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HomeMy WebLinkAboutRP 85-19A; Carlsbad Boulevard Hotel; 88-202126; Public Facilities Fee Agreement/Release: I ‘ RECORDING REQUESTED BY AND u\ 1938 -i.; : ;!!{f;t [-; If4 -*-+ I ’ i ‘:: :,;, rii..;:;)i,‘i!I; WHEN RECORDED MAIL TO: ; i,; z. k ; i ;;! i {‘;pt( ; f {;,‘, , I I. I CITY OF CARLSBAD ml +Mr -2 Ai4 9: 07 1200 Elm Avenue I Carlsbad, California 92008 1 Space above this line for Recorder’s use DC-$X336 Signature of declarant determining tax-firm name City of Carlsbad parcel No. 203-172-13/ 203-172-22 AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this I5 day of APri1 I 19 88 by and between Car&bad Boulevard Hotel General Partnership (Name of developer-owner) a General Partnership , hereinafter referred to as (Corporation, partnership, etc.) “Developer” whose address is P.O. Box 142 (Street) Carl&ad, California 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, Califynia, 92008. WITNESSETH: WHEREAS, Developer 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 proposes a development project as follows: Commercial Hotel with underground and surface parkins ~?K.~-l~# REV 7-28-87 . on said Property, UC 1939 - which development carries the proposed name of Carl&ad Boulevard Hotel and is hereinafter referred to as “Development”; and WHEREAS, Developer filed on the day of * 19 I with the City a request ‘for 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 is incorporated by this reference) ; and WHEREAS, Developer and City recognize the correctness of Council Policy No. 17, dated July 28, 1987, 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 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. NOW, THEREFORE, in consideration of the recitals and the convenants contained herein, the parties agree as follows: -2- REV 7-28-87 I , * . . j’ v +. 1940- . 1. The Developer shall pay to the City a public facilities fee in an amount not to exceed 3.5% 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 of existing building or structures into condominiums in an amount not to exceed 3.5% 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 mobile home 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 the City a public facilities fee in the sum of $1,150 for each mobile home 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 L in addition to any fees, dedications or improvements required according to ---. Titles 18, 20 or 21 of the Carlsbad Municipal Code. 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 -3- REV 7-28-87 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. \ 6. All obligations hereunder shall terminate in the event the Requests made by Developer are not approved. -4- REV 7-28-87 I ~ ^ u. 1942 . : - 1’ , . 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 by 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 ensure to the benefit of, and shall apply to, the respective successors and assigns of Developer and the City, and references to Developer City herein shall be deemed to be references 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 crqte a lien or security interest in the Property. When the obligations of this agreement have been satisfied, City shall record a release. -5- REV 7-28-87 ’ ‘. VW -4943 , . 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 Carl&ad Boulevard Hotel General Partnership (name) BY Peter J. Longanba BY Charxs F. Rowe, President of Charles F. Rowe Investment Corporation builder/developer/partner (Title) e , ATTEST : . City Attorney For City Man&& (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) -6- I . REV 7-28-87 . . CAT. NO. NN00630 TO 1946 CA (9-64) (partnership) m TICOR TITLE INSURANCE STATE OF CALIFORNIA COUNTY OF sm a/p66 ss. t On Public in and for said State, personally appeared ,I.- seCC,.n UK. pzLJ”U _ wkn PvPP,,+P Il,.V ,,,,,.:d the within instrument as ‘4a#t/nci P&‘f#u of the partners of the partnership I 8 th& executed the within instrument, and acknowledged to me that such partnership executed the same. WITNESS my hand and official seal. /j Signat ~******************+**$+*+**+********a** r OFFICIAL SEAL t 2 * : BARBARA J. THOMPSON i NOTARY PUBLIC-CALIFORNIA i NOTARY BOND FILED IN SAN DIEGO COUNTY ; * z My Commission Expires October 23. 