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Home My WebLink AboutSDP 80-11; ECKE, PAUL/PEA SOUP ANDERSENS; 89-070165; Public Facilities Fee Agreement/Release••* I"ft 1433 2-17Recording Requested By ' \' •.. ..'•'- '• and Return To: " . • .:' CITY OF CARLSBAD I 1200 Elm Avenue - Carlsbad, CA 92008 RELEASE OF AGREEMENT TO PAY PUBLIC FACILITIES FEESr ""' 'L • —•"•-' —- PLEASE TAKE NOTICE that the Agreement For Payment Of Public Facilities ees between the City of Carlsbad and Ecker Paul & Pea soup Andersena (82-36) required by an Application for SDP-80-11 , as Document No. 82-148969 and recorded on is hereby released for the following reason: |xxj Fees Paid and Obligation Satisfied j | Application Withdrawn |~l Other DATED: 12/13/88 CITY OF CARLSBAD By MARTIN ORENYAK y Community Development Director ATTEST: ALETHA L. RAUTENKRANZ City Clerk APPROVED AS TO FORM: VINCENT F. BIONDO, JR. Citv Attorney OVEO AS TO FORM: 5HT F. BIONDO, JR., CITY ATTORNEY WONALD R. BALL 1434 STATE OF CALIFORNIA ) ) ss COUNTY OF SAN DIEGO ) On January 11, 1989 , before me the undersigned, a Notary Public in and for said State, personally appeared Aletha L. Rautenkranz , known to me to be the City Clerk 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, California, executed the same. WITNESS my hand the official seal. 0"'ICUL SEAL * KAREN R. KUNDTZ I N°TAcRY PUB<-IC-CAL!FORNIA *SAN DIEGO COUNTY * My Comm. Exp. Sept 27 1989P1989 991JL 82-14896-9 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, California 92008 IGF 5 Space above this line for Recorder's use NO FE6 Documentary transf/err tax: $ No fee , L- -, .._-g— _-..*- TV. _ II_T ..._IMI_T/_ -- Signature of declarant determining tax-firm name City of Carlsbad Parcel No.-/3 V / < AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this by and between - __ _ Pea Soup Andersen's __ day of April 1982 corporation (Corporation, partnership, etc.) "Developer" whose address is P.O. Box W (Name of Developer) , hereinafter referred to as (Street) Buel1 ton, CA 93^27 and (City, State, Zip Code) Mr. Paul Ecke an individual (Name of Legal Owner; , hereinafter referred to (Corporation, etc.) "Owner" whose address is P.O. Box 488 (Street) Encinitas, CA 92024 (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. • ' .' • ' . RECITALS . ,.Q( Ql2 . • WHEREAS, Owner is the owner of the real property described on Exhibit "A", attached to and made a part 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 purchase the Property and proposes a development project as fo1lows: a restaurant, motel, service station and convenience store on said Property, which development carries the proposed name of PEA SOUP ANDERSEN'S TRAVEL CENTER and is hereinafter referred to as "Development"; and WHEREAS, Developer filed on the 21st day of Apri 1 1982 - , with the City a request for an amendment to the Site Development Plan ; : • S^/7 /O -// 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 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 a c c o mm odate the additional need for public facilitiesand services resuIt ing from the proposed Development; and _ 2 — REV 4-2-82 ' " ;, . . * ' 993- 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 impleraented•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 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 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 25 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 projects, shall not refer to grading permits or other permits for the construction of underground or street improvements u.nless 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. PRV A.-7- O O-". • «7 ».-. . ••- ,,if 4 . City agrees to deposit the fees paid pursu an t to this agreement in a public facilities fund for the financ.ing 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 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. -5- REV 4-2-82 996 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 - accept ab le 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. Ill * -6 PF.V 4-2-82 997- IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. OWNER: PAUL ECKE, SFL DEVELOPER: PEA SOUP ANDERSEN'S BY TITLE Executive Vice President BY TITLE ATTEST : |O V\v/^/<-A>rj^ ALETHA L. RAUTENKRANZ City Clerk APPROV- CITY OF CARLSBAD, a municipal corporation of the State of California BY City Manager \~7— ^ \lI /*/!/ •*—Daniel G. I lentaghKe, AssistantVINCENT F. BIONDO, JR., City Attorney (Notarial acknowledgement of execution by DEVELOPER and OWNER must be attached.) -7- REV'4-2-82 999 EXHIBIT "A1 LEGAL DESCRIPTION certs. / STATE OF CALIFORNIA >- COUNTY OF San Djpgn :;,o >3 April 29, 1982 'i said State, personally appeared P 9 U 1 Ecke , S_T_._ -, before me, the undersigned, a Notary Public in and for ,~ known to me to be the person.whose name 1 S ~ subscribed to the within instrument and acknowledged to that b_e ? ^o WITNESS BiyRand and official seaL^-v | Signature. I U^W \TO executed the sa TORDI8PAPLOW NOTARY PUBLIC - CALIFORNIA nUNOPAl. OFFICE IN SAN DIEGO COUNTY My CammlMleii CvptoM OM. «, Tordis Paplow Name (Typed or Printed)(This area for official notarial seal) STATE OF CALIFORNIA COUNTY OF San Diego April 28, 1982 _, before me, the undersigned, a Notary Public in and for _u said State, personally appeared.S.U. Wells known to me to be ^ Exec . Vi C6 p^.^ XrJ6XXXXXXXXXXXXXXXXXXXXXXXXXXXt /V/LX/XXi/UlLX/XlAXtAX XX XXXXXXXXX X&XAA/W the corporation that executed the within instrument, and known to me to be the person$( who executed the within • instrument on behalf of the corporation therein named, and ac- knowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS myhftnd and official seal. . o Signature 'AO Tordis Paplow TORDI3 PAPLOW NOTARY PUBUC — CALIFORNIAPRINCIPAL OFFICE IN SAN DIEGO COUNTY tomoitofcMi EKpin* DM. 9, IMS Name (Typed or Printed)(This area for official notarial seal)