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/~7 Application Withdrawn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