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HomeMy WebLinkAbout; 2921 Roosevelt Limited; 2023-0063343; Other':. .. , RECORDING REQUESTED BY: DOC# 2023-0063343 111111111111 lllll 111111111 11111111111 lllll lllll lllll 111111111111111111 City of Carlsbad WHEN RECORDED MATL TO: City of Carlsbad Building and Code Enforcement Division 1635 Faraday Avenue Carlsbad, CA 92008 --------- Mar 13, 2023 10:30 AM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $41 .00 (SB2 Atkins: $0.00) PAGES: 10 (Space above for recorder's use) CODE COMPLIANCE AGREEMENT CODE CASE: 2019-0158 APN: 203-292-10-00 PROPERTY OWNER: 2921 ROOSEVELT LIMITED, A CALIFORNIA BUSINESS TRUST J~is CODE MPLIANCE AGREEMENT ("Agreement") is entered into this L/ day of -L-~~..,__ ___ , 2022, by and between the CITY OF CARLSBAD, a municipal corporation (" ity"), and 2921 Roosevelt Limited, a California Business Trust, as the owner of real property located at 2921 Roosevelt Street, Carlsbad, California ("Property Owner"), and is made with reference to the following: A. Property Owner is the legal owner of certain real property in the City of Carlsbad, in the County of San Diego, California, located at 2921 Roosevelt Street, APN 203-292-10-00 ("Property"). B. Between April 11 , 2019 and July 12,2019, Property Owner received from the City multiple notices of violation and four ( 4) administrative citations for Code Case No. 2019- 0 158 ("the Code Case"), which set forth the following Carlsbad Municipal Code ("CMC") violations along with corrective actions for the Property: ( 1) unlawful placement of solid waste in violation of CMC 6.08. l 00, (2) nuisance of real property in v iolation of CMC 6.16.010, (3) unauthorized temporary structures and storage containers (storage buildings) in violation of CMC section 21.35.040 (which incorporates the Village and Barrio Master Plan by reference) and (4) unauthorized storage of a large RV/camper vehicle in violation of CMC 2 l.45.060(C.12) (which incorporates the Village and Barrio Master Plan by reference). The outstanding administrative fines and late penalties for the four administrative citations totaled $5,200. C. Property Owner has voluntarily corrected all violations for the Code Case, except as outlined in the Mutual Agreement set forth beginning on page 3 of this Agreement. D. The City and Property Owner (hereinafter "the Parties") acknowledge that Property CA Approved: 10/12/21 ' Owner contends that any notice of violations and/or administrative citations referred to in the Agreement were issued improperly. The Parties further acknowledge that the City contends that any notice of violations and/or administrative citations referred to in the Agreement were issued properly. Neither Party to this Agreement admits to any liability or wrongdoing for any action or inaction that led to the issuance of any notice of violations and/or administrative citations referred to in the Agreement. E. Property Owner contends that any violation of CMC 21.35.040 (unauthorized temporary structures and storage containers (storage buildings) in Village Center area), was created or occurred prior to Property Owner's acquisition of the Property. Property Owner further contends that the storage buildings were built in the 1920s and were "in compliance" when built. Therefore, Property Owner contends that the storage buildings should be "grandfathered" and not subject to current provisions of the CMC and Building Code provisions that would otherwise apply. Property Owner agrees, however, that as the current Property Owner, it will remedy as of yet unnoticed and uncited Building Code violations related to unpermitted electrical and mechanical systems in the storage buildings, as set forth in the Mutual Agreement. In exchange, City agrees to the enforcement waivers as set forth in the Mutual Agreement. F. City Council for the City has detennined that the enforcement of the CMC and applicable state codes throughout the City is an important public service and is vital to the protection of the public's health, safety and quality of life. G. City Council for the City has detennined that there is a need for alternative methods of code enforcement and that a comprehensive code enforcement system uses a combination of judicial and administrative remedies to gain compliance with CMC, land use and state code regulations. H. By entering into this Agreement, the Parties desire to resolve those issues presented in the Code Case