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Home My WebLink AboutCUP 94-09; Schulz, Kris and McDonald Franchises; 1994-0449966; Public Facilities Fee Agreement/Release. ‘ - , 1 3ECORDING REQUESTED BY AND n< t!!rqn~~ . WHEN RECORDED MAIL TO: ==‘\a$f=“f;T ycc i “7 i.. ‘! 7% -2 F” ) .L.r...: 1.2 .i City Clerk -) . i (??Fi[I& i;i”EC’@;; CITY OF CARLSBAD ‘$1 ijIE@j Qj#jTy BEC@?Qfq’E; jf!--:[E 1200 Carlsbad Village Drive jI72S g&&y SJqpH s CJjg’; “;s~‘;‘;r, Carlsbad, California 92008-l 989 1 RF: 1oJQ F95: If, 1:: Fik 15.00 1.00 ( Space above this line for Recorder’s use Parcel No. ao-/yll- a$ AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CR-Y OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FAClLlTlES FEE FOR OUTSIDE THE BOUNDARIES OF COMMUNITY FAClLlTlES DISTRICT NO. 1 THIS AGREEMENT is entered into this by and between (name of developer-owner) a corporation I hereinafter referred to as “Developer” whose address (corporation, partnership, etc.) is 5TyD ~t!4F”/d4 E”dJh/BA (street) (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 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: JUL JL( -+bh v /G-k/ L, ;-2/ on said Property, which d8V8lOpftI8nt carries the proposed name of fiDHWflM/J Form Approved Sy City Council July 2,199l Reso #91-194/KJH ' l -I . . -and is hereafter referred to as “Development”; and :727 . WHEREAS, Developer filed on the / day of y/-id 62 / with the City a request for “Request”; and hereinafter referred to as WHEREAS, the Public Facilities Element of the City General Plan requires that the City Council find that all public facilities necessary to serve a d8V8lOpm8nt 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, D8VelOp8r 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 resulting from the proposed D8V8lOpment; and WHEREAS, Developer has asked the City to find that public facilities and services will be available to meet the future n88dS of the DeV8lOpm8nt as it is presently proposed; but the Developer is aware that th8 City cannot and will not be able to make any such finding without financial assistance t0 pay fOf such S8rViC8S and facilities; and th8r8fOf8, D8V8lOp8f proposes t0 help satisfy the C8n8fal 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 Cl a public facilities fee in an amount not to 8XCe8d 3;5% of the building permit valuation of the building or structures to b8 construct8d 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 f88 shall b8 ifl addition t0 any f88S, dedications or imprOV0ments f8CfUired pursuant Form Apprwd By City Council Jub 2,lW1 Reeo #91-194l)CJH 2 1728 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 8XCe8d 3.5% of th8 building permit valuation at the time of conversion. The fee for a condominium conversion shall b8 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 d8V8lOpm8nt is intended. Developer shall pay the City a public facilities fee in the sum of $1 ,150 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 develOpm8nt. 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 th8 offer. The time for donation and amount of credit against the fee shall be determined by Clty prior to the issuance of any building or other permits. Such determination, when made, shall be- come 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 pUrSWIt h8r8tO are required t0 ensure the consistency of the D8V8lOpment with the City’s General Plan. lf the fee is not paid as provided herein, the City will not have the funds to provide public facilities and sewlc8s, 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 Form Apprwod 6y Chy Council July 21991 Roe0 #91-194/KJH . be issued until the public facilities fee required by this agreement is paid. 1729 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 th8 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 8nabl8 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 P8qU8St made by Developer is not approved. 7. Any notice from one party to the other shall b8 in writing, and shall be dated and signed by the party giving such notice or by a duly authorited 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 City of personal d8liV8r-y 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 t0 D8V8lOper by perSOnal delivery th8r8Of t0 D8V8lOp8r 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 succ8ssors and assigns of Developer and City, and references to Developer or city herein shall be d88med to be a reference to and indude their respective successors and assigns without specific mention of such successors and assigns. ff Developer should cease to have any interest in the Property, all obligations of Developer hereunder shall FormApprwod Sy Chy Council Jury 2, 1991 be0 #91*194luIH 4 F ? 1730 terminate; providid, however, that any successor to Developer’s interest in ihe 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 Approved By Cii Council Juty 2,199l Reeo #91-19UKJH 5 . . _ .\ 1731 IN WlTNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first wriien above. CRY OF CARLSBAD, a municipal corporation of the State of California for City Manager BY (signature) (print name) (title) ATTEST: APPROVED AS TO FORM: RONALD R. BALL, Cl Attorney BY ?%pUty City AttOm8y u (Notarial acknowledgement of execution of DEVELOPER-OWNER must be attached.) Form Apprwod By CHy%ouncil Juty 2,199l Rem + Ol-194NJH 6 STATE OF CALIFORNIA COUNTY OF SAN DIEGO S 732 /, /99 , beforeme, Ltmi5cr b&U &T , sonally appeared /( e SfN/AL 7 / , personally known to me (or 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 acknowledged 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. Witness my hand and official seal. EXHIBIT “A” 1733 ORDER NO. 1100724-2 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: PARCEL A: n PARCELS 1 AND 2 OF PARCEL MAP NO. 13937, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 3, 1985 pS FILE NO. 85- 321661 OF OFFICIAL RECORDS. PARCEL B: A NON-EXCLUSIVE EASEMENT FOR INGRESS, EGRESS AND PARKING OVER AND ACROSS THOSE PORTIONS OF THE FOLLOWING DESCRIBED PROPERTY: PARCELS A AND B OF PARCEL MAP NO. 642, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 12, 1971 AS FILE NO. 234454 OF OFFICIAL RECORDS, AS SET FORTH AND DEFINED IN THAT CERTAIN REVISED MEMORANDUM OF LEASE RECORDED DECEMBER 9, 1986 AS FILE NO. 86-574125 OF OFFICIAL RECORDS. T107/07/94 07:x:17 v: / / : : LB 00 PAGE 5