HomeMy WebLinkAboutCUP 239; Pacific Riviera Ltd; 83-409399; Public Facilities Fee Agreement/Release_. - - . . . . .._. . .
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* RECORDING REQUESTED BY AND &WHEN RECORDED MAIL TO:
CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, California 92008
I383 NY I 0 RI 1: 49
1
Space above this line for Recorder's use
Documentary transfer tax: $ No fee
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MU FEE
Signature of declarant determining
tax-firm name
City of Carlsbad
Parcel No. a/+-/6o- /‘932t/ / _.
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this 25 day of October , 1983
by and between Pacific Riviera Ltd.,
(name of developer-owner)
d Partnersup Corporation, partnership, etc.)
, hereinafter referred to as
"Developer" whose address is 401 West llA" Street (street)
San Diego, Ca. 92101 (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.
WITNESSETH: pi$p
WHEREAS, Developer is the owner of the real property described
on Exhibit "A:, attached hereto and made a part of this agreemen't,
hereinafter referred to as "Property"; and
WHEREAS, The Property lies within the boundaries of City; and
WHEREAS, Developer proposes a development project as follows:
a 146 Unit Senior resort hotel with dining facilities.
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on said Property, which development carries the proposed name of
\
Pacific Riviera, a.Senior Resort Hotel
and is hereafter referred to as "Development"; and /
WHEREAS, Developer filed on the 27 day of October , ,
1983 , with the City a request for a 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.
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. NOW, THEREFORE. in consideration of the reLitals 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 I
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.
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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 a-gainst 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 Cit.y 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.
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. . ' 6. All obligations hereunder shall terminate in the event the
‘Requests made by Developer are not approved,
7. Any notice from one par.ty to the other shall be in writing,
and shail 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.
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IN WITNESS WHEREOF, this agreement is executed in San Diego
County, California as of the date first written above.
DEVELOPER-OWNER: .CITY OF CARLSBAD, a municipal corporation of the
State of California
Pacific Riviera Ltd.
(name)
BY Balboa Capital Corp. BY City Manager
General Partner (Title)
President (Title)
ATTEST:
ALETHA L. RAIJ'TENRRANZ, City Cljrk
APPROVED AS TO FORM: A
VINCENT F. BIONDO, JR.,
City Attorney
". (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) .
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STATE OF CALIFORNIA San Diego COUNTY OF l ; ss.
830
On this 25th day of October 1983 , in the year-,
before me, the undersigned, a Notar Public in and for said County and State,
personally appeared Max F. kberhardt
personally known to me (or proved to me on the basis of satisfactory evidencej
to be the person who executed the within instrument as
President, and -------
personally known to me (or proved to me on the basis of satisfactory evidencej ---m-m to be the person who executed the within instrument as Secretary or on behalf of the corporation therein named and acknowledged to me that the corporation executed it on behalf of the partnership therein named and acknowledged to me the partnership executed it.
Signature QZ3 &7 Gm @ ” Notary Public in and for said County and State
FOR NOTARY SEAL OR STAMP
NOTARY PUBLIC - CALIFORNIA Prtncbal Office In San Dlego County
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EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL 1:
That portion of the South two-thirds of Lot 4 - Southeast Quarter of the Southeast Quarter - of Section 29, Township 12 South, Range 4 West, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California, according to Official Plat thereof; including a portion of the abandoned portion of the Atchison, Topeka and Santa Fe Railway Company's - formely the California Southerly Railway Company - right of way described as a whole as follows:
BEGINNING at the intersection of the South line of said Section 29, with
the Westerly line of the abandoned portion of the Atchison, Topeka and Santa Fe Railway Company's - formerly the California Railway Company - right of way across the South two-thirds of said Lot 4, said point being distant along said Southerly line, North 89"49*00" West, 209.69 feet from the Southeast corner of said Section 29, thence along the Westerly line of said abandoned railroad right of way, North 04°40q18** West, to the North line of the South 40.00 feet of said Lot 4; thence along said
