HomeMy WebLinkAboutCT 96-01; Grand Pacific Resorts Inc; 1996-0113674; Public Facilities Fee Agreement/Release1068
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO: . ,
City Clerk
CllY OF CARLSBAD
1200 Carlsbad Village Drive
Carlsbad, California 92008-l 989 1
--x/c It ~99~-~~13~~4 B-7--MAR-I?96 82=38 PM
DFFICIfx RECORDS 5%’ DIEKl CDllNTY RECORDER’S OFFICE !;REGDTr’! SMITHv COUMTY RECOIlDEb! ;;; 13.00 FEES: 31, $0
i7.00 g: 1.00
Space above this line for Recorder’s use
Parcel No 21 I-022-1 2
c-r44 w
AGREEMENT BETWEEN OWNER, DEVELOPER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBUC FACIUTIES FEE
FOR INSIDE THE BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 1
THIS AGREEMENT is entered into this day of 73
by and between Grand Pacific Resorts, Inc. ,
January ) 19%
(name of developer)
a Corporation , hereinafter referred to as ‘Developer” whose address
(corporation, partnership, etc.)
is 5050 Avenida Encinas,'Ste. 200, Carlsbad, CA 92008
(street) (city, state, zip code)
and Carltas Company I (name of legal owner)
a California Limited Partnership , hereinafter referred to as “Owner’, whose address
(individual, corporation, etc.)
is 5600 Avenida Encinas,.S&. 100, Carl&ad, CA 92008
(street) (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 Carlsbad Village Drive, Carlsbad, California, 92008-l 989.
Form Approved
BY City Council July 2, 1991
Rem * 9149WKJH
Form Mr.
*v3/27/g5 1
- 1069
RECITALS
WHEREAS, Owner 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 has contracted with Owner to purchase the property and proposes
a development project as follows: 161 Timeshare units, 90 hotel units, and 3 restaurants.
on said Property, which
development carries the proposed name of Car&bad Ranch Hotel & Timeshare Resort
and is hereafter
referred to as ‘Development’; and
WHEREAS, Developer filed on the 33 dr . _ Januarv ,193
with the City a, request for Specific Plan Amendment, Tentative Tract Map, Non-Residential
Planned Development, Site Development Plan, and EIA‘ hereinafter referred to
as “Request’; and
WHEREAS, the Public Facilities Element of the City General Plan requires ihlt .he 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 comxtness of Council Policy No. 17, dated
July 2, 1991, 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 resufting from the proposed Development; and
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 is aware that the Cii cannot and will not be able to make any such
finding without financial assistance to pay for such ser\rices and facilities; and therefore,
Form Approved
By Ciy Council July 2, 1991
REDO # 91-lW/iiJH
Form I&
rev S/27/95
2
1070
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 1.82% 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 Tiles 18, 20 or 21 of the Carlsbad Municipal Code. Developer and Owner
shall pay a fee for conversion of existing building or stnrctures into condominiums in an amount
not to exceed 1.82% 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 and Owner shall pay
the City a public facilities fee in the sum of $598 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 Tiles 18, 20 or 21 of the Carisbad 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 offer to donate a site or sites for public facilities, the Cii shall consider, but is not
Fcam Approved ram I&
By City Council July 2, 1991 re” 3/27/95 Rema Y 91s1941&JH 3
-
1071
<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.
All obligations hereunder shall terminate in the event the Request made by
Develo r is 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 Cii 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
hm *pprovrd By City Conmd July 2, 1991
RN0 * 91.IW/KJH
Form I&
rev 3/27/95
4
prepaid and certified. 1072
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 many 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, Owner and City, and references
to Developer, Owner or City herein shall be deemed to be a 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 to 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 in
the Property. When the obligations of this agreement have been satisfied, City shall record a
release.
. . .
Form Approved
By Ciy Coumil Julv 2. 1991
Rema It 91.19tqJH
Form I8a
rev 3121195
5
1073
IN WITNESS WHEREOF, this agreement is executed in San Diego County, California
as of the date first written above.
OWNER: DEVELOPER:
Grand Pacific Resortsr Inc-
,
7
Carltas Company
rrstnpher C. Calkrns. (print name)
(signature)
(title)
(print name)
(signature)
(title)
ATTEST:
-- ALETHA L RAUTENKRANZ, City Cle
, Grand Pacific Resorts,
anization of signatory) Inc.
BY (signature)
David S. Brown
,o%!-%!d~k, G rand Pacific Resorts,
(title and organization of signatory) Inc.
CITY OF CARLSBAD, a municipal
corporation of the
State of California
for City Manager v
APPROVED AS TO FORM:
(Notarial acknowledgement of execution of DEVELOPER and OWNER must be attached).
(President or vice-president and secretary or assistant secretary must sign for corporations. If
only one officer signs, the corporation must attach a resolution certified by the secretary or
assistant secretary under corporate seal empowering that officer to bind the corporation.)
F-Approvrd Form I&
By City Comd July 2,1991 rw S/27/45
lb90 CI 91.194w/&IH 6
-
EXHIBIT ‘A
LEGAL DESCRIPTION
Lot 14 of Carl&ad Tract No. 92-7 in the City of Carl&ad, County of San Diego; State of California, according to map thereof No.13215, filed in the office of'the County Recorder of San Diego County on June 30, 1995.
Form Approved
By City Council July 2, 1991
Reso # Vl-1VWqJH
Form 181
rev s/27/95
7
\
CAIJFORNIA AU-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On l/l 7/96 before me, Cynthia A. Jacques Notary Public, personally
appeared Timothy J. Stripe and David S. Brownil pe,.sonallyknownto me J - or [
] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behatf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
- . A
CYNTHIA A. JACQUES COMM. # Q773a5
Notary Public - Colifornio
SAN DIEGO COUNTY
Form hpprowd
By City Coud July 2. 1991
l&o * 91-IWlgH 8
Form 18a
rev 3/?7/95
.
,
L CALIFORNIA AU-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On January 19, 1996 before me, Karen A. Phelps, Notary Public, personally
appeard Christopher C. Calkins , E] personally known to me - 8Ff
c to be the personwwhose name(s)B
subscribed to the within instrument and acknowledged to me tham executed the same
in@j#ts#h&rauthorized capacity@), and that by- signature(e)+n the instrument
the person@+, or the entity upon behalf of which the person(e) acted, executed the instrument.
Fom Approved
By City Council July 2. 1991
Rem * 91494/&JH
Fomt 18r
rev 9/27/95
8