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HomeMy WebLinkAboutRP 85-19; Sea Horse Investments; 85-375186; Public Facilities Fee Agreement/Release‘;; ‘f :3 -7s-1,~b :t . . , . 1 i - *-- 594 AND ) 85?3 : Alli -- . i;E','ORDING REQUESTED BY WHEN RECORDED MAIL TO: CITY OF CARLSRAD m-. 1200 Elm Avenue Carlsbad, California 92008 I RSCORDED iN- OFFUAt RECORDS 2 CF $hH ;1IEGo CGUH?‘I, :I/!.$ K%ti ET -9 A# II: 40 ,der's use Documentary transfer tax- n---w $ Signature of declarant determining tax-firm name City of Carlsbad Parcel No. 203-172-13/203-172-22 AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this lstday of July , 1985 by and between Sea Horse Investments, A General Partnership (name of developer-owner) a General Part-D , hereinafter referred to as (Corporation, partnership, etc.) "Developer" whose address is 3138 Roosevelt, Suite K (street) Carlsbad, CA 92008 (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 120 Carlsbad, California, 92008. WITNESSETH: WHEREAS, Developer is the owner of the real property described on Exhibit "A:, attached hereto and made a part of this agreement, hereinafter referred to as "Property"; and WHEREAS, The Property lies within the boundaries of City; and WHEREAS, Developer proposes a development project as follows: Commercial/Hotel with underground parking. REV 4-2-82 4” t. 595 . . . . ;ti said Property, whicn development carries the proposed name of s . Carlsbad Boulevard Hotel and is hereafter referred to as "Development'; and WHEREAS, Developer filed on the day of , 19 , with the City a request for MTinr Rpdevel npnt 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 is incorporated by this reference); and WHEREAS, Developer and City recognize the correctness of Council Policy No. 17, dated April 2, 1982, in 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 WHEREAS, Developer has 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 is aware that the City cannot and will not be able to make any such finding without financial assistance to pay for such services and facilities; and therefore, Developer proposes to help satisfy the General Plan as implemented by Council Policy No. 17 by payment of a public facilities fee. -2- REV 4-2-82 .iJ 596, . , NOW, THEREFORE, .n consideration of the re cals and the covena,nts contained herein, the parties agree as follows: 1. Th&.Developer 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 shall pay a fee for conversion o f 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 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 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. -3- REV 4-2-82 * - 597- . . 2 . . The Developer 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 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. 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 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. -4- REV 4-2-82 b. 598 - . I ’ 6. All obligati\ s hereunder shall terminaL 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. : a. This agreement shall be binding upon and shall inure to the benefit of, and shall apply to, the respective successors and assigns of Developer and the City, and references to Developer 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. 9. This agreement shall be recorded but shall not create a lien or security interest in the Property. When the obligations of this agreement have been satisfied, City shall record a release. -5- REV 4-2-82 . IN WITNESS WHEREOF, this agreement is executed in San Diego County, Calif-Grnia as of the date first written above. DEVELOPER-OWNER: CITY OF CARLSBAD, a municipal corporation of the State of California BY City Manager Angelo Garofolo Partner/Developer Partner/DeveloPer (Trtle) t fc u&t /Lc. . . ATTEST: APPROVED A _. VINFENT F. BIONDO, JR., City Attorney (Notarial acknowledgement of execution by DEVELOPER-OWNER must be ‘ attached.) t , REV 4-2-82 -6- . . < .- < . * : -, .# 600 - IN WITNESS WHEREOF, this agreement is executed in San Diego County, Calif-&nia as of the date first written above. DEVELOPER-OWNER: Sea Horse, Inves-Qnpts BY CITY OF CARLSBAD, a municipal corporation of the State of California / , (Title) . 4 ATTEST: . I) ALETHA L. RAUTENKRANZ, City Clerk . . APPROVED AS TO FORM: * ' VINCENT F. BIONDO, JR., City Attorney (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) -6- REV 4-2-82 +r .,._ ,.. . l . . . . . * IN WITNESS WHEREOF, this agreement is executed in San Diego County, Calif-Grnia as of the date first written above. DEVELOPER-OWNER: Sea Horse Investments CITY OF CARLSBAD, a municipal corporation of the State of California (Title) BY (Title) , "ATTEST: ALETHA L. RAUTENKRANZ, City Clerk APPROVED AS TO FORM: L ,YINCENT F. BIONDO, JR.., , City Attorney (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) -6- 'REV 4-2-82 SAFECO TITLE INSURANCE STATE OF CALIFORNIA San Diego I ss. couN-lYoF onuliithe Third &Yaf July 19&beforerne,the~,aNataryPubticinandfor saidState,permdysppeared A. Yasukochi ~personsJtyknowntomeorpfovedto meonthebasisofsatisfactofyevdencetobetheperson-who executed ths within instrument as of pattners of the partnerrhip that executed the within insbnent, and acknowMgedtomethatsuchpartneMipexeadedth8same. WITNESS my hand and official seal. STATEOF CALlFORNl& _ I FOR NOTARY SEAL Of3 STAMP NzTARY PUOLIC . WIFORNU ~!WC:FtH OFFICE IN SAN &ifCO coum MY &mhsicn Exp. Sept. 5, 1981 .I?,~.