HomeMy WebLinkAboutCUP 94-01; Shell Oil Company; 1994-0489938; Public Facilities Fee Agreement/ReleaseI
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RECORDING REQUESTED BY AND
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WHEN RECORDED MAIL TO:
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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
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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
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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.
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Form Apprwmd
Sy City Council July 2.1991
Row # 91-194KJH
C.U.P NO. 94-01 JOB. NO. SH769
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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
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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
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CALIF’ORNIA ALL-PURPOSt ACKNOWLEDGMENT
925
No. 5907
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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;
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(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
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