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HomeMy WebLinkAboutCUP 235; PACIFIC COAST HOTELS LTD; 88-475244; Public Facilities Fee Agreement/ReleaseRecording Requested By and Return To: CITY OF CARLSBAD 1200 Elm Avenue ~lsbad, CA 92008 ( 1967 88 4752U m 8: I 5 r*#%i^t-:-^JTj .*?*£• ^* * **»**•» I =S' "inniiiiaM 3 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 Pacific Coast Hotels, Ltd. (84-76) required by an Application for CUP-235 7/20/84 , as Document No. 84-275557 and recorded on is hereby released for the following reason: | | Fees Paid and Obligation Satisfied |xx}{ Application Withdrawn |~~l Other - DATED:9/9/88 AiiE5T: ALETHA L. RAUTENKPTANZ City Clerk APPROVED AS TO FORM: VINCENT F. BIONDO, JR. City Attorney CITY OF CARLSBAD By /VU^xQyj^^i^.^^ MARTIN ORENYAK Community Develooment Director 1968 STATE OF CALIFORNIA ) \ s s COUNTY OF SAN DIEGO ) On September 14> 1988 , before me the undersigned, a Notary Public in and for said State, personnally 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 the official seal. Hi****************************** XSCESv OFFICIAL SEAL J * M KAREN R. KUNDTZ NOTARY PUBLIC-CALIFORNIA J SAN DIEGO COUNTY I My comrn. Exp. Sept. 27, 1989 ' • ,.- 1286 RECORDING .REQUESTED BY AND ) fprp.xrFp ^ -D /vi ,""~1 WHEN RECORDED MAIL TO: ) Of'sAN'^^slM^-'i-Vl'^ j ) ' " •—"•'""••' CITY OF CARLSBAD ) jgjft j[j{_ 20 pfj £ 07 1200 Elm Avenue ) Carlsbad, California 92008 ) I VERA L.!,.•'..L 1 Space above this 1 ine for Recorder's use WO Documentary transfer tax: $ No fee' Signature of declarant determining tax-firm name City of Carlsbad Parcel No. 3.10 — I & <D - t?S~. AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this ^^ day of fatffrrf 19 ty by and between Pacific Coast Hotels, Ltd. (name ofdeveloper-owner) a Partnership ^ ^f hereinafter referred to as (Corporat ion, partnership, etc.) "Developer" whose address is 17065 West Bernardo Drive (street) """ San Diego, CA 92127 and THE CITY 0F (City, state, zip code) CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City", whose address is 1200 Elm Avenue, Carlsbad, California, 92008. ,, W I T N E S S E T H: 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: REV 4-2-82 - 1287 on said Property, which development carries the proposed name of Hotel Ey The Sea and is hereafter referred to as "Development"; and WHEREAS, Developer filed on the Q72 day of , with the City a request for 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 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 4-2-82 128 8•-.•*' NOW,1 THEREFORE, in consideration of the recitals and the covenants contained herein, the parties agree as follows: 1. The 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 - 1289 - 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 f , -.. 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- ,.„ 1290 • , . :>».*»<' 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. 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 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 1291 IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: Pacific Coast Hotels, Ltd. (name) BY Theodore Blonski, (Title) BY CITY OF CARLSBAD, a municipal corporation of the State of California :y Manager (Title) ATTEST: , J. &t ALETHA L. RAtrfENKRANZ, City Clerk APPROVED AS TO FORM: ~\ / , City Attorney S. lienhciike, Assistant VINCENT F. BIONDO, JR., City Attorney (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) -6- REV 4-2-82 o CJ STATE OF CALIFORNIACOUNTY OF San Hi ego 1E92 on March 9. 1984 said State, personally appeared.Theodore E. Blonskibefore me,_the undersigned, a Notary Public in and for ****** < I c\T S?CD CO8 personally known to me (or proved to me on the basis of satis- factory evidence) to be the person that executed the within instrument as 9 limited partners), on behalf of _ , Pacific Coast Hotel s , Limited , the partnership therein named and acknowledged to me that the partnership executed it. WITNESS myjj^ndjand official seal, //<•'Signature^ OFFICIAL SEAL. A ELIZABETH DfANEDtSTEPHENt NOTARY PUBLIC-CALIFORNIA X LOS ANGELES COUNTY * M»CommissiQfl.Fjrr.if«i5.0cl .19,1984* (This area for official notarial seal) ,«« 1293 EXHIBIT "A" LEGAL DESCRIPTION THAT PART OF THAT PORTION OF LOT MHM OF RANCHO AGUA HEDIONOA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARTITION MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: BEGINNING AT CORNER NO. 6 OF SAID RANCHO, AS SHOWN AND DELINEATED ON SAID MAP; THENCE RUNNING NORTH 89°59' EAST ALONG THE SOUTH LINE OF SAID RANCHO, AS SHOWN ON SAID MAP, 5317.58 FEET TO A POINT; THENCE NORTH 0*32' WEST 1558.90 FEET; THENCE SOUTH 89°59' WEST ALONG A LINE PARALLEL WITH THE SOUTH LINE OF SAID RANCHO TO AN INTERSECTION WITH THE WESTERLY LINE OF THE 100.00 FOOT RIGHT OF WAY AS DESCRIBED IN A DEED TO THE ATCHISON, TOPEKA AND SANTA FE RAILROAD COMPANY, RECORDED MARCH 10, 1881 IN BOOK 38, PAGE 171 OF DEEDS AND THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED LAND; THENCE CONTINUING SOUTH 89°59'00" WEST ALONG THE ABOVE DESCRIBED PARALLEL LINE 357.17 FEET MORE OR LESS TO AN INTERSECTION WITH THE EASTERLY LINE OF LAND DESCRIBED IN A DEED TO THE STATE OF CALIFORNIA, FOR FREEWAY PURPOSES, RECORDED JUNE 18, 1953 IN BOOK 4894 PAGE 494 OF OFFICIAL RECORDS; THENCE ALONG SAID EASTERLY LINE NORTH 17°20'33" WEST 305.67 FEET; ALONG A TANGENT CURVE TO THE RIGHT WITH A RADIUS OF 212.00 FEET THROUGH AN ANGLE OF 43°20'33" A DISTANCE OF 160.37 FEET; AND NORTH 26°00'00" EAST 107.95 FEET TO THE SOUTHERLY LINE OF PALOMAR AIRPORT ROAD (R.S. 1534) AS DESCRIBED IN DEED RECORDED DECEMBER 7, 1959, AS DOCUMENT NO. 251738 OF OFFICIAL RECORDS; THENCE ALONG SAID SOUTHERLY LINE SOUTH 87°50'23" EAST TO THE WESTERLY LINE OF THE ABOVE DESCRIBED 100.00 FOOT RAILROAD RIGHT OF WAY; THENCE SOUTHEASTERLY ALONG SAID RIGHT OF WAY LINE TO THE TRUE POINT OF BEGINNING.