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HomeMy WebLinkAboutZC 327; CARLSBAD INN LTD; 89-X30044; Public Facilities Fee Agreement/Release0364 Recording Requested 8y and Return To: : CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, CA 92008 M:^31iW4_ I H: C.WutO m I . --ouU. RtCCRPS I V' -^k H{,0 SijUNI r*.CA 1989 M 19 AH 8-- 54 RELEASE OF AGREEMENT TO PAY PUBLIC FACILITIES _FEES J?F 4.00 AR 2.00 MGl.OO PLEASE TAKE NOTICE that the Agreement For Payment Of Public Facilities Fees between the City of'Carlsbad and Carlsbad inn. Ltd. (85-47) required by an Application for ZC-327/CUP-271 ., as Document No. 85-165410 and recorded on • is hereby released for the following reason: |~l Fess Pai'd and Obligation Satisfied | | Application Withdrawn lxx.1 Other Changed to Open Space Zone Fees not applicable DATED:12/12/88 CITY OF CARLS5AO ti MART in1 OR£:'iYA.K Cc~~.nity D=ve 0365 - STJlTE OF CALIFORNIA ) ~"~ ) ss . COUNTY OF SAN DIEGO ) On January 5, 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. ****************************** * OFF.C.AL SEAL * ffQI& KAREN R. KUNDTZ ? * IfFjliJ NOTARY PUBLIC-CALIFORNIA * Notary * \$£y?S SAN DIEGO COUNTY * J X ^^SS^ C O"7 1 QQQ # ^***************************** REGORD ING WHEN 794 CITY OF 1200 Elm Averiu'e Carlsbad, Call if \ \0 $ \ > RtiCOROtD !Ni OFFiC'AL RL'CCM'PS OFSANDirGOCGUN! Y.CA. 1885 NAY 10 AH 10 4 I VERAL.LYLE Space above this line for Recorder s use Documentary transfer ta.~x.y-) $ No fee NO FEE Signature of declarant determining tax-firm name City of Carlsbad Parcel No.APM 203-251-05 AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 5th day of March 1985 by and between Carlsbad Inn. Limited (n ame of developer-owner) a California Limited Partnership • , hereinafter referred to as (Corporat ion, partnership, etc.) "Developer" whose address is Del Mar, California 92014 P. 0. Box 2089 (street) and THE CITY OF (City,state,zipcode) CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City", whose address is Carlsbad, California, 92008. / ^ S, ^\ \ WITNESSETH: WHEREAS, Developer is the owner of the real^^croper t^P-tTes cr ibed 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: privately owned/operated recreation and storage facility REV 4-2-82 2. •'"'•>«.,.w 795 on. said Property, which development carries the proposed name of i Carlsbad Inn Beach Club and is hereafter referred to as "Development"; and WHEREAS, Developer filed on the 5th day of March _ 19 85 , with the City a request for zone change and 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 NOW, THEREFORE, in consderation 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 ^ _ 797 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 4-2-82 798 V »)•*'6., All- obligations hereunder shall terminate in the event the Requests1 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 4-2-82 799 IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: Carlsbad Inn, Ltd., a California Limited Partnership By: Winners Circle Resorts International, Inc., CITY OF CARLSBAD, a municipal corporation of the State of California (name) BY James M. Watkins, President ,. City Manager (Title) BY James M. Watkins, Individually, Co-General Partner (Title) ATTEST: 'Z&x^ZZ. L ..^Atl^rfiKRAN^ J" dtfy APPROVED AS TO FORM: VINCENT F. BIONDO, JR., City Attorney STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) SS On "^ , .-* 1985, before me, the undersigned, A Notary Public in d-State, personally appeared James M. Watkins,%rsonallJ n'nJ^° a ^^L^aaex °f the Partne^hip that executed the withininstrument, and acknowledged to me that such partnership executed the same WITNESS my hand and official seal, commission expires i—^•^^^••^^—.^^^•^^•^^_—_Z—^——^-____l^_ r ^"^ _ ^^^~**^«'—•>«^y^ *^ *-ii Notary w^Lic in and tor said State and County OfFICUt. URAL WARY ANN OUNIGAN 800 CARLSBAD INN BEACH CLUB FACILITY EXHIBIT "A" That portion of unnumbered Block in the 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 that portion of Ocean Street as shown on said map, closed to public use, described as follows: Beginning at a point at the Southwesterly line of State Highway Division VII, Route 2, Section "B", Sheet 18, approved October 17, 1912, as per Map on file in the Office of the County Surveyor of San Diego County, distant therealong South 30 56'20" East, 175.35 feet from a point in the Southwesterly prolongation of the Northwesterly line of Block 14 of said Town of Carlsbad, distant thereon South 55 27'00" West, 45.09 feet from the Northwesterly corner of said Block 14; thence along said Southwesterly line of State Highway North 30 56'20" West, 22.57 feet; thence South 55 27'00" West, 78.25 feet; thence North 34 31'00" West, 8.08 feet; thence South 55 27'00" West to the mean high tide line of the Pacific Ocean; thence Southerly along said mean high tide line to a point that bears South 55 27'00" West from the Point of Beginning; thence North 55 27'00" East to the Point of Beginning. EXCEPTING THEREFROM that portion, if any, lying between the Westerly line of State Highway, Division VII, Route 2, Section "B", Sheet 18, approved October 17, 1912, and the Westerly line of Ocean Street as shown on said Map 365.