‘lr,“:~~g~~~~~~~~~ San Diegp couNmoF- . onthiithe dayof 1985 . beforeme,theudeAgnd,aNotaryPublicinandfor ~s~,personallyappeared Charles F. Rowe. John J.Trutti and Annelo Garofolo ,pelmalyknDwntomeorprovedto meonthebasiiofsatisfadotyevidefWtobettlepsrsonswtm executed the within instrument as of paItnefs of the parbemhip that executed the wtthin instrument, and acknowleclged to me that such partnership exeaned the same. WITNESS my hand and ofkial seal. l%ll NOTARY SEAL OR STAMP b~~~~~~~~~=~~~~-~~~~~~~~ fJQP&R. NEWMAh H’:TAEY FWLIC. CRLIFORNM P~?!NC:PAL OFFICE IN m DICCO COUW ; i My l&nmissiol Exp. Sept. 5, 1987 # n SAFECO TITLE INSURANCE STATE OF CAUFOFMA couNTyoF San Diego I 5s. onnllsthe Third Jul H-e saidState,pewmaRyappeamd Ear1 l u tz 192&bekreme,theundw@ed,abtaryPbtiiinandfor - - .ttw!3od)vknowntomeorDrovedto -,- meontheba&ofsatisfa&&dencetobetheperson~who executed the within instrument as of partner-s of the partwfdip that executed the within instnment. and v to me that such partnership exeaMt the same. WITNESS my hand and official seal. ,o R” Signature FOR NOTARY SEAL OR STAMP OFFICIAL SEAL “, BONNlE R. NEWMAN ’ HOTMY PUlllC _ CALIFORNIA PR!NCIPAL OFFICE IN SAN cm0 COUNTY Mv Commission Exr~. Sept. 5. 1987 # .- ( , _. . : . . . All that portion of San Diego, State of filed in the Office 15, 1894, described +- 6(- EXHIBIT "A" LEGAL DESCRIPTION Block 5 of Carl&ad, in the City of Carl&ad, County of California, according to Amended. Map thereof No. 775, of the County Recorder of said San Diego County, February as follows: -CIIVZ at the rrostwesterly comer of said Block 5; thence North 55023'25" East, 20.00 feet along Beech Avenue to the TRUE POINT OF BM;INNING: thence con- tinuing North 55O23'25" Fast, 95.00 feet; thence South 34O38'25" Fast, 200.10 feet: thence Ybrth 55O25'58" Fast, 100 feet mOre or less to the Northwest comer of the portion of said Block 5 conveyed by C.B. Brennerman to Helen R. Knowles by Deed. dated February 17, 1899 and Recorded, in book 276, page 200; thence Southeasterly along the Southwesterly line of said land conveyed to mowles for a distance of 200 feet to the Southasterly line of said Block 5; thence Southwesterly along said Southeasterly line 100 feet; thence Northwesterly at right angles to said Southeasterly line 100 feet: thence Southwesterly 115 feet rr0re or less to a point on the Southwesterly line of said Block 5 which is 100 feet Northwesterly frcxn the most Southerly comer of said Block 5; thence Northwesterly along said South- westerly line 100 feet; thence Northeasterly at right angles to said Southwesterly line 20 feet to the Irost Southerly comer of Parcel Nunber 2 of City of Carl&ad Lot Split Map Nunber 71, Recorded February 20, 1969 as DocLnnentNr&er 3364 of Official Records; thence North 34°33'OO" West, 200.00 feet to the TRUE POINT OF BEGINNING. PARCEL 2: An easement for road and public utilities and appurtenances thereto, over, under, along and across the Southwesterly 5 feet of the following described land: BEGINNING at a point on the Northwesterly line of said Block 5, distant thereon 140 feet Northeasterly fram the roost Westerly comer of said Block 5; thence Northeasterly along said Northeasterly line 60 feet to the most Northerly comer of land described in Deed to Charles R. Fyrrann, et ux, recorded August 13, 1963 as pile No. 142211 of Official Records; thence Southeasterly along the Northeasterly line of said Eymann's land parallel with the Southwesterly line of said Block 5 a distance of 120 feet to the rxxt Easterly c;lomer of said land; thence South- westerly along the Southeasterly line of said Eyrrrann's land and the Southwesterly prolongation thereof parallel with the Northwesterly line of said Block 5, a dis- tance of 65 feet to a line drawn parallel with and 5 feet Southwesterly Iteasured at right angles to the Southwesterly line of Eyn-ann's land; thence Northwesterly along said parallel line parallel with the Southwesterly line of said Block 5, a distance of 120 feet to the Northwesterly line of said Block 5; thence Northeasterly along said Northwesterly line 5 feet to the POINT OF BJZINNING. PARCEL 3: An easmt for road and public utilities and amtenances the&-o, over, under, along and across that portion of Block 5 of CARLSBAD, in the City of Carl&ad, County of San Diego, State of California, according to an-ended Map thereof No. 775, filed in the Office of the County Recorder of said San D&go County, February 15, 1894 described as follows: -ING at the rrostwesterly comer of said Block 5; thence North 55O23'25" East, 115.00 feet to the TRUE POINT OF BJZZNNING: thence continuing North 55O23'25' Fast, 20-00 feet: thence South 34O33'35" East, 12 20.00 feet; then= North 34033'35" West, 12 8 8 .O feet; th~~&~ti~5~2&&2!j~W~t~ .O feet to .