which are outlined in this agreement. I. Because of Property Owner's voluntary compliance thus far, the City froze collection efforts of the outstanding $5,200.00 in penalties so that no additional penalties, late penalties, or collections efforts accrued pending resolution of Code Case No. 2019-0158 via this Agreement. The City agreed to accept a reduced payment of $3000.00 from Property Owner in full satisfaction of the outstanding· penalties owed in this Code Case No. 2019- 0158, which was received on or about June 7, 2021. The City released Code Case No. 20 I 9- 0158 from the City's collection agency's database once the entire discounted balance of $3000.00 was received. This release will prevent the collection agency from referring Property Owner's unpaid fines to the Franchise Tax Board for income tax collection purposes. J. This Agreement is separate from and is not intended to address a lawsuit filed by Property Owner on July 24, 2019, docketed in the Superior Court, San Diego County, as Case No. 37-2019-00038036-CU-BT-NC. K. This Agreement is being entered into after anns-length negotiations between the Parties, 2 CA Approved: J/22/22 -- in absolute good faith and in a spirit of settlement and compromise. It is based upon the infom1ation and facts learned in the course of enforcement efforts, investigation, uncertainty of litigation, costs of litigation and the desire of the Parties to reasonably senle Code Case No. 2019-0158, as between themselves, on the terms and conditions set forth in this Agreement. All of the negotiations and correspondence between the Parties related to the negotiation of this Agreement shall be deemed to be settlement negotiations and subject to Evidence Code section 1152. L. Property Owner has voluntarily agreed to comply with the remaining corrective actions as set forth in the Mutual Agreement. M. Property Owner has agreed to execute this Agreement to provide assurances to the City that Property Owner will remain in compliance with all applicable CMC, state codes and land use permit conditions, with the exception of the waivers of enforcement agreed to by the City in Paragraph 6 of the Mutual Agreement. Property Owner shall consent to the imposition of any remedy authorized by the Carlsbad Municipal Code, and with the understanding that the City will conduct ongoing inspections for a period of 12 months from the date of execution of this Agreement to ensure compliance as determined appropriate by the City. NOW, THEREFORE, it is mutually agreed by and between the City and Property Owner as follows: I. Initial Code Violations. Beginning on May 10, 2019, Property Owner was notified of the 2. following conditions on the Property which the City determined were not in compliance with the CMC as follows: a. Unlawful placement of solid waste in violation of CMC 6.08.100--Junk and debris on the exterior of the Property, including but not limited to appliances, inoperable vending and game machines and other bulky waste; construction waste; b. Nuisance of real property in violation of CMC 6.16.0 I 0-Property maintained in an unsightly manner which is adverse and detrimental to the immediate vicinity; excessive solid waste, as well as the existence of inoperable or abandoned vehicles, broken items, electrical cords and other items lhat attracts trespassers and other criminal activity; ·· c. Unpem1itted temporary structures or storage containers in violation of CMC section 21 .35.040--Exterior of Property contains five unpermitted storage buildings that were not constructed pursuant to a permit and which contain unpermitted electrical and mechanical wiring/work; d. Unauthorized storage of an RV/camper vehicle in violation of CMC 2 1.45.060(C.12)-RV stored in rear of Property in public view. Initial Compliance Deadlines. The compliance deadlines and fine payment due 3 CA Approved: 3/22/22 I dates for the four citations totaling $5,200.00 issued for violations of CMC 6.08.100 and CMC 6.16.100 expired as of July 19, 2019. The compliance deadline for the Notice of Violation issued for violations of CMC 21.35.040 and CMC 21.45.060(C.12) expired as of August 20, 2019. 