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HomeMy WebLinkAboutRP 84-1; DHW Ltd, E Kentner, L Kopperdale, J Miller, D Lee; 86-240531; Public Facilities Fee Agreement/ReleaseC 1987 86-240531 Recording Requested By and Return To: THE CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, CA 92008 1386 JU» 18 AM 11: RELEASE OF AGREEMENT TO PAY PUBLIC FACILITIES FEES RF6.00 AR2.00 MG l.OQ PLEASE TAKE NOTICE that the Agreement For Payment Of Public Facilities Fees between The City of Carlsbad and DHW Ltd.. Edward G. Kentner, Lorna Lorraine KopperdaleT Jacque,1i'n N Dorothy Dovie Lee required by an Application for Redevelopment Permit 84-1 M-i 1 1 March 7, 1984 ' " and recorded on as Document No. 84-083261 is hereby released for the following reason: /~7 Fees Paid and Obligation Satisfied /~7 Application Withdrawn Other The project has expired. DATED: 6-10-86 ATTEST: Ts<jL/e-v-&As<x^^ ALETKAT L. RAUTENKRANZ, J City Clerk APPROVED AS TO FORM: VINCENT F. BIONDO, JR., City Attorney By CITY OF CARLSBAD By, FRANKTD. ALESHIRE, City Manager ^TStan! 1988 STATE OF CALIFORNIA) ) ss. COUNTY OF SAN DIEGO) On June 12, 1986 , before me the undersigned, a Notary Public in and for said State, personally appeared Frank D. Aleshire, known to me to be the City Manager 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, executed the same. WITNESS my hand and official seal. ****************************** * ^OC*v OFFICIAL StAL * J /TjBjfri KAREN R. KUNDTZ * * K?'3E9 NOTARY PUBUC-CAUtt>*NIA $ * \SSSK7 SAN DIEGO COUNTY * * XSBBK My Comm. £»p. Se^. 27, 1*19 $ ****************************** 1035 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, California 92008 H4-083261 . OFFICIAL fuCO'vPS OFSANOILGv Ca'NIY.CA. MAR -7 AH 9: 2k VEP.A !..t '•• •• r :COUMY *•!.::>..»M* < Space above this line for Recorder s use ^f* ppp Documentary transfer tax: $ No fee Signature of declarant determining tax-firm name City of Carlsbad Parcel No . 2-O3 ' H Y ~ AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 3 / day of December > 1983 by and between DHW Ltd. (NameofDeveloper) ,,• , hereinafter referred t (Corporation, partnership, etc.) "Developer" whose address is 640 Grand Ave.. Suite D. P.O. Box 1575 (Street) Carlsbad. CA 92008 I(City, State, Zip Code) and Edward G. Kentner .Lorna Lorraine Koerdale Jacuelin Nv Miller Dorothy Dovie Lee (Name of Legal Trustee U/T/A » hereinafter referred to as (Corporation, etc.) "Owner" whose address is 2978 Carl shad TVNrH (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 1200 Elm Avenue, Carlsbad, California, 92008. RECITALS 1036 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: Resort Motel. Restaurant- on said Property, which development carries the proposed name of Twin Inns Resort and is hereinafter referred to as "Development"; and WHEREAS, Developer filed on the day of 19 , with the City a request for a 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-T - 1037 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 terras "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 : 1038 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- 1039 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 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. -5- REV 4-2-82 1040 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- £ 1041 ' IN