HomeMy WebLinkAboutCUP 258; LA COSTA HOTEL AND SPA; 87-647759; Public Facilities Fee Agreement/Release. ^CORDING REQUESTS) BY
TlCOfl TITLE INSTANCE COMPANY OF CAUhrfRI*87
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and Return To:
CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, CA 92008
FRF 4.00
AR 2.00
MG 1.00^
133? NOV 13 m 2--56
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 La Costa Hotel & Spa
required by an Application for cup-258
September 28, 1987 , as Document No. 84-369942
and recorded on
is hereby
released for the following reason:
|jf| Fees Paid and Obligation Satisfied
|~| Application Withdrawn
|~~| Other
DATED: November 18, 1987
MARTIN ORENYAK
Community Development Djj
ATTEST:
ALETHA L. RAUTENKRANZ
City Clerk
APPROVED AS TO FORM:
VINCENT F. BIONDO, JR.
City Attorney BY
By
APPROVED AS TO FORM:
VINCENT F. BIONDO, JR., CITY ATTORNEY"
RONALD R. BALL
This Instruct filed for record by TicorTrfle . ^France cUw « California as an accomr««lat«m only.lt
hss not been examined as to its execution or as
to its effect upon the title.
STATE OF CALIFORNIA )
) ss
COUNTY OF SAN DIEGO )
176E
On November 19, 1987 , 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,aMunicipal 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.
******************************
* XSSfe^ OFFICIAL SEAl
* lC«i& KAREN
* raf^wi NOTARY PUBLIC-CALIFORNIA
* \S.8S&' SAN CHEGO COUNTY* -V*£®' My Comm E)(p sgpt j?, 1989
*****,I***********************
Notary)Public
2075 LAS PALMAS DRIVE M^jOI/ dM TELEPHONE
CARLSBAD, CA 92009-4859 WfTf^JlJ^^ (619)438-1161
Cttp of Cartebab
COMMUNITY DEVELOPMENT
-u*. r
November 18, 1987
Kevin M. Brandt
Buchalter, Nemer, Fields & Younger
700 South Flower Street
Los Angeles, CA 90017-4183
RE: LA COSTA HOTEL AND SPA
Dear Mr. Brandt:
The City Manager has asked me to respond to your letter, dated
November 5 , 1987 regarding agreements that are on file with the County
Recorder's Office dealing with the La Costa Hotel and Spa.
The following agreements, with the except ion of No. 2, CUP-258 (A) , Sign,
can be released simply by enclosing a check made payable to the "City of
Carlsbad" in the amount of $9.00 for each agreement.
\0 jP\/x/ <3D« Public Facilities Fee Agreement, dated July 23, 1984 Recorder's File
VVX Cy*-— No. 84-369942, CUP-258, PC 85-336, 160 Hotel Units
cA |O)L- _ ^ Public Facilities fee Agreement, dated June 23, 1987 Recorder's File
O ^ No. 87-507761, CUP-258 (A), Sign
fo \_ <§>• Public Facilities Fee Agreement, dated March 30, 1983 Recorder's
^ File No. 83-159352, CUP-228, 9-Hole Golf Course
Public Facilities Fee Agreement, dated February 6, 1985 Recorder's
File No. 85-111228, MS-615, 9-Hole Golf Course
Public Facilities Fee Agreement, dated September 17, 1981-
Recorder ' s File No. 81-315859 , CT 81-39 , 78 Condos, Expired. Was
located on south side of Costa Del Mar, just east of El Camino Real
'to ). Public Facilities Fee Agreement, dated April 5, 1983 Recorder 's File
No. 83-263570, CT 81-39, 78 Condos, Expired. Was located on south
side of Costa Del Mar, just east of El Camino Real
November 18, 1987
Kevin M. Brandt
Page Two
y
L
~TJ. Publ ic Facil it ies Fee Agreement, dated June 24, 1983 Recorder' s File
No. 83-269198, MS-615, 9-Hole Golf_£ourse
Reimbursement Agreement for Public Improvements, dated June 9,
1983 - Recorder's File No. 83-263566, CT 82-15, Improvements
Constructed
• The Agreement for No. 2, the Sign Agreement, can be released as soon as
an appropriate sign permit is obtained and all the required fees are paid.
Through some inadvertent error on our part, a sign permit was never issued.
This is a very simple requirement. You will need to have someone submit for
a sign permit, we will sign it off and collect the appropriate fees, and then we
will release your Public Facilities Fee Agreement for that area. That should
clear up all of the Public Facilities Fee Agreements that are on file with the
City to be released.
The following three agreements cannot be released at this time.