3. Outstanding Code Violations. On August 9, 2019, the City conducted a voluntary site inspection and observed many of the cited CMC violations corrected or partially corrected. During this site visit, Property Owner was notified verbally and by way of letter of outstanding violations to be corrected, as well as suggested corrected actions to comply with CMC sections 6.08.100, CMC 6.16.100, CMC 21.35.040 and California Building Code section 105.1. On August 13, 2019, the City placed a temporary freeze on collection efforts on the outstanding $5,200.00 in fines and penalties as a measure of good faith during settlement negotiations. On October 25, 2019, afier having the opportunity to correct some of the violations, Property Owner again met with the City and discussed mutually agreeable corrective actions. Since this date, Property Owner has substantially corrected the initial violations under CMC sections 6.08. l 00, 6.16.100 and CMC 21.45.060(C.12). Property Owner and the City have also met and conferred on numerous occasions since the October 25, 2019 meeting to discuss the contents of this Agreement, including mutually agreeable corrective actions. 4. 5. 6. 7. Payment of Outstanding Fines and Penalties. On or about June 7, 2021, the City received from Property Owner a reduced payment in the amount of $3,000.00. The City agreed to accept this reduced payment in full satisfaction of the outstanding penalties owed in this Code Case No. 2019-0158. Upon receipt of this payment, the City released Code Case No. 2019-0158 from the City's collection agency's database. Licensed Professionals' Certifications. As of February 22, 2022, Property Owner has provided to City three affirmations from licensed professionals that all five of the storage buildings' electrical, mechanical, and plumbing systems meet all applicable electrical, mechanical, and plumbing codes. City's Building and Code Enforcement Manager reviewed said affirmations and determined that they are satisfactory to City. Property Owner now agrees to make no changes or alterations to the storage buildings in the future, unless approved by City. in advance. Property Owner further agrees that the storage buildings will not be used for any other purpose other than property storage. 1f Property Owner, any future owner of the Prope1ty or any land developer submits plans to change or alter any aspect of the subject parcel or neighboring parcels, including the storage buildings, Property Owner understands that it is subject to the standard conditions and requirements that would be required for the type of application submitted. The City now agrees, in exchange for Property Owner's full compliance of the conditions set forth in the Mutual Agreement, to: a. Waive land use/zoning enforcement with regard to the existence of and current location of the storage buildings, so long as this location remains unchanged, the storage buildings are not used for any other purpose other than property storage and the storage buildings remain unaltered (unless altered for Building Code correction purposes). The City also agrees to waive enforcement for lack of a Building Permit. However, as set forth in paragraph 5c of the Mutual Agreement, any land development application that may alter the subject parcel or neighboring parcels may 4 CA Approved: 3/22/22 8. result in conditions of approval or other requirements that the city will be obligated to enforce as necessary. b. Enforce applicable law to keep homeless persons off the Property. Property Owner agrees to maintain a "no trespass order" for the Property, lasting one (I) year in duration, with the Carlsbad Police Department and to contact the Carlsbad Police Department for any homeless trespassing activity on the Property. City agrees to respond accordingly to cause the removal of any unlawful trespassers. c. Waive any pennit fees that would otherwise be applicable or required for Property Owner to comply with the tenns of this Agreement. Closure of Code Compliance Case. As a result of Property Owner's actions towards code compliance as stated in Paragraphs 4 and 5 of the Mutual Agreement, and upon execution of this Agreement, the City will close Code Case No. 2019-0158 and record a Certificate of Compliance against the property to replace the currently recorded Certificate of Non- compliance. The tenns of this provision does not extend to any other prior or future code cases associated with the Property and/or Property Owner, nor to any outstanding fines or late penalties associated with such code cases, nor to other outstanding obligations that Property Owner or persons or entities associated with the Property may still have vis-a-vis the City. 9. Continuing Compliance with City Regulations. Property Owner has voluntarily entered into this Code Compliance Agreement. Property Owner has voluntarily agreed to correct said violations as stated by the City by the dates set forth herein and will remain in compliance with all applicable CMC, land use pennits, and related regulations. l 0. Compliance Inspection. At the scheduling discretion of the City, the City may inspect the subject Property following completion of corrective work to determine if Property Owner remains in code compliance. 