WITNESS WHEFtTfOF, this agreement it executed in San Diego County, California aa of the date firat written above. OWNER: (Nam©> Lorna Lorraine Kopperdale yr't DEVELOPER: DHW Ltd, a (Signature) (Name) (Signature) (Name) " (Signat'ore) ATTEST: /Yi </ /> • ,General Partner shi' BY TTTTF 'I 1 i t«^ Pa•r^•npT• TITLE CITY OF CARLSBAD, a municipal corporation of the State of California ALETHA L. RA^TtNKRANZ City Cle APPROVED AS TO FORM: BY City APPROVED AS TO FORM: VINCENT F. BIONDO, JR., City Attorney Daniel S. Hentschke, Assistant VINCENT F. BIONDO, JR., City Attorney (Notarial acknowledgement of execution by DEVELOPER and OWNER must be attached . ) -7- REV 4-2-82 -' 1042 IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. OWNER: Edward G. Kentner (Signature) (Name) (Signature) (Name) (Signature) ATTEST: ALETHA L. R4UTENKRANZ City Cle^k DEVELOPER: DHW T.f-H General Partnership BY Robert B. Burke TITLE Partner TITLE CITY OF CARLSBAD, a municipal corporation of the State of California BY City Manager APP APPROVED AS TO FORM- ROVED AS TO FORM: V1NCENTR B.ONDo'TcityAttorney By_J%L____ -Daniel S Hentschke, Assistant"VINCENT F. BIONDO, JR., City Attorney (Notarial acknowledgement of execution by DEVELOPER and OWNER must be at t ached. ) State of California ) gg County of San Diego ) On December 19, 1983, before me the undersigned, a Notary Public for the State of California, personally appeared Robert B. Burke & Edward G. Kentner, proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument, and arVn?yledgfi&Jifaflf-ba^^MMM**fed. it. OFFICIAL SEAL BARBARA L. SNYDER ' NOTARY PUBLIC-CALIFORNIA NOTARY BOND FILED IN V_7_SAN DIEGO COUNTY My Commission Expires REV 4-2- Barbara L. SnydeW Notary z soyw-u H H O-O<U XU- OF CALIFORNIA COUNTY OF San Diego 6v 1984 ss. .before me, n and for said County and Stat,*Ulttl^ i uw.i^ ... Lorna Lorraine D personally known to me; to me on the basis of satisfactory evidence, is _ subscribed to the within instrument and acknowledged that _ S lie _ executed the same. whose name Signature (OFFICIAL SEAL) E. LYNNE RSEMER NOTARY PUBLIC - CALIFORNIA PRINCIPAL OFFICt IN SAN DIEGO COUNTY My Commission Expires Mar. 29, 1985 E. Lynne Riemer Name (Typed or Printed) Notary Public in and for said County and State FOR NOTARY SEAL OR STAMP ,.,,7 MAINE INDIVIDUAL 1043-IN WITNESS WHERf&F, this agreement it executed in San Diego * ' County, California as of the date firat written above. OWNER: Jacquelin Neva Miller (jfmatifre) ( (Name) (Signature) (Name) (Signature) ATTEST: ALETHA L. RMJTENKRANZ City ClerJ DEVELOPER: DHW Ltd. a, General Partnership BY Robert B. Burke TITLE Partner BY TITLE CITY OF CARLSBAD, a municipal corporation of the State of California BY City Manager APPROVED AS TO FORM:. APPROVED AS TO FORM: VINCENT F. BIONDO, JR., City At torney VINCENT F. BIONDO, JR., City Attorney By KlfDanJQt S. Hentschke, Assistant (Notarial acknowledgement of execution by DEVELOPER and OWNER must be at t ached . ) -7- REV 4-2-82 INDIVIDUAL STATE OF HAWAII, I City and County of Honolulu. ( On this llth .day of January , A. D. 19...M.., before me personally appeared J.acqu.el.ln..Ney.a..Mi.ll.er ' to me known to be the person described in and who executed the foregoing instrument and_ acknowledged that Shs executed the same as Hsr. free act and deed. tary