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Home My WebLink AboutZC 222; Foodmaker Inc; 81-234740; Public Facilities Fee Agreement/Release. : . AG~~Eia~~~j’~ 3JE?‘TBEFN G7?lER, DrribET~.OPER ANG ‘XIE CITY OF Cr’lxsCAC Fori TUT: PAYi4E3'~ OF A PtKsr,fc Fi2CILITIEs PEE -- .--.--.---- --- . c TIIIS ~GEEENT is entered &to this 6?2nddag? ofb October c . - \ lgst by and between . . . . . --___ FOQDY"AKER INC. -+-.- ..--. I . (Name of Ccveloper) : . :. . a Delaware _I- Corporation . I ‘ [Carpoxation, parctner$Z~l-ZE.) . . * hereinafter referred to as *'~eveZoper'~ whose address is . .P. 0. Box 783 (9330 Balboa Avenue) San Mego~ California I -.. 1 (Stsree-t) . . -- Sati Diego, CaIifor?ia. 92112 (92123) {City, state, zp code) # - (Xame of"Lj5E5GGer) 0 . . 8 ’ 4J . r : . ’ . (Corporation,- etc.) _ * '.. . her&after referred'to as "Owner" whose address is . -. )(’ ?.&Q &.go)&’ s-qjqgg , ._ .* )$ ~C~iz‘SAtq cf# “i’$ lit . . r. !City,'11@ * *. .’ . .: . AND : : . the CITY OF CARLSBAD, a zwnicipnl corporatitin of the State of California, hereinafter referred to 'as "City", whose . 'Carlsbad, California,.92008. - : REXTAlk address is 1200 Elm Avenue; . . . -c . . . ‘I I WHEREAS, Owner is the owner of the real property described . cm kxhibit "A", attached to and made a part of this agreement, and . ,hemirkfter referred to as "Propcxty".; and .' . . . . . c. :. cI. *.. - ,.._ .’ . ._ ,__. . . . . _. ( . .-’ .+... . . . -’ . - . r. . I 2012’ . *- )‘- * . *I . \ * : ) . . . . .’ l WEREAS, the Property lies within . , WHEREAS, Developer has contraqted Property and proposes a development pro.ject as follows: . - DRTVE-?‘F!!?U ,RESTAtF$j??T* PAC~LITY the boundaries of City; and' ' ' , with Owner to purchase the . . . on said Property, which development car&es the pkoposed name of . . JACK-IN-THE-BOX . . and is --- ‘.'hereinafter referred to as "Development“; and ., . . WHEREAS, Developer filed on the &!! day of - 19 sd ‘, with the City a request for ZONiNG CI-!!NGE zt3,2;1, . I . . . . . (hereinafter referred to ai "Request"; and . . . WHEREAS, the Public Facilities Element'of the City General Plan requires'that the City Council.find that all public facilities '. .ne&es&ary to serve a development wflj‘, be available concurrent with need or such developxfent 'file with.the City Clerk :W~~EREAS, Developer, shall not be.approved (said element is on and incorporated by this reference): a$d 0,wner and,City recognize the correctness'. of Council Policy No'. 17, dated August 29, 1979, ,cn file with the City Clerk aid incorporated by this reference, and that the City’s public faci'lities and services . are at capacity and will not be av&lable to accommodate the . . . additional need'for public facilities and services resulting from ' : the proposed Development: and . * . WHEREAS, Developer and'0wner have asked the City to find that .public facilities and services will be available to meet the future .* tneegs of the Development as'it,is presently proposed; but the , 3 l . 2.‘. .?. l l . ! . . . l . . _* , t- . . . ” . 2Uf.3 ‘Developer and Owner are aware that the (%"Ly.cannot atid will not be able to-make any such findings without for Guch services and facilities; and, . . * : >- & ; ’ financial assistance to pay therefore, Developer and ' Owner propose to help satisfy the General Plan as implemented by . ' Coim3i.l Policy No. 17 by payment of a public facilities ,fee. l ’ NOW, THEREFORE, in consideration of the recitals-and the . covenants contained herein, the parties agree as follows: . 3.. ‘The Developer and Owner shall pay to the City a public facilities fee in an amount not to exceed 2% of the building permit valuation of the buildings or structures to be-constructed . . . in the Development pursuant to the Request. The fee shall be paid ' 1 .prfor 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 pu:suant to Titles.18, 20 or 21 of the Car&bad Municipal . ._ .Code.. k credit toward such fee shall be given for land which has .. been dedicated for park purposes or for any fees paid in lieu . .thq-eof pursuant to Chapter 20.44 3f the Carlsbad' Municipal Code. . Developer and Owner shall paya fee for conversion of existing ' buildings or structures into condominiums in'an imount not to *exceed 2% of the building . The'fee for a condominium . issuance of a condominium , . permit valuation at the time of cbnversion. M conversion shall be paid prior to the . conversion permit -as provide_d in Chapter 21.47 of the Carlsbad Municipal Code. Condominium s'hall include community apartment or stock cooperative. The terms "other construction pennits", "other construction permit" and entitlement for use".as '* . I *. . ‘3. l , I t l I . . . I’ ‘: . . . . used in this agreement,. except in reference to mobilchome 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 f! . . the development is intended. Developer and Owner shall. pay to . 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 buiiding or other con'structidn 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. A. credit toward such fee shall be gi-ven for land which has been dedicated for park . . : . .’ . c . purposes or for any fees paid in lieu thereof pursuant to Chapter' . 20.44 of the Carlsbad Municipal Code; * l . 