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HomeMy WebLinkAboutCUP 162B; HAEDRICH, JOHN/MOOREHEAD, JACK; 84-260685; Public Facilities Fee Agreement/Release1S64 Recording Requested By Return tof THE CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, CA 92008 ^84-260685 'SB* JW. II AN II: I • - COUNTS fitcdf?OEfi 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 _ _ John Haedrich and Jack jf 6.00 MG1.00 required by an Application for nnp-i f>9 (R) and recorded on June 16, 1982 , as Document No. 82-185684 is hereby released for the following reason: /x7 Fees Paid and Obligation Satisfied /~7 Application Withdrawn /~7 Other A *? DATED: June 28. 1984 ATTEST: ALETHA L. RAUTENKRANZ, City Clerk APPROVED AS TO FORM: VINCENT F. BIONDO, JR., City Attorney By CITY OF CARLSBAD FRANK D. ALESHIRE, City Manager 'M: , City Attorney STATE OF CALIFORNIA) ) ss COUNTY OF SAN DIEGO) On 1865 , before me the undersigned, a Notary and 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, executed the same. WITNESS my hand and official seal. OFFICIAL SEAL KAREN-R: STEVENS Notary Puttie - California Principal Wfic* In San Diego County My Commission Enpini Sept 27,1985 82-185684 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, California 92008 •••>' lo<5)))) ) Space above Documentary ^7U^ | ",;! OFr/rh'L'f--/I OF SAND ~i( \i\^''" ' 1382 JUN 18 ft 2= I VFRAI .y;rj CDIJfJfy JvV^j.-'^r, this li-n£ for* Rtruorder"1 V"ufe. tran/fe^r tax: $ No fee 7/~&^ \ CA j 47 \ ej NO FEE _ Signature of ^declarant determining tax-firm name City of Carlsbad Parcel No. 211-040-19 AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR THE ' PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 12thday of May , 1 9 J*2 by and between _ John Haedrich and Jack Moorehead. _ (Name o"f Developer) a //()^(//2)U^'/S^ _ i hereinafter referred to as (Corpor at ion , partnership, etc.) "Developer" whose address is 6118 Paseo del Norte -(S Carlsbad, California 92008 (City, State, Zip Code) and William K. Davis Oq?/ugT£-- _ (Corpor a t i o n , etc.) "Owner" whose address is (Name <Tf Legal Owner) Corporation , hereinafter referred to as 1400 N. Bristol St. Suite # 245 (street) Newort Beach. Calif. 92660 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 Elm Avenue Carlsbad, California, 92008. • -v. 184 • RECITALS WHEREAS, Owner is the owner of the real property described on Exhibit "A", attached to and made a par.t of this agreement, and hereinafter referred to as "Property"; and WHEREAS, the Property lies within the boundaries of City; and WHEREAS, Developer has contracted with -Owner to pur chao c—t-h-e Property—a-»4 propose* a development project as follows; To expand rental1 space by 3500 sq. ft. in existing building and 400 sq. ft.produce cooler attached to exist, building. . . on said Property, which development carries the proposed name of Tip Top Meats and European Delicatessen. Inc. and Satsuma Farms. and is hereinafter referred to as "Development"; and WHEREAS, Developer filed on the 12 th. day of May > 19 82 , with the City a request for A 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 or. file with the City Clerk and incorporated by this reference); and WHEREAS, Developer, Owner and City recognize the .correctness of Council Policy No. 17 dated April 2, 1982, 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 -2- REV 4-2-82 185 WHEREAS, Developer and Owner have 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 and Owner are aware that the City cannot and will not be able to make any such findings without financial assistance to pay for such services and facilities; and, therefore, Developer and Owner propose 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 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 building or s.tructures 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 to Titles 18, 20 or 21 of the Carlsbad Municipal Code. Developer and Owner shall pay a fee for conversion of existing building 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 -3- REV 4-2-82 186 • • ,.,af 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 and Owner shall pay to 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 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 and Owner 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 and Owner 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 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 pursuant hereto are required to ensure the consistency of the Development with the 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 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. - " -A- u w \1 A — ') — ft 9 187 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 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. 6. All obligations hereunder 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 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 certifi.ed. 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. _ 5 — REV 4-2-82 188 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 City, and references to Developer, Owner 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. At such time as Owner ceases to have any interest in the 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 first assumed the obligations of owner in writing in a form acceptable to City. 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. -6- 4-2-82 189 IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. OWNER: William K. Davis Dav^s Developments^ ' ATTEST ALETHA L. RAUTEWRANZ City Clerk ' APPROVED AS TO FOR DEVELOPER: Tip Top Meats and Delicatessan Inc hn Haedrich Tip ffbp Satsuma Farms, owner CITY OF CARLSBAD, a municipal corporation of the State of California BY City Manager VINCE/NT FTBKJNDO, JR., City Attorney S: Hentschk^ Assistant (Notarial.acknowledgement of execution by DEVELOPER and OWNER must be attached.) SUBSCRIBED AND SWORN TO BEFORE ME THIS 12th day of MAY, 1982. Notary Pub^i^in and for the State of California, County of Orange. OFFICIAL SEAL ^ DONA REY JORDAN » NOTARY PUBLIC-CALIFORNIA » PRINCIPAL 2FFICalN ^ ORANGE COUNTY » !S Dec. 17, 1982 * ,*»***»******* — 7 _ REV 4-2-82 191 EXHIBIT "A1 LEGAL DESCRIPTION Portion of lot H map 0823 Parcelt-A - Parcel map No. 04279 Map No. PMO 4279 Document No. 376091 Recording date 11-7-80 Assessors Parcel No. 211-040-19 • TO 1944 CA (8-74) (Individual) STATE OF CALIFORNIA COUNTY OF SAN DIEGO t idI 111 0. K<DI I SS. 190 TITLE INSURANCEANDTRUST AT1COR COMPANY on Mav 28, 1982 State, personally appeared JOACHIM H. HAEDRICH before me, the undersigned, a Notary Public in and for said .whose name_ISto be the person, to the within instrument and acknowledged that_ executed the same. WITNESS my hand and official seal. Signature !_!17 known to me -subscribedhe rANETTE R. SOLORZANO -aasae^s!r«'..^1%. OFFICIAL SEAL Nanette R. Solorzano Notary Public - CalifPrincipal Office In ' SAN DIEGO COUNTY 1 22, 1983 (This area for official notarial seal) I 3 w6 STATE OF CALIFORNIA ^ COUNTY OF San Diego > ss. On May 13. 1982 . before me, the undersigned, a Notary Public in and for said County and State, personally appeared »JaCK W. , known to me subscribed to the executed the ISto be the person ~~~ whose name- within instrument and acknowledged that same. f SAFECO FOR NOTARY SEAL OR STAMP OFFICIAL SEAL CAROL A. REED I NOTARY PUBLIC-CALIFORNIA IPRINCIPAL OFFICE IN I SAN DIEGO COUNTY fj •| My Commission Expires November 19, 1984 |.ffliiiiiiraiiiiiiiiiiiiiiiiiiiiiuiiiiiHiiiiiiiiiiiiHiiuuuiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiniiiiiiiiiiiiiiiiiiiiiiiiiiiiR