North line, South 89"49'00" East, 38.13 feet to the Southwesterly corner of land described in deed to Robert 0. Weston, recorded July 21, 1964 as
Document No. 131132 of Official Records; thence along the Westerly boundary of said land, North 15'17'00" West, 188.48 feet to the Westerly
line of said abandoned portion of said right of way; thence continuing
along said Westerly boundary and the prolongation thereof, North 04"40'18"
West, 559.19 feet to the Northwesterly corner of land described in deed
to Paul Ivicevic, et ux, recorded July 29, 1963 as Document No. 131939
of Official Records; thence along the North line of said land, South 89"40'18" East, 200.00 feet to the Northeast corner thereof, being a point in the Easterly line of said abandoned right of way; thence along said Easterly line, North 04"40'18" West, to the Southwesterly line of
the existing 200.00 foot right of way of the Atchison, Topeka and Santa
Fe Railway Company; thence along said Southwesterly line, North 21"05'30"
West, 195.00 feet to the Northerly line of said South two-thirds of Lot 4, being the South line of land conveyed to Herbert J. Estes, by deed recorded December 3, 1936 in Book 600, page 65 of Official Records; thence along said Northerly line, North 89"40'18" West, 409.73 feet to
the Northeast corner of land conveyed to Howard F. Barton, et w, by deed fecordedApri1 25, 1951 as Document No. 53197 in Book 4072, page
451 of Official Records; thence along the Northeasterly line of said
Barton Land, South 19'50'00" East, 212.25 feet to the Northwesterly
corner of land described in deed to Bruce B. Kesner, et ux, recorded arch 3, 1961 as Document No. 38987 of Official Records; thence South 89"40'18" East, 148.50 feet to the Northeast corner of said land; thence along the Easterly line of said land, South 04"40'18" East, 570.01 feet to the most Southerly comer of said Kesner land; thence
I South 15°17'OO" East, to a point in the South line of said Section 29, distant thereon South 89'49'00" West 16.28 feet form the Point of
Beginning; thence North 89'49'00" East, 16.28 feet to the Point of Beginning.
EXCEPTING THEREFROM the South 25.00 feet as granted to the County of
San Diego for road purposes - Road Survey 339 - by deed recorded
June 12, 1918 In Book 751, page 47 of Deeds.
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PARCEL 2:
That portion of the South two-thirds of Lot 4 (Southeast Quarter of the
Southeast Quarter) of Section 29, Township 12 South, Range 4 West, San
Bernardino Meridian, according to Official Plat thereof, described as
follows:
BEGINNING at the Southeast corner of said Lot 4; thence North 89"49'00'* West along the South line of said Lot 4, a distance of 467.45 feet, more or less to an'intersection with the Easterly line of the State Highway described in Decree of Condemnation recorded November 2, 1945, in Book - 1959, page 465 of Official Records in the office of the County Recorder
of San Diego County; thence North 19'50'00" West along said Easterly line a distance of 703.49 feet to the TRUE POINT OF BEGINNING; thence
North 7O"lO'OO" East, 250.00 feet; thence North 19"50'00" West, parallel with the Easterly line of said State Highway to an intersection with the Southerly line of the Northerly one-third of said Lot 4, as conveyed to Herbert J. Estes in deed recorded December 3, 1936, in Book 600, page 65 of Official Records; thence Westerly along the Southerly line of the land so conveyed to Estes to an intersection with the Easterly line of
said State Highway; thence South 19'50'00' East along said Easterly line
to the TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM that portion thereof lying Westerly of a line
described as follows:
BEGINNING at a point in the South line of said Lot 4, .distant along said
South line 325.97 feet from the Southeast corner of said Lot 4, said point also being distant along said South line South 89'49'10" East, 88.23 feet from Engineer's Station 196 plus 46.43 on the centerline of the Department of Public Work's Survey between Encinitas and Oceanside Road XI-S.D. 2-B; thence along a line parallel with the distant 80.00 feet Northeasterly at right angles from the centerline of said survey, North 24'45'30" West 72.54 feet; thence along a curve 1
to the right with a radius of 6,120.OO feet through an angle of 04"55'30" a distance of 526.06 feet; thence North 19'50'00" West, 455.19 feet to a point in the North line of said South two-thirds of Lot 4 of Section 29, distant thereon South 89'50'48' East, 85.13 feet from Engineer's Station 207 ~1~s 24.29 of said survey.
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