Loading...
HomeMy WebLinkAboutSDP 88-01; Pacific Coast Hotels Ltd; 88-085098; Public Facilities Fee Agreement/Releasei . ’ , ‘. I - V- 196,2 RECORDING REQUEST. BY AND . WHEN RECORDED MAIL TO: ; 1 CITY OF CARLSBAD. i 1200 Elm Avenue 1 Carlsbad, California 92008 I 88 085098 r ;ty.Pr,?'f-,K.", ,‘I ---"-i .IC 1 C..(_ L1 tw-Fi,jtij ::;. ,-_ _;-,I I f?F ~jc,;i li;~;;y.+ '.-:"":j 1 ; .-! .:$i ,,A” ($3 ,” /’ Space above this line for &Zrder’s‘.use--’ Documentary transfer tax :‘ m RF // AR A-MG Signature of declarant determining tax-firm name City of Carlsbad 210 100 12 00 Parcel No. 210 100 05 09 210 100 06 00 AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into.this 29 day of January , 19 88 by and between P$cific Coast Hotels, Ltd. (Name of developer-owner) a Partnership , hereinafter referred to as (Corporation, partnership, etc.) “Developer” whose address is 17065 W. Bernard0 Drive (Street) San Diego, CA 92127-1495 (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: 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 : A 355 room full service hotel on 7.5 acres to be constructed In two phases. First Dhase is 235 rooms and all support areas(lobby, registration, banquet,dining). Second phase is remaining 120 rooms. t .I ‘. , i,b 1963 . -on said Property, n..rch development carries the proptised name of A major National Franchised hotel/Hotel by the Sea, Carlsbad and is hereinafter referred to as “Developmenttt; and WHEREAS, Developer filed on the 29 day of January I 19 88 , with the City a request for the development of a 355 room full service hotel 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 . . 1. The Developer shall pay to the City a public facilities fee in an . amotint 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 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 tti 1965, - facilities, the City shalt consider, but is not obligated to accept the offer. The time’ for donation and amount of credit against the fee shall be determined by Cit,y 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 ‘ * ’ l . sha V” 1966 . 7. Any notice from one party to the other shall be in writing, and III‘ be dated and signed by the party giv *ing 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 create 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 ’ I . ” 1. b . t. 1967 EXHIBIT “A” LEGAL DESCRIPTION SEE ATTACHED ‘&Jjj TICOR TlTlE-aNSURANek 1968 - THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: THAT PART OF THAT PORTION OF LOT “H” OF RANCH0 AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING.TO PARTITION MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: BEGINNING AT CORNER NO. 6 OF SAID RANCHO, AS SHOWN AND DELINEATED ON SAID MAP; THENCE RUNNING NORTH 89’59’ EAST ALONG THE SOUTH LINE OF SAID RANCHO, AS SHOWN ON SAID MAP, 5317.58, FEET TO A POINT; THENCE NORTH 0’32’ WEST 1558.90 FEET; THENCE SOUTH 89’59’ WEST ALONG A LINE PARALLEL WITH THE SOUTH LINE OF SAID RANCH0 TO AN INTERSECTION WITH THE WESTERLY LINE OF THE 100.00 FOOT RIGHT OF WAY AS DESCRIBED IN A DEED