2; The Developer and Owner may.offer to donate a site or. sites for publio facilities in lieu of all or part of the financial. obligation agreed upon in Paragraph 1 above. If Developer and . Owner offejr to donate. a site or sites for public facilities, the I City shall consider, but is not obligated to accept the offer. \ The $me 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, whe'n made, shall become a part of ' . . this agreement. Sites donated under this paragraph,shall not . , . 2(3-p, ’ .:t>-, . ’ . d’ . . ._ inciudc improvements required pursuant to Titles 18 or 20 of the ' Carlsbad Municipal Code. . . 3. . This agrccmcnt and the fee paid pursuant hereto are . . re.quircd to ensure the consistkcy of the Development with <he . - I . 4." ' .! l . : . :.‘201*5 ” :,,- \ . 0. . . . . . City's' General Plan. If the fee is not paid as provided herezinc the Ciky will not have the funds to provide public iacilities and services; and the Development will not be Consistent'with the General Plan and any kpproval'or permit for th- L Development shall be void. No building . br other construction permit or entitlement for use shall be issued . mtil the public facilities fee required hy'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 . simi.lar public facilities‘fees are available. I . . 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. . . - $. All obligations hereunder shall terminate in the .event . : . i . . .t. the Requests made by Developer and Ovner 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 . suc'h notice shall not be effective for any purpose whatsoever . u+nless served in one of the following manners: . . .7.1 If notice is given to the City by'personal helivcry thereof to the City or by depositing ‘same in the United States ‘, l . Mail, addressed to the City at the address set forth herein, 9 . . *ii. -,’ l F . . . ! . * ‘. t . . . ....- 3 . ,, :; 3 .‘. . . , I -. . . l 1 . . ! - , 5, ‘A . . , .I. 2015, . *. . . ,._ ,, _ -... . . . . . ) . . ’ . . 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. 7.3 If notice is given to @ner by personal delivery. thereof to Owner or by depositing same in the United States Mail, enclosed in a sealed envelope addressed to-Owner at the address set . . forth herein or at such other.address as .may 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, Owner and the Ci%y, and references to T)eveloper, Caner or City herein shall .be deemed to be reference to and 'include their respective successors and assigns without specific mention of such successors and assigns. Xf Developer should cease to have any interest in the Property, . all obligations of Developer hereunder 6 shall terminate: provided, however, that any successor of Developer's . interest in the Property shall have first Developer's obligations hereunder. At such time as Owner ceases to have assumed in writing, the . any interest in the \ .a 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 '* ' . Tirst assumed the obligations of Owner in‘writing in a form . ,, . 6. l . ’ . . *a , , . ‘- . r l . . ..- ., - . 2017’. . . \- A’ . accqkablk to. City* . . 9. This agreemcki shall b e recorded but shall not create a ' '. .I.ieii.br security interest on the propcr.ty,. 'When the obligations of . . this agreement have been satisfied, City s?d.i record a release. r! ‘IN WITNESS WEREOF, this agreement is executed in San Diego : County, California as of the date first written 'above. :. . OKNER: DEVELO;ER: " I _'. _. . . . . . - . , .-’ .*ATTEST : . . . 8 . Titl.e 'Vice President ' Me----- - fly Title ; . corporazlon of the State of'California CITY OF CARLSBAD, a mukicipal . . . - , City Cler& . . . * APPROVED AS TO FO C. I . .' Y . . . . ' . BY’ City Manager . - ~ . . 1 . . . I . . i . City Attorney . . . - . (Notarial acknowledgem&t of execution by DEVELOPER . - be attached.) . . . : . . . . * . . ‘* 4 : . . and OWNER must I . . . . . . . ‘. . 7, * .;. f * , . . _- TO 19.4 c* (8.74) (Individual) STATE OF CALIFORNIA San Diego f SS. COUNTY OF Oft October 23, 1980 State, personally appeared Bert Free hof before me, the undersigned, a Notary Public in and for said , known to me to be the person whose name Asubscribed to the within instrument and acknowledged that he executed the same. WITNESS my hand and otllcial seal. Signature BO ,a45 CA (a-74, (Corporation) STATE OF CALIFORNIA 1 -- g = = = -. - ~ z P P NOTARY PUBLIC-CALIFORNIA 5 = = PRINCIPAL OFFICE IN H E = g/ -- SAN DIEGO COUNTY g I My Commission Expires August 19, 1983 1 ~~UY”IIUI,H”llli”,,,,,“,,lllHllllllllllnlllillllllllullul~~~ffll~ln~llnll~ I (This area for otlicial notarial seal) i!cixFANCE Alum COMPANY before me, the undersigned, a Notary Public in and for said State, personally appeared D. Boynton , known to me to be th known to me to be L l Vice President, and J. E. Morrow sslstant , Secretary I of the corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. Signa = I SHIRLEY KAY liiiii------5 f w!!?!J NOTARY PtJBUC - CALIFORNIA 4 PRINUPAL OFFICE IN SAN DIEGO COUNTY E My ~~mlulon Erpkes Nov. 12, I= f (This area for official notarial seal) 2019 #05-01-0036 EXHIBIT "A" Lots 11 and 12 in Block 66 of CARLSBAD SUBDIVISION, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 535, filed in the Office of the County Recorder of San Diego County, May 21, 1888. $1-234740 FfLEJwE ND, i\Z/o# iy @~~~~~~~~~ OFFICIAL RECORDS SAbl DiECO COUHTY, CA& VERA L,L?'LE RpwR??F~