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HomeMy WebLinkAboutCT 84-06; Winners Circle Resorts International Inc; 84-126619; Public Facilities Fee Agreement/Release1090 84426619 . . RECORDING REQUESTED BY AND .--- ;r: {-‘(?liF,b. 1 j i:i a' WHEN RECORDED MAIL TO: r []Fj'[?ii(, I,ii,t,::i';,L'S I i Gf SAN ;;Ec.; [ J,?i 1 :'.ih. 1 CITY OF CARLSBAD 1200 Elm Avenue ; t984 APi? -6 hti 10: 13 Carlsbad, California 92008 v c. ;? I; a_ i_ . ; j c~lJ;yy j t. ~ '-I ;,k Space above this line f ---’ No FEE or Recorder's use Documentary transfer tax: $ No fee -It&w Signature of declarant determining tax-firm name City of Carlsbad Parcel No. 4?03- a-- &y/&+/2 &j&y- &C , / , AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this Jfdday of /&&my , 19af by and between WINNER'S CIRCLE RESORTS INTERNATIONAL, INC. (Name of Developer) a Corporation , hereinafter referred to as (Corporation, partnership, etc.) "Developer" whose address is p.0. Box 99 (Street) De1 Mar, CA 92014 (CltYs State, Zip Code) and James W. Keenan and Judy M. Kkenan (Name of Legal Owner) a , hereinafte (Corporation, etc.) "Owner" whose address is PO. Bw i/74/ . (Street) \ C&LJ&flD, c# -mfF (CltYs State, Zip/c ode) / 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. REV 4-2-82 1091 , a’ RECITALS 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 follows: a 132 unit vacation condominium, 66-unit hotel, restaurant & retail shops on said Property, which development carries the proposed name of and is hereinafter referred to as "Development"; and WHEREAS, Developer filed on the day of 19 , with the City a request for a tentative map, major condominium permit, conditional use permit and major redevelopment 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 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 accommodate the additional need for public facilities and services resulting from the proposed Development; and -2- REV 4-2-82 1092 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 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 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 c 1093 . 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. -4- REV 4-2-82 .- \r 1094 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 authorised 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 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- REV 4-2-82 . . ,* 1096 - IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. OWNER: DEVELOPER: Winners Circle Resorts International, Inc. TITLE President -- *- BY /I TITLE Gighature) ATTEST: (jlla!%i.[& 'ALETHA L. RAUTENKRANZ Citv Clerk CITY OF CARLSBAD, a municipal corporation of the State of Californi . BY City Manager APPROVED AS TO FORM: VINCENT F. BIONDO, JR., City Attorney STATE OF CALIFORNIA COUNTY OF &It &I&#* > SS. On this A3 day of p&$ , in the year&, before me, the undersigned, personally appeared personally known to me (or proved to me on the basis of satisfactory evidencej to be the person whose name is subscribed to this instrument, and acknowledged that he (she or they) executed it. Signature Notary Public in and for said Cob and State I FOR NOTARY SEAL OR STAMP I TERI ROUSH I 1’ ,/ <,’ !‘,;, ‘, ‘.,! lJBTARY PL’i3L iC - Cpll, I-OEPJIA ,i ,I’ SAN LY::GO CC!!NIY i My comm. Pyn!:“E Ir:L 11 Ic:ZS ,,, - ._ _ _,: .,.. :, i--s-.,~-r I -... :; . REV 4-2-82 2 t , iii z? c-b . 5 g E ‘2 P E 5 V ) ss. before me, the undersizxned, a Notary Public in and for s id County and State, personally appeared a&--, known to me to he the -President, and-- --, known to me to be Secretary of the corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. Signature . FOR NOTARY SEAL OR STAMP s:y: [);:co C~i%iY p vy ~:?r!?,:;. crpivs .ifIL 11, 19% I! ‘. _: y: __ 4 ATTORNEY IN FACT, ACKNOWLEDGMENT i5 :‘=L+ 4 ‘:#f.&~($ Tlk &gpJr-“l : <‘, . .* STATE OF CALIF > ‘CL j._, ss. COUNTY OF before me, the undersigned, aJotary Public in County, California, personally appeared dd M(c c known to me to b the person whose name is subscribed to the within instrument, as the Attorney in Fact of !yJ M b k&E hfN I - and acknowledged to me that -subscribed the name-of s-(Ap)y b-J* kGEflAti thereto as principal-, and- Fon C-11 c w-w-- OFFICZAL SEAL PAIN A RULE 9 (JOTARV PUBLIC - CAUFORNIA SAR DIEGO C&If43 ‘My comm. exrhs IAN 198F F - --F f-t?liS JI’OJ br 0ffkl.t IlJbl’tJt rut) EXHIBIT "A" LEGAL DESCRIPTION That portion of Tract 97 of CARLSBAD LANDS, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1661, filed in the Office of the County Recorder of San Diego County; and all that portion of Blocks 14 and 15 of Town of Carlsbad, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 535, filed in the Office of the County Recorder of San Diego County; and those portions of Ocean Street and Garfield Street as shown on said Map and as closed to public use, described as follows: Beginning at the most Southerly corner of said Block 14 of the Town of Carlsbad; thence Southwesterly along the extended Southeasterly line of said Block 14, a distance of 24.47 feet; thence Northwesterly in a straight line to the Northwesterly corner of said Block 14; thence Northeasterly along the Northwesterly line and the Northeasterly prolongation thereof to the most Westerly corner of Tract 97 of said Carlsbad Lands; thence continuing Northeasterly along the Northwesterly line of said Tract 97 to a point which bears South 55"16'00" West, 5.00 feet from the most Northerly corner of said Tract 97, said point also being on the Westerly line of a 100.00 foot strip of land conveyed to the State of California, for highway purposes by deed recorded March 20, 1934 in Book 288, page 15 of Official Reocrds; thence Southerly and Southwesterly along the Westerly line of said State Highway to the Southerly line of said Block 16; thence Westerly along said Southerly line and prolongation thereof to the Southeasterly corner of Block 14 of Town of Carlsbad; thence Westerly along the Southerly line of said Block 14 to the Point of Beginning.