TO THE ATCHISON, TOPEKA AND SANTA FE RAILROAD COMPANY, RECORDED MARCH 10, 1881 IN BOOK 38, PAGE 171 OF DEEDS AND THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED LAND; THENCE CONTINUING SOUTH 89’59’00” WEST ALONG THE ABOVE DESCRIBED PARALLEL LINE 357.17 FEET MORE OR LESS TO AN INTERSECTION WITH THE EASTERLY LINE OF LAND DESCRIBED IN A DEED TO THE STATE OF CALIFORNIA, FOR FREEWAY PURPOSES, RECORDED JUNE 18, 1953 IN BOOK 4894 PAGE 494 OF OFFICIAL RECORDS; THENCE ALONG SAID EASTERLY LINE NORTH 17’20’33” WEST 305.67 FEET; ALONG A TANGENT CURVE TO THE RIGHT WITH A RADIUS OF 212.00 FEET THROUGH AN ANGLE OF 43’20’33” A DISTANCE OF 160.37 FEET; AND NORTH 26’00’00” EAST 107.95 FEET TO THE SOUTHERLY LINE OF PALOMAR AIRPORT ROAD (R.S. 1534) AS DESCRIBED IN DEED RECORDED DECEMBER 7, 1959, AS DOCUMENT NO. 251738 OF OFFICIAL RECORDS; THENCE ALONG SAID SOUTHERLY LINE SOUTH 87’50’23” EAST TO THE WESTERLY LINE OF THE ABOVE DESCRIBED 100.00 FOOT RAILROAD RIGHT OF WAY; THENCE SOUTHEASTERLY ALONG SAID RIGHT OF WAY LINE TO THE TRUE POINT OF BEGINNING. PARCEL 2: THAT PART OF THAT PORTION OF LOT “H” OF RANCH0 AGUA HEDIONDA ACCORDING TO PARTITION MAP NO. 823 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, AS SAID PORTION WAS CONVEYED TO THE STATE OF CALIFORNIA BY PARCEL 2 OF DEED RECORDED JUNE 18, 1965, FILE NO. 108756, SAN DIEGO COUNTY OFFICIAL RECORDS, AND BY DEED RECORDED JUNE 18, 1953, BOOK 4894, PAGE 494, OF SAN DIEGO COUNTY OFFICIAL RECORDS, SAID PART HEREBY CONVEYED DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE BOUNDARY OF RELINQUISHMENT NO. 14749 AS SHOWN ON SHEET 3 OF STATE HIGHWAY MAP NO. 59 RECORDED SEPTEMBER 2, 1966, FILE NO. 144347 OF SAN DIEGO COUNTY OFFICIAL RECORDS, SAID POINT ALSO BEING THE SOUTHERLY TERMINUS OF COURSE 9 AS DESCRIBED IN DEED TO THE STATE OF CALIFORNIA RECORDED JUNE 18, 1953, BOOK 4894, PAGE 494 OF SAN DIEGO COUNTY OFFICIAL RECORDS; THENCE ALONG THE FOLLOWING NUMBERED 1162987 PAGE 6 “: dJ’j TICOR TlTlE JNSURANCE - . . , uir 1969 COURSES; (1) ALONG SAID RELINQUISHMENT BOUNDARY, NORTH 11’49’19” EAST, 68.46 FEET; (2) CONTINUING ALONG SAID BOUNDARY SOUTH 66’14’37” EAST, 185.97 FEET TO THE NORTH LINE OF PALOMAR AIRPORT ROAD AS DESCRIBED IN DEED RECORDED DECEMBER 7, 1959, AS FILE NO. 251738 OF SAN DIEGO COUNTY OFFICIAL RECORDS; (3) LEAVING SAID RELINQUISHMENT BOUNDARY AND ALONG SAID NORTH LINE OF PALOMAR AIRPORT ROAD, NORTH 87’50’23” WEST, 175.31 FEET TO A POINT ON COURSE (8) OF SAID DEED TO THE STATE OF CALIFORNIA RECORDED JUNE 18, 1953; (4) ALONG SAID COURSE (8) NORTH 81”49’10” WEST, (RECORD NORTH 82’27’51” WEST), 9.15 FEET TO THE POINT OF BEGINNING. PARCEL 3: BEGINNING AT THE POINT OF BEGINNING OF HEREINABOVE DESCRIBED PARCEL 2; THENCE ALONG THE BOUNDARY OF SAID PARCEL 2, souTH 81049’10~~ EAST, (RECORD SOUTH 82’27’51” EAST), 9.15 FEET; THENCE LEAVING SAID BOUNDARY AND CONTINUING SOUTH 81’49’10” EAST, FOR A DISTANCE OF 97.47 FEET; THENCE SOUTH 89’18’23” EAST, (RECORD SOUTH 89’56’26” EAST), 41.00 FEET; THENCE SOUTH 0’41’37” WEST, (RECORD SOUTH 0’03’34” WEST), 60.00 FEET; THENCE