; (d) grants of easements or rights-of-way to the Company, and railroad sidetrack agreements; W contracts for sale of, and bills of sale and other instruments transferring title to, bulk plant or service station buildings, improvements, equipment and materials, and automotive equipment; (f) acceptance of pledges or assignments of savings accounts or other collateral as security for indebtedness to the Company on any accounts; (g) releases of mortgages and security interests in real or personal property, and quitclaim deeds solely for the purpose ofclearing the public records of satisfied or terminated leases of, or unexercised and expired options to purchase, real property; .- ‘. ::., . . . ‘ .-. *._ : ._ _ ji 927 (h) bonds to governmental authorities for the Company's performance of its obligation in connection with licenses, permits or other privileges granted by such authorities; (i) offers, bids and contracts for sale and delivery of products sold by the Company, including such offers and bids, to, and contracts with, any governmental authority, (including the State of New York), together with any bonds or guarantees required in connection there- with. (3 contracts with distributors or agents for their sale of products and performance of other services, and contracts for employment of managers to operate service stations for the Company on a commission basis; and WI construction, maintenance or paint contracts relating to service stations, bulk plants, warehouses and other buildings and improvements. (1) contracts (including purchase orders) for purchase of products and commodities dealt in or handled by the Company, or for materials, equipment (including automotive equipment) and supplies necessary or convenient for the transaction of its business; (m) leases and subleases of real and personal property by the Company to service station dealers, provided that any such lease or sublease shall not include an option to purchase real property owned in fee by the Company, and contracts with such.dealers for the company's sale v of petroleum products to them. (n) Mutual Termination Notices associated with contracts for sale and delivery of products sold by the Company. (0) alcoholic beverage permits and/or licenses where applicable state law permits. It is further certified that M. D. Schlichte is the District Manager, Southern California Retail District, in the Oil Products Organization of the Com- IN WITNESS WHEREOF, this certificate is signed and sealed with the Company's corporate seal on January 28, 1993. 928 UNITED STATES OF AMERICA 5 STATE OF TEXAS 5 COUNTY OF HARRIS § BEFORE ME, on this day personally came S. J. Paul, to me known, who being duly sworn, said that he is an Assistant Secretary of Shell Oil Company, a corporation formed under the laws of the State of Delaware, United States of America, and that he knows the seal of the aforementioned corporation, and he says that he has executed the aforementioned document as the act and deed of the aforementioned corporation, for the purposes recited therein and in the capacity recited therein. WITNESS my signature and official seal on this the 28th day of January, 1993. GC/ 4 Rebecca Rodriouez / My Commission expire; on 2(6/9g -. __ :