Public, Firsl Ju iicial Circuit, State of Hat aii. My Commisi Ion Expires April 1936 ..... , % ' 1044 IN WITNESS WHERtTtfF, this agreement is executed in San Diego County, California as of the date first written above. OWNER: Dorothy Dovie Lee (Name* (Signature (Name) (Signature) (Name) (Signature) ATTEST: ALETHA L. RAUTENKRANZ City Clerk APPROVED AS TO FORM: DEVELOPER: DHW Ltd. a, ^ General Partnership BY Robert B. Burke TITLE Partner TITLE CITY OF CARLSBAD, a municipal corporation of the State of Calijfor«ia S^ity Manager VINCENT F. BIONDO, JR., City At t orney (Notarial acknowledgement of execution by DEVELOPER and OWNER must be attached . ) REV 4-2-82 •Cl , before me, the undersigned, a Notary Public in and for said Individual Acknowledgement STATE OF CALIFORNIA I COUNTY OF, San Diego ( On Ji^ntia,ryv 6, 19,84,19 County and State, personally appeared Dorothy Do-vie Lee personally known to me (or proved to me on the basis of satisfactory evidence) to be the person.. name ls subscribed to this instrument and acknowledged that _slie_ executed it. whose WITNESS my hand and official seal. E. Lynne Riemer Notary Seal Notary Public in and for said County and State (OFFICIAL SEAL) E. LYNNE RIEMER NOTARY PUBLIC - CA! 1FORNIA PRINCIPAL OFFICL IN XsU"V SAN DIEGO COUNTY My Commission Expires Mar. 29, 1985 TT-14 Rev. 8-82 *' ; % 1 1045 i EXHIBIT "A" LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: THE SOUTHWESTERLY 230.00 FEET MEASURED ALONG THE SOUTHEASTERLY LINE OF THE SOUTHEASTERLY 210.00 FEET MEASURED ALONG THE SOUTHWESTERLY LINE OF TRACT 96 OF CARLSBAD LANDS, IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1661, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 1, 1915. EXCEPTING THEREFROM THAT PORTION DESCRIBED IN DEED TO THE STATE OF CALIFORNIA, RECORDED JULY 6, 1934 IN BOOK 306 PAGE 217 OF OFFICIAL RECORDS. PARCEL 2 ALL THAT PORTION OF TRACT 96 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 COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 1, 1915 DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTHWESTERLY LINE OF SAID TRACT 96, WHICH IS 150 FEET SOUTY 34° 33' EAST FROM THE MOST WESTERLY CORNER OF SAID TRACT 96; THENCE NORTH 55° 27' EAST 70.00 FEET TO THE MOST SOUTHERLY CORNER OF LAND DESCRIBED IN DEED TO F.C. BUTLER ET AL, RECORDED OCTOBER 27, 1931, DOCUMENT NO. 53245 IN BOOK 62, PAGE 16 OF OFFICIAL RECORDS. THENCE ALONG THE SOUTHWESTERLY AND NORTHWESTERLY BOUNDARY OF SAID LAND NORTH 34° 33' WEST 100.00 FEET; NORTH 55° 27' EAST 30.00 FEET AND NORTH 34° 33' WEST 50.00 FEET TO THE NORTHWEST LINE OF SAID TRACT 96; THENCE NORTH 55° 27' EAST 340.00 FEET TO THE MOST NORTHERLY CORNER OF SAID TRACT; THENCE SOUTHEASTERLY ALONG THE NORTHEAST LINE THEREOF 400.00 FEET TO THE MOST EASTERLY CORNER OF SAID TRACT; THENCE SOUTHWESTERLY ALONG THE SOUTHEAST LINE OF SAID TRACT 210.00 FEET TO A POINT WHICH IS DISTANT NORTHEASTERLY 230.00 FEET FROM THE MOST SOUTHERLY CORNER OF SAID TRACT 96; THENCE PARALLEL WITH SAID SOUTHWESTERLY LINE OF TRACT 96 NORTH 34° 33' WEST 210.00 FEET; THENCE SOUTH 55° 27' WEST 230.00 FEET TO SAID SOUTHWESTERLY TRACT LINE; THENCE NORTH 34° 33' WEST 40.00 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM. THAT PORTION DESCRIBED IN DEED TO THE STATE OF CALIFORNIA, RECORDED JULY 6, 1934 IN BOOK 306 PAGE 217 OF OFFICIAL RECORDS.