11 . Remedies for Non-Compliance. The consequences to Property Owner for non- compliance at any time during the tenn of this Agreement include, but arc not limited to: criminal prosecution, civil injunction, administrative abatement, administrative citations, revocation of permits, recordation of notices of violation and recordation of certificates of noncompliance as set forth in CMC section 1.10.030. 12. Waiver of Rjght to Notice.-As Property Owner and the responsible party for the stated code violations, Property Owner understands that he, she or it has the right to be served with a notice of violation, notice and order or stop work order for any violation identified in this Agreement, and has the right to administratively appeal any such notice and order or stop work order, and that he, she or it is knowingly and intelligently waiving those rights by executing this voluntary Code Compliance Agreement with respect to the issues raised in this Agreement. Property Owner hereby agrees that the City may immediately pursue any and all remedies, if appropriate and necessary, to ensure compliance with this Agreement and to correct the code violations cited in this Agreement without further notice to Property Owner. 13. Mutual Release of all Parties: Upon satisfaction of Paragraph 5 of the Mutual Agreement, the Parties, on behalf of themselves, their representatives, assigns, successors, agents, heirs, 5 CA Approved: 3/22/22 ~ insurance carriers, officers, employees, directors, trustees, board members, affiliates, executors and administrators hereby release and discharge all Parties to this Agreement and their representatives, assigns, successors, agents, heirs, insurance carriers, officers, employees, directors, trustees, board members, affiliates, executors and administrators from any and all actions, causes of compensation, costs, expenses, liens, and attorneys' fees, whether or not contingent, unliquidated, or unmatured, known or unknown, arising out of, concerning, resulting from or relating to any claims which were the subject of the Code Case, as referenced above. 14. Notices. All notices required pursuant to this Agreement shall be in writing and may be given by personal delivery or by registered or certified mail, renim receipt requested, to the party to receive such notice at the addressed set forth below: TO THE CITY OF CARLSBAD: City of Carlsbad Code Enforcement Division 1635 Faraday A venue Carlsbad, CA 92008 Robbie.hickerson@carlsbadca.gov TO THE PROPERTY OWNER: 2921 Roosevelt Ltd., a California Business Tmst 815 Civic Center Drive Oceanside, CA 92054 kelsallassoc iates@gmail.com Any party may change the address to which notices are to be sent by notifying the other party of the new address in the manner set forth above. 15. Integrated A1rreement. This Agreement constitutes the entire Agreement between the parties and no modification hereof shall be binding unless reduced to writing and signed by the parties hereto. 16. Duration of Agreement. This Agreement shall remain in effect from the date of execution and tem1inate 12 months after the date of execution. This Agreement, and any section, subsection, or covenant contained herein, may be amended only upon the written consent of the Property Owner and the Building and Code Enforcement Manager o r the Code Enforcement Program Manager. 17. Recording of Agreement. T he parties hereto shall cause this Agreement to be recorded against the Property in the Official Records of the County of San Diego. If all conditions required of Property Owner have been met, the City shall from time to time, and upon the request and at the expense of Property Owner, execute such documentation in recordable form which is reasonably necessary to show that Property Owner has met the level of performance as set forth 6 CA Approved: 3/22/22 .· within this Agreement, and such documentation may be recorded by Property Owner in the Official Records of the County of San Diego so as to not unfairly cloud the title to such Property. 