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Home My WebLink AboutCUP 162A; HAWTHORNE, J T AND DOROTHY L; 84-260686; Public Facilities Fee Agreement/ReleaseRecording Requested By Return to*. THE CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, CA 92008 84-260686 .JCQf'.Lti; ;N "" i >viCIAL RE'UOHHS !' 1381 JUL M AHII: 13 I VERA L.L.Y1 r. i { COUNT YRECGRULR j RELEASE OF AGREEMENT TO PAY PUBLIC FACILITIES FEES PLEASE TAKE NOTICE that the Agreement For Payment Of Public Facilities Fees between The City of Carlsbad and J.T. Hawthorne and Dorothy L. Hawthorne required by an Application for GUP-162A and recorded on July 24, 1981 , as Document No. 81-234738 is hereby released for the following reason: /~% Fees Paid and Obligation Satisfied /~7 Application Withdrawn /~7 Other DATED: June 28. 1984 ATTEST ALETHA L. RAUTENKRANZ, City Clerk APPROVED AS TO FORM: VINCENT F. BIONDO, JR., City Attorney By CITY OF CARLSBAD By< FRANK D. ALESHIRE, City Manager ., City Attorney f S.^eritschke, Assistant STATE OF CALIFORNIA) ) COUNTY OF SAN DIEGO) On 1867 ss zsj, s^ _ / before me the undersigned, a Notary inland-' for said State, personally appeared Frank D. Aleshire, known to me to be the City Manager of the City of Carlsbad, a Municipal Corporation of the State of California, known to me to be the person who executed the within instrument on behalf of said Municipal •Corporation, and acknowledged to me that such City of Carlsbad, executedthe same. 'WITNESS my hand and official seal. OFFICIAL SEAL KAREN R. 'STEVENS Notary Public - California Principal Office In San Diego County My Commssain E«(we5 Sept 27 19S5 After- recording return to: .C-; ty of Carlsbad * 1 Q Q A1200 Elm Avc. .- - • l»5f i Carlsbad, CA 92008 • .AGREEMENT BETWEEN DEVELOPER-OWNER . AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into .this 11 day of December . 19 80 , by and between -J.T. Hawthorne and Dorothy L. Hawthorne "(name of developer-owner) ~ ~'- "' " ~ a husband and wife as community propert^iereinaf ter referred to as (Corporation, partnership, etc.) "Developer", whose address is 1250 Idaho (street) Escondido, CA 92025 • , and THE CITY OF (City, state, zip code) CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City", whose address is 1200 Avenue, Carlsbad,. California, 92008. * • W I T N E S S E' T H:• 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 proposes a development project as follows:. Expansion of an existing •delicatessen of approximately 2400 Sq. ft. within an existing building. The develope.r also proposes an out-, side eating area. COP , - • - 1995 , > ' '"^r^ *>e.^ on said Property, which development carries the proposed name Of Tip Top Meats ; . . and. is hereafter referred to as "Development"; and WHEREAS, Developer filed on the 11 ' day of December , 19 80 , with the City a request for A conditional use permit. /CUP 162A) "'.' • "™ ' V ~J~ '-"""•-:ul-- '-- -1--L— --„_.. -..-T----I.I-. _ ,--- --rr _. i . __ r. -i-rr-_ _-.-•-_-.-.-. . _j_^.. i_ _i ^-. .. T— (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/ da ted'August 29, 1979, 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 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 2. ' 1996 A,,.„ ' • 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 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 prior to the issuance of building or other construction permits for the develop- ment 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. A credit toward such fee shall be given for land which has been dedicated for park purposes or for any fees paid in lieu thereof pursuant to Chapter 20.44 of the Carlsbad Municipal Code.- •Developer shall pay a fee for conversion of existing buildings or structures into condominiums in an amount not to exceed 2% 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 . ' 3. 1997 •'. ji" the"development is intended. Developer shall pay to City a public facilities fee in the sura 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 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 given for land which has been dedicated for park purposes or for.any fees paid in lieu thereof pursuant to Chapter 20.44 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. If 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 credit 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 agree- ment. 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 pursuant hereto are required to ensure the consistency of the Development with the e City's General Plan. If 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 Development shall 4. 1998 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. . _ . . v t ' 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 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. . • • 6. All obligations hereund.er shall terminate in the event the Requests made by Developer 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 such notice shall not be effective for any purpose whatsoever unless served in one of the following manners: 7.1 If notice is given to the City by. 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 5. 1999 Mail, enclosed in a sealed envelope, addressed to Developer at the 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 and the City, and references to Developer '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. If Developer should cease to have any interest in the Property, all obligations of Developer hereunder shall terminate; provided, however, that any successor of 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 on the Property. When the obligations of this agreement have been.satisfied, City shall record a release. 20'00 IN WITNESS WHEREOF, this agreement is executed in San'Diego • • ! County, California as of the date first written above. DEVELOPER-OWNER:CITY OF CARLSBAD, a municipal corporation of the State of California {Name) By < (Title) BY. City Manager ATTEST: ALETHA L. RAUTENKRANZ, APPROVED AS TO FORM By VINCENT F. BIONDO, JR../. City Attorney DatM S. Hentsdhlfff Assistant . (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) 4-J 2002 EXHIBIT "A" * LEGAL' DESCRIPTION A '"fd rce B Of o J( 81-234738 FILE/PAGE, KO. _ _ REC0REq REQUST OF ?«rc«| • Sfdfe II RECORDS'COUNTY; CAt; in.E' NO FEE. TO 1944 CA (8-74) (Individual) STATE OF CALIFORNIA COUNTY OF San Diego - On_ December 3, 1980 2001}ss.6V(}i TITLE INSURANCE ANDTRUST AT1COR COMPANY .before me, the undersigned, a Notary Public in and for said state, personally appeared J. T. Hawthorne and Dorothy L. Hawthorne _whose name_S_ , known to me subscribedo! to be the persons . ;•- to the within instrument and acknowledged that they executed the same. IWITNESS my hand and official seal. cSignature, OFFICIAL SEAL TRUDY J. McCOY NOTARY PUBLIC • CALIFORNIA j PRINCIPAL OFFICE IN SAN DIEGO COUNTY | My Commission Expires October 13, 1981 casjsas2Sta:.2ii-;;v..- ^••^•-•' (This area for official notarial seal)