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HomeMy WebLinkAboutCUP 284; Winners Circle Resorts International Inc; 85-489862; Public Facilities Fee Agreement/Release- VC-.-. . -- - ---. _. _^,___ ___ __. . . r .: , -. I c f . RKCORUING~ REQUESTED BP AIOU WaEN RECO~RDED MAIL TO: ! c-- i;[;yJ~[>E:lf (--‘-' t IlFF!!:~,~[- f;~~;[jjf;.j..-, c i:' : ,, I , . ,-- j . . -.-., .'cITY OB CkRCSBbD. . )r: ‘ r.i:, .,:..i;c gJy>j ] ';', i,; rzoa BIm Avenue ’ Carlsbad, California 92008 1% flEC 27 p#. 1: 42 . --' I VERA L. LYLE , Space above this line for-A e Documentary transfer tax: Signature of declatant determrnlng tax-firm name City of Carlsbad Parcel No. 203-252-01, 02 AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 9thday of December , 19_gli by and between Winners Circle Resorts International, Inc. (name of developer-owner) a Corporation , hereinafter referred to as (Corporation, partnership, etc.) "Developer" whose address is P.O. Box 99 (street) De1 Mar, Ca 92014 (City, state, zip code) and THE CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City", whose addres Carlsbad, California, 92008. WITNESSETH: WHEREAS, Developer is the owner of the tea 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: Combined restaurant/retail use in building previously approved REV 4-2-02 for retail use only. _ _-->.- ~ . ...*.;;; .::.*. ‘._.. T .:.. , I_. :- __. __ :_ - - .- _ .._- ri. .- --.-. -.. __._ _ - ..__ --.*. . ;‘- :. . . . . : :...-‘.-;:.e + .&282. I +RS. 8&i& Propekys skkck aavelopment carries the propused name of . Carlsbad lkn ..,. and i+ hereafter refatred to as ‘,Deoe~apmeat”; and WHEREAS, Developer filed on the 9th day of December 1’6 8s , with the City a request for Conditional Use Permit and Maior Redeveloment 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 refe,rence); and WREREAS, 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 J--------F-.-. _ --_ .__ ._ - . --y : .., _.. --v. :-, .. VI I. - __ _ _ . -. : _ _. ._ l ---_ z-x __ :’ :.: _ ,_, NOW, T’BEBEFORB, .u cansideration of the ret aLs aad the . . . I . . covenants contained herein, the parties agree as foLLow8: ._ .I .I _ -_)- ..- 7. .- ._ . . .: :. _ . . ._ - Lx: he bevetoper shaLL pap to the City a-public facitities 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 putsuant 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. REV 4-2-82 -3- .-.-. . . . a... .v*->. _ .. ,.f- .,. ,._ . . ,- .*. . ..’ 3 “.. .jL. .Y .- <.-- ‘-.-- ._ .- .,_ , ..___.. ,, - L :.+ :-- - W.“’ _ .\^_ c 2284 : t 2.. Tha Develop.er map offer to donate a site or sites fur public faciEitLe& err- Lieu of aLL wr part of the fiaaneiab obligatioa 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- ” P .I r.-9-Q)? ; 4, C” .’ .rpZZ: obtigatioas kereuadet sIxaL terntiaate ra the event the Baq&ts bade bp DeueLoper ate not approved. : .: : _-- 7: ‘Any -not&e Croat oae party to the other shalt 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. i.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. 0. 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 rnterest in the Property, all obLigations of Developer hereunder shalL terminate; provided, however, that any successor of Developer’s interest in the property shall hive 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. -s- REV 4-2-82 -‘-..+.“*r..y ,,y +e-.-...-.~ .i .,&x.4 _: +- : ,-*-,. *.*--‘-...; __ ,. I. _ ::A.%+ .:;.f-.--& ;‘ -7;’ ..r7,..~.:.-;.:~,:-_ &i.:.:s.. e:::e;-y,z. :_ . ‘.. __ . - . _:‘_ .. - p. --- - -.- -...-, -_.-- _. - ..- lpT -: 17. . ^ :._ .._ 36 , -3 -‘- -. : .El8 WITNESS WHERBOF, this agreement ia executed in San Diago County, Crliforaia a8 of tke date first urittea above. DEVELOPER-OWNER: CITY OF CARLSBAD, a municipal corporation of the State of California Winners Circle Resorts International, Inc. (name) k James M. Watkins, President Richard Pitt I#- ord, Secretarv/ ATTEST: APPROVED AS TO FORM: City Attorney * . , ” (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) I . -6- REV 4-2-82 Acknowledgment by Corporation which is a General Partner STATE OF CALIFORNIA for said County and State, personally appeared ctory evidence) to be the , known to me (or proved to me on the basis of satisfactory evi- dence) to be the Secretary of the corporation that executed the within instrument and known to me to be the person who executed the within instrument on behalf of said corporation and acknowledged to me that such corporation executed the within instrument pursuant said corporation being known to me to be a general partner of a partnership, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. wo1Aur PI~PLIC CALrFolhU y hand and official seal. P*I(IcIp*) of*KTf II@ SW4 OIFQO COUNTY tdyyEwrali~~r.lnfrpinroct.4 and for said County an EXHIBIT “A- ----------- hKE&-BEscB~ETlo~ The land referred to herein is situated in the State of California, County of San Diego, and is described as follows: Parcel 1: 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 County Recorder of San Diego County, and that portion of Ocean Street as shown on said map, closed to pub1 ic use, described as follows: Beginning at a point at the Southwesterly line of State Highway Division VII, Route 2, Section “B*, Sheet lB, approved October 17, 1912 as per map on file in the Office of 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 1 ine of Block 14 of said Town of Carlsbad, distant thereon South 55 27’00” West, 8.08 feet; thence South 55 27’00” West to the 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 Sect ion “B”, sheet lB, approved October 17, 1912 and the Westerly line of Ocean Street as shown on said Map 365. Parcel 2: That portion of Tract 97 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, and all that portion of blocks 14 and 15 of 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 County Recorder of San Diego County; and those portions of Ocean Street and Garfield Street as shown on said map and as closed to public use, described as follows: PAGE 2 EXHIBIT ‘A” LEGAL DESCRIPTION Beginning at the most Southerly corner of said Block 14 of the Town of Carlsbad; thence Southwesterly along the extended Southeasterly line of said Block 14, a distance of 24.47 Feet; thence Northwesterly in a straight line to the Northwesterly corner of said Block 14; thence Northeasterly along the Northwesterly line and the Northeasterly prolongation thereof to the most Westerly corner of tract 97 of said Carlsbad Lands; thence continuing Northeasterly along the Northwesterly line of said tract 97 to a point which bears south 55 16’00” West, 5.00 feet from the most Northerly corner of said tract 97, said point also being a point on the Westerly line of a 100.00 foot strip of land conveyed to the State of California, for highway purposes by Deed recorded March 30, 1934 in Book 288, Page 15 of official records, thence Southerly and Southwesterly along the Westerly line of said State Highway to the Southerly line of said Block 15; thence Westerly along said Southerly line and prolongation thereof to the Southeasterly corner of Block 14 of Town of Carlsbad; thence Westerly along the Southerly line of said Block 1, of the point of beginning.