1. Agreement to Pay Fees Required by Growth Management Systems,
dated April 13, 1987 -Recorder's File No. 87-299159, PC-141, Tennis
Club Addition, 2,400 square feet
2 . Agreement to Pay Fees Required by Growth Management System,
dated April 13, 1987 - Recorder's File No. 87-299160, PC-587, Spa
Exercise Room Addition, 1,720 square feet
3 . Agreement to Pay Increased Fees for Development Management
System, dated February 21, 1986-Recorder's File No. 86-082699,
CUP-258, PC-85-336, 160 Hotel Units
These agreements are a result of the City' s implementation of the Growth
Management Plan. All applications that were submitted subsequent to the
adoption of the Growth Management Plan were required to sign an agreement
to pay any and all future fees associated with the Growth Management Plan.
There are two fees that are keeping these agreements from being released
at this time. First, is an identified fee, which is an increase from 2.5 to 3.5
percent based on the permit valuation of the construction that occurred in the
recent additions and remodeling of the facility. This one percent will be billed
within the next thirty days. The second fee, which has not yet been
determined, is the commercial and industrial fair share of existing deficiencies
in the south Carlsbad area. These are contingent liabilities associated with all
applicants/developers who signed agreements to pay any and all future fees.
The agreement was a method by which development could occur prior to the
establishment of fees. Applicants who chose not to sign the future fee
agreements, would not be issued any permits until all of the fees were
established so they could pay their fair share to mitigate deficiencies in their
Zone or Quadrant of the City. Staff is currently reviewing a fee structure
232
RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: )'
)
CITY OF CARLSBAD )
1200 Elm Avenue )
Carlsbad, California 92008 )
..,
' OFFICIAL hECORt'S ', OF SAN DIEGO CCU1'' r.CA.i
PK 12 37
VERA i .{_'•.-, ECOUNTY RECGriLO
84-369942
Space above this line for Recorder's use
Documentary transfer tax: $ No fee
WO FEE
Signature of declarant determining
tax-firm name
City of Carlsbad
Parcel No. 216-123-04 _
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this
by and between LA COSTA HOTEL AND SPA
3 day of , 19 £/
(name of developer-owner)
a GENERAL PARTNERSHIP
(Corporat ion, partnership, etc. )
"Developer" whose address is COSTA DEL MAR ROAD
, hereinafter referred to as
(street)
CARLSBAD, CA 92008 and THE CITY OF
(City, state, zip code)
CARLSBAD, a municipal corporation of the State of California,
hereinafter referred to as "City", whose address is 1:
Carlsbad, California, 92008.
„-•- W I T N E S S E T H:
WHEREAS, Developer is the owner of the real jTfUpercTy^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:
Expansion and remodeling of existing facilities. :
REV 4-2-82
C.
233
on said Property, which development carries the proposed name of
LA COSTA HOTEL AND SPA
and is hereafter referred to as "Development"; and
WHEREAS, Developer filed on the ^.J day of ^J
19 £, 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-cahnot 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
j.Ji: 234
NOW, 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
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 facilitates 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
9 - "- " ' "
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.
'••.««: 236 _o6\ ATI 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
E37
IN WITNESS WHEREOF, this agreement is executed in San Diego
County, California as of the date first written above.
DEVELOPER-OWNER:
LA COSTA HOTEL AND SPA
OWNER'S REPRESENTATIVE
(Title)
BY
CITY OF CARLSBAD, a municipal
corporation of the
State of California
BY
City Manager
(Title)
ATTEST:
ALETHA L. RAUTENKRANZ, City.C^erk
APPROVED AS TO FORM:^^
V.INCENT F. BIONDO, JR.,
City Attorney
(Notarial acknowledgement of execution by DEVELOPER-OWNER must be
attached. )
-6-
REV 4-2-82
239
II * IIEXHIBIT "A
LESAL DESCRIPTION (Attached)
Application for Conditional Use Permit,
Project: Expansion and remodeling of
La Costa Hotel and Spa
Stiteof CALIFORNIA^
Countyof SAN DIEGO
238
Vss.
On this the 23rctlayof
Barbara L .
s@3@es3&es@g£i&
July
Tremmel
&&S<S<SiS<SiSeS<!ieS<S<Sc!eZ
19 ^, before mt
OfFfdAL SEAL
PAfrBARA L TREMMEL
0fMP PMItlC - CALIFORNIA
«W DIEGO COUNTYMy oomm. «cpfrw MAY 16,1986
the undersigned Notary Public, personally appeared
Paul Graham
8 personally known to me
D proved to me on the basis of satisfactory evidence
to be the person(s) who executed the within instrument on behalf of the
partnership, and acknowledged to me that the partnership executed it.
WITNESS mv hand and official seal.
Notary's Signature
PARTNERSHIP ACKNOWLEDGMENT FORM 7130 052 NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • Woodland Hills. CA 91364