NORTH 89’18’23” WEST, (RECORD NORTH 89’56’26” WEST), 41.00 FEET; THENCE SOUTH 61’21’24” WEST, (RECORD SOUTH 60’44’ WEST), 33.87 FEET; THENCE SOUTH 26’36’46” WEST, 107.66 FEET (RECORD SOUTH 26°00’OO” WEST, 107.95 FEET); THENCE SOUTHERLY ALONG A TANGENT CURVE CONCAVE TO THE EAST WITH A RADIUS OF 211.99 FEET (RECORD 212 FEET) THROUGH AN ANGLE OF 34014’43y A DISTANCE OF 126.11 FEET TO SAID BOUNDARY OF RELINQUISHMENT NO. 14749 HEREINABEFORE DESCRIBED IN PARCEL 1; THENCE ALONG SAID BOUNDARY NORTH 7’37’57” WEST, 204.32 FEET AND NORTH 10’54’30” EAST, 110.25 FEET TO THE POINT OF BEGINNING. PARCEL 4: THAT PART OF THAT PORTION OF LOT “H” OF RANCH0 AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARTITION MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE BOUNDARY OF RELINQUISHMENT NO. 14749 AS SHOWN ON SHEET 3 OF STATE HIGHWAY MAP NO. 59 RECORDED SEPTEMBER 2, 1966, FILE NO. 144347 OF SAN DIEGO COUNTY OFFICIAL RECORDS, SAID POINT ALSO BEING THE SOUTHERLY TERMINUS OF COURSE 9 AS DESCRIBED IN DEED TO THE STATE OF CALIFORNIA RECORDED JUNE 18, 1953, BOOK 4894, PAGE 494 OF OFFICIAL RECORDS; SOUTH 81’49’10” EAST, (RECORD SOUTH 62’27’51” EAST), 9.15 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 81’49’10” EAST, FOR A DISTANCE OF 97.47 FEET; THENCE SOUTH 89’18’23” EAST, (RECORD SOUTH 89’56’26” EAST), 41.00 FEET; THENCE SOUTH OO41’37” WEST, (RECORD SOUTH 0’03’34” WEST), 60.00 FEET; THENCE NORTH 89’18’23” WEST, (RECORD NORTH 89’56’26” WEST), 41.00 FEET; THENCE SOUTH 61’21’24” WEST, (RECORD SOUTH 60’44’ WEST), 33.87 FEET; THENCE SOUTH 26’36’46” WEST TO THE SOUTHERLY LINE OF PALOMAR AIRPORT ROAD (R.S. 1534) AS DESCRIBED IN DEED RECORDED DECEMBER 7, 1959, AS DOCUMENT NO. 251738 OF OFFICIAL RECORDS; THENCE ALONG SAID SOUTHERLY LINE SOUTH 87’50’23” EAST TO THE WESTERLY LINE OF THE ABOVE DESCRIBED 100.00 FOOT RAILROAD RIGHT OF WAY; THENCE NORTHWESTERLY ALONG SAID RIGHT OF WAY LINE TO THE NORTHWESTERLY TO THE NORTHERLY LINE OF SAID PALOMAR AIRPORT ROAD; THENCE WESTERLY ALONG SAID NORTHERLY LINE TO THE TRUE POINT OF BEGINNING. 1162987 PAGE 7 ) . , ’ c - L 1970 . 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 Coast Hotels, Ltd. (name) BY T.E.Blonski Managing General Partner (Title) BY BY MARTIN ORENYXK, For City Manager (Title) ATTEST: RAUTENKRANZ, City CleGk APPROVED AS TO FORM: c 2--4azQ. ‘24G* e-t-f- VINCENT F. BIONDC, JR., City Attorney (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached. ) -6- REV 7-28-87 -- STATE OF CALIFORNIA x z COUNTY OF San Diego ;ss. I E On Tantlnrv 39. 1988 , before me, the undersigned, a Notary Public in and for 8 said State, personally appeared *?:T,E. Blonskih: ‘1 % I- 5 .!A zi a H personally known to me (or proved to me on the basis of satis- u. factory evidence) to be the person that executed the within E instrument as a f partner(s), i5 on behalf of Pacific Coast Hotels, Ltd. r 5 , the partnership a G therein named and acknowledged to me that the partnership e executed it. ‘D 2 WITNESS my hand and official seal. 3 Signature (This area for official notarial seal)