1989 X *************~*******************x*s (This area for official notarial sed) CAT. NO. NNO0636 TO 1954 CA (9-64) (Corporation as a Partner of a Partnership) @j TICOR TITLE INSURANCE STATE OF CALIFORNIA COUNTY OF ziw On &a/// I&. /WY said State, personally appeared a Notary Public in and for personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the President, and personally known to me or proved to me on t e basi of satisfactory evidence executed the within inst u nt as the /nlvwm~df ‘2%~. P,,,den& - of e t the corpora ‘on t c&c3 at execut ehalf of ’ sfim /&/ &&!%J@6h$) 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. WITNESS my hand and official seal. A Signatur OFFlClAL SEAL ‘t BARBARA J. THOMPSON t 1 NOTARY PUBLIC-CALIFORNIA t NOTARY BOND FILED IN t - i SAN DIEGO COUNTY Myzrnrna@n Expires October 23, 1989’ f ;. E t ..*: ~*~~a+++a******+aa++a*********a***** (This area for official notarid sed) -- 37 L* 1945 - ’ I I% A* ..: I , . -. : l I ,. 1. . ! _ 1 --. LEGAL DESCRIPTION - Allthatportion of Block 5 of Carlsbad, in the City of Carlsbad, County of San Diego, State of California, according to Amended Map thereof No. 775, filed in the Office of the County Recorder of said San Diego County, February 15, 1894, described as follows: EXHIBIT "A" . WCIIG at the rostwesterly comer of said Block 5; thence North 55023'25" East, 20.00 feet along Beech Avenue to the TRUE POINT OF BEGINNING;: thence con- tinuing North 55'23'25" Fast, 95.00 feet; thence South 34O38'25" East, 200.10 feet; thence Barth 55O25'58" East, 100 feet more or less to the Northwest comer of the portion of said Block 5 conveyed by C.B. Brennerman to Helen R. Knowles by Deed dated February 17, 1899 and Recorded, in book 276, page 200; thence Southeasterly along the Southwesterly line of said land conveyed to Knowles for a distance of 200 feet to the Southeasterly line of said Block 5; thence Southwesterly along said Southeasterly line 100 feet: thence Northwesterly at right angles to said Southeasterly line 100 feet; thence Southwesterly ll5 feet more or less to a point on the Southwesterly line of said Block 5 which is 100 feet Northwesterly frcm the most Southerly comer of said Block 5; thence Northwasterly along said South- westerly line 100 feet: thence Northeasterly at right angles to said Southwesterly line 20 feet to the mxt Southerly comer of Parcel Nunber 2 of City of Car&bad Lot Split Map Nut&+x 71, Recorded February 20, 1969 as Document Nunkr 3364 of Official Records: thence North 34'33'00" West, 200.00 feet to the TRUE POINT OF BEGINNIX. PARCELI 2: An easement for road and public utilities and appurtenances thereto, over, under, along and across the Southwesterly 5 feet of the following described land: BEXNNIX at a point on the Northwesterly line of said Block .5, distant thereon 140 feet Northeasterly from the most Westerly comer of said Block 5; thence Northeasterly along said Northeasterly line 60 feet to the mst Northerly comer of land described in Deed to Charles R. Eyrrann, et ux, recorded Aqust 13, 1963 as pile No. 142211 of Official Records: thence Southeasterly along the fiJortheasterly line of said Eymann's land parallel with the Southwesterly line of said Block 5 a distance of 120 feet to the roost Easterly comer of said land; thence South- westerly along the Southeasterly line of said m's land and the Southwesterly prolongation thereof parallel with the Northwesterly line of said Block 5, a dis- tance of 65 feet to a line drawn parallel with and 5 feet Southwesterly measured at right angles to the Southwesterly line of Eymann's land; thence Northwesterly along said parallel line parallel with the Southwesterly line of said Block 5, a distance of 120 feet to the Northwesterly line of said Block 5; thence Northeasterly along said Northwesterly line 5 feet to the POINT OF BEISINNIG. PARCELI 3: An easement for road and public utilities and appurtenances therto, over, under, along and across that portion of Block 5 of CARLSBAD, in the City of Carl&ad, County of San Diego, State of California, according to amended Map thereof No. 775, filed in the Office of the County Recorder of said San D&ego County, February 15, 1894 described as follows: mMG?NCIIG at the mst Westerly comer of said Block 5; thence North 55O23'25" East, 115.00 feet to the TRUE POINT OF BEGINNING: thence continuing North 55O23'25" East, 20.00 feet; thence South 20.00 feet: thence North East, 12 .O feet; th ce South 55O23'25" West West, 12 .O feet to 8 8 ~eTRUEPOINI'OFBEGINN~.