18. Scverability. In the event any limitation, condition, restriction, covenant or provision contained in this Agreement is to be held invalid, void or unenforceable by any court of competent jurisdiction, the remaining portions of this Agreement shall nevertheless be and remain in full force and effect. IN WlTNESS WHEREOF, the parties hereto have caused this agreement to be executed as of the day and year first above written. PROPERTY OWNER, 2921 Roosevelt Ltd., a California Business Trust By: jeu,,,J/~W (Signature) Samuel Kelsall rv, Executive Trustee Dated: ~~ 1 t{:>i---V CITY OF CARLSBAD By~ • -- (Signature) Robbie Hickerson, Code Enforcement Manager Dated: ,;;?#,,7 2-~, 202""2___ (Proper 110/arial ack11ow/edgme11t of exec11tio11 by both Parties must be attached.) APPROVED AS TO FORM Celia A. Brewer, City Attorney By~~ Marissa Kawecki City Prosecutor/Deputy City Attorney Dated: ls>W 'l '2- 7 CA Approved: 3/22/22 within this Agreement, and such documentation may be recorded by Prope1ty Owner in the Official Records of the County of San Diego so as to not unfairly cloud the title to such Property. 18. Severability. In the event any limitation, condition, restriction, covenant or provision contained in this Agreement is to be held invalid, void or unenforceable by any court of competent jurisdiction, the remaining portions of this Agreement shall nevertheless be and remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed as of the day and year first above written. PROPERTY OWNER, 2921 Roosevelt Ltd., a California Business Trust Byrd~ Samuel Kelsall IV, Executive Trustee Dated: ~-3o -;). o 2.Z... CITY OF CARLSBAD By:------------- (Signature) Robbie Hickerson, Code Enforcement Manager Dated: ----------- (Proper notarial acknowledgment of execution by both Parties must be attached.) APPROVED AS TO FORM Celia A. Brewer, City Attorney By: _________ _ Marissa Kawecki City Prosecutor/Deputy City Attorney Dated: ----------- 7 CA Approved: 3/22/22 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to w hich this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Caljfornia Gou nty of ':::>0cc-, ~ lr\ w:::~ oD On \) .. -~0 -±:::0 ~b before me, '-N-el"'<~ A. ~a~{ri 14D~Pub\\C.,, (inse name and fothe officer) personally appeared ~L,\•( . .,\ \l-e.. \s'i, \\ \ V who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ........ , No:~N:u~~~ ~~~;o~nia ( ~an ~rnardtno County ~ Commtsslon II 2358849 - 1 Cflrt\111, iJII lft1 Ma 25, lOlS -·--·~ ................ , Signature ~~,:\ 4, ::::1, ',t:~)\ (Seal) CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 00000880a11J11:o o:o o:e rn1 a 1:08000:0C10:CJtaJ0:01 ,:c o o@ mo1 m 1ca 1:oo:oco:o:omurt1BO=e1ouooo1 c1 coma 00 o a a aJOe=oooooo A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California Countyof ~~ b\~ } before me, r::::--·,\,,v, '~ r IIVfW"'--" • wvVvv, v-\ J 1 '1v ,v • \· On M. ~ 2--?, 1 1,/i 2, L Date personally appeared ~O Vv\o\' B,. W Here Insert Name and Title of the O t---Ali k'o'{V , Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(J;) whose name~ is/a~ subscribed to the within instrument and acknowledged to me that he/s)>l'e/tt{ey executed the same in his/t):er/t~ir authorized capacity(i~). and that by his/t"ler/t~ir signature~ on the instrument the perso~. or the entity upon behalf of which the person~ acted, executed the instrument. KAYLIN 8RIANN[ MCCAULEY Notary Pub/le • California i San Ditgo County C Comm/11/on # 228◄6◄ 7 My Comm. [xplr~1 Apr 8, 2023 Place Notary Seal and/or Stamp Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature l'-'1~fr'""TJ/vvvr., · • LP v •v ,' OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document ~ Title or Type of Document: Lk:JOJ-C&M~h 1',J/\ (A., It') v Document Date: ____________________ Number of Pages: ___ _ Signer(s) Other Than Named Above: _______________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: D Corporate Officer -Title(s): ______ _ Signer's Name: o Corporate Officer -Title(s): ______ _ o Partner -o Limited o General o Partner - o Limited o General o Individual o Attorney in Fact o Trustee o Guardian or Conservator o Individual o Attorney in Fact o Trustee □ Guardian or Conservator D Other: D Other: Signer is Representing: _________ _ Signer is Representing: _________ _ 0:(10:1 oow:CD a IOOOOOOCO:o:oa 10:tJCOOOtODlOOOOCfJO@J}:a :1 111 c:o B 1J11:11:olJ00:8(J:O(ffla I o:o D tl0800006U98 OllOOI 180000 ©2018 National Notary Association ?V\1o li'v