HomeMy WebLinkAboutRP 87-02; Carlsbad Inn Ltd; 87-197823; Public Facilities Fee Agreement/Release,’ *, ,s . .
%J 1402 8 7- 197823
. RECORDING REQUESTED BY AND ) --. - WHEN RECORDED MAIL TO: 1
1 CITY OF CARLSBAD 1 1200 Elm Avenue Carlsbad, California 92008
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Signature of declarant determining
tax-firm name
City of Carlsbad
Parcel No. AD.+ 24 a- 024
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this 12th day of &&rob , 1987
by and between Carlsbad Inn, Ltd.
(name of developer-owner)
a California Limited Partnership (Corporation, partnership, etc.)
, hereinafter referred to as
"Developer" whose address is 1442 Camino De1 Mar
(street)
De1 Mar, CA 92014
(City, state, tip 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.
W ITNESSETH:
WHEREAS, Developer is the owner of the real property described on
Exhibit 'IA":, attached hereto and made a part of this agreement, hereinafter - c-
referred to as "Property"; and
WHEREAS, The Property lies within the boundaries of City; and
WHEREAS, Developer proposes a development project as follows:
REV 4-22-86 /I# 83-a-
on said Property, which development carries the proposed name of
Carlsbad Inn Tennis Facility
and is hereafter referred to as "Development"; and
WHEREAS, Developer filed on the day of March ,
1987 , With the City a request for Conditional Use Permit, Major
Redevelopment Eermit and Coastal, 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 22, 1986, 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.
' c- NOW, THEREFORE, in consideration of the recitals and the covenants
contained herein, the parties agree as follows:
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REV 4-22-86
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1. The Developer shall pay to the City a public facilities fee in an
amount not to exceed 2.5% of the building permit valuation of the building or
structures to be constructed in the Development pursuant to the Request. Tne
fee snail be paid prior to the issuance of bui lding 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, ded ications 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 2.5% of tne 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 tne construction of underground or street improvements unless no
other permit is necessary prior to tne 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 mobilehome space to be constructed pursuant to the
Request. Tne fee shall be paid prior to the issuance of building or other
construction permits for the development. This fee shall be in xidition 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 -a--
Paragraph 1 above. If Developer offers to donate a site or sites for public
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REV 4-22-86
, _- “. 1405 - ,’ . .
facilities, the City Shall consider, but is not obligated to accept the offer.
The time for donation and anount of credit against tne 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 Wall 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 tne 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.
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REV 4-22-86
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7. Any notice from one party to the other snail 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 ensure to the
benefit of, and snall 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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REV 4-22-86
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
('lame) James M. Watkins, An Individual
By Vera1 Partner
James M.. Watkins, President rnat iLL .
Y rnational, Inc.
ATTEST:
.
APPROVED AS TO FORM:
APPROVED AS TO FORM:
RONALD R.BALL
VINCENT F. BIONDO, JR.,
City Attorney
. (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.)
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.
.
(INDIVIDUAL)
STATE OF CALIFORNIA Diego ss. COUNTY OF
On March 12, 1987 before me, the under-
slgned. a Notary Public in and for said County and State, personally appeared
James M. Watkins
J 1408
, personally POR NOTARY SEAL OR STAMP
known t0 me (or proved to me on the basis of satisfactory evidencej to be the
persop whose name is
within instrument and acknowledged that he ~ executed
Name (Tynec or Printed)
Acknowledgment by Corporation which is a General Partner
STATE OF CALIFORNIA
COUNTY OF San Diego
On March 12, , 19A7, before me, the undersigned, a Notary Public in and
for said County and State, personally appeared James M. Watkins
known to me (or proved to me on the basis of satisfactory evidence) to be the President, and Timothy Stripe @E , 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 -0, .I ‘-
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 to its By-Laws or a Resolution of its Board of Directors;
said corporation being known to me to be a general partner of Carlsbad Inn, Ltd.
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.
so 37A Notary Public& and for said &unty and State I
Notary Seal ************************************ 8
t OFFICIAL SEAL *
x
i CHRISTY EBlNGER $
: NOTARY PUBLIC-CALIFORNIA $
: NOTARY BOND FILED IN ;
: SAN DtECO COUNTY :: My Conmiss\on Ewpirs Janusr~ 4 I?91
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‘- 1403
EXHIBIT "A"
LEGAL OESCR IPTION
That portion of that certain 200 foot right-of-way of the
Atchison, Topeka and Santa Fe Railway Company as granted to California Southern Railway Company under the provisions of
the Act of Congress of March 3, 1875, (18 STAT. 482) and
shown on the Map of said right-of-way filed in the Office of
the Secretary of the Interior March 14, 1881, and approved May 12, 1881, lying within Lot 7 of Section 1, Township 12 South, Range 5 West, and in the West Half of the Southwest
Quarter of Section 6, Township 12 South, Range 4 West, San
Bernardino Meridian, according to the Official Plat thereof lying Southeasterly of a line drawn .parallel with and 235.00
feet Northwesterly measured at right angles to the South-
westerly prolongation of the center line of Oak Avenue, as said Oak Avenue is shown on the Plat of Industrial Tract,
according to Map thereof No.1743, as filed in the Office of
the County Recorder of San Diego County, and lying North-
westerly of a line drawn parallel with and 715.00 South-
easterly measured at right angles to said Southwesterly
prolongation.