HomeMy WebLinkAboutV 334; Sixpence Inn Carlsbad & Sixpence Inns America Inc; 82-041593; Public Facilities Fee Agreement/ReleasefJe+ rcclrdjng rcl;urn,to: * .
i ty of"*hrlsbad
200 ElfI Ave. .arlsbad, CA 92008 -
2282 . ’ .- T’ 8~2441593 * . .
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AGREEMENT BETWEEN OWNER, DEVELOPER
AND THE CITY OF CARLSEAD FOR THE (982 FE8 16 AK 11: 24 &,PUJ3LIC FACILJTIES FEE VERA i-.1.“; r.g . L COUEiS ‘{ ::cco;‘,oLR -.-I o this20th day of January I
192, by and between
Sixpence Inn kf Carlsbad, Ltdt
. NO FEZ. I (Name of Develop&)
a Limited Partnership I (Corporation, partnkship, etc.)
hereinafter referred to as "Developer" whose address is
1751 E. Garry Avenue, Suite "C" , -~_ (street) .
Santar.Ana, CA 92F05
(City, state, zip code)
and Sixpence Inns of America, Inc. ? (Name of Legal Owner)
a Corporation
(Corporation, etc.) I
hereinafter referred to as "Owner" whose address is
1751 E. Garry Avenue, Suite "C" (Street)' I
Santa Ana, CA 92705 I (City, state, zip code) _I_---
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.
RECITALS
WHEREAS, Owner is the owner of the real property described
on Exhibit "A", attached to and made a part of this agreement, and
hereinafter referred to as "Property"; and '
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WHERSAS, ' the Property l.ies within the boundaries of City; and
WHEREAS, Developer has contracted with Owner to purchase the
Property and proposes a development project as follows:
109 guest room motel plus manager's unit
on said Property, which development carries the proposed name of
Sixpence Inn of Carlsbad and is
hereinafter referred to
WHEREAS, Developer
19 82 , with the City a
as "Development"; and
filed on the 20th ' day of January
request for variance 33
(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 Cierlr and incorporated by this reference); and
WHEREAS, Developer, Owner and City recoynize the correctness
of Council. Policy No. 17, dated August 29, 1979, pn 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 and‘owner have 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 .
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Developer and Owner are aware that the City cannot and will not be
able to make any such findings without financial assistance to pay
for such services and facilities; and, therefore, Developer and
Owner propose 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, TIIEIUWORE, in consideration of the recitals and the
covenants contained herein, the p&ties agree as follows:
1. The Developer and Owner shall .pay to the City a public
facilities fee in an amount not to exceed 2% of the building
. . permit valuation of the buildings 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. X credit toward such fee shall be given for land which has
been dedicated for park purposes or for any fees paid in lieu
thereof pursuant to Chapter 20.44 of the Carlsbad Municipal Code.
Developer and Owner shall pay a fee for conversion of existing
buil.dings 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
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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 and Owner shall pay to
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. A credit toward such
fee shall be given for land which has been dedicated for park
purposes or for any fees paid in lieu thereof pursuant to Chapter
20.4.4 of the Carlsbad Municipal. Code.
2, The Developer and Owner 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 and
Owner offer 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
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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 constkuction 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 and Owner 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 shali terminate in the event
the Requests made by Developer and Owner are not approved.
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
unlcs,s 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,
5.
enclosed in a sealed envelope, addressed to the City for attention
of the City Manager, postage prepaid and certified.
7.2 If notice is giGen to Developer by
thereof to Developer or by depositing the same in 4 Mail, enclosed in a sealed envelope, addressed to
personal delivery
the United States
Developer at the
address as may have been designated, postage prepaid and certified.
7.3 If notice is given to Owner by personal delivery
thereof to Owner or by depositing same in the United States Mail)
. enclosed in a sealed envelope addressed to Owner at the address set
forth herein or at such other 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, Owner and the City, and references to Developer,
Otiiler 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.
At such time as' Owner ceases to have any interest in the
Property, all obligations of Owner hereunder shall terminate;
provided, however, that if any successor to the Owner's intcrest in
the Property is a stranger to this agreement, such successor has
first assumed the obligations of Owner in writing in a form
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acceptable to City.
9. This agreement shall be recorded but shall not create a
lien or security interest on the property. When the obligations of
this agreement have been satisfied, City shall record a release.
IN WITNESS WHEREOF, this agreement is executed in San Diego c . County, California as of the date first written above.
OWNER: DEVELOPER:
Sixpence Inns of America, Inc. 1751 E. Garry Avenue, Suite "C"
Santa:Ana, CA 92705 Dffnald E. Sodaro. President Sixpence Inns of America, Inc. Title General Partner
BY &A # 'Ah--~ / 'William A. Caine, Vice Presi'dent Title Sixpence Inns of America, Inc. General Partner
ATTEST : CITY OF CARLSEAD, a municipal corporation of the State of California
BY ALETHA L. City Clerk
OWED AS TO FORM:
VINCENT F. BIONDO, JR., City Attorney
I
(Notarial acknowledgement of execution by DEVELOPER and OWTNER must be attached.)
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$
7.
STATE OF CALIFORNIA, 2289 ss. COUNTY OF ORANGE I
On this ---- 20th day of January -------,I982 , before me, the undersigned, a Notary Public in and for said State, personally appeared
~(%lALLLE,, known to me to.be the
------ President, and WILLIAM A. CAINE, JR. , known to me
to be the -------- Secretary of S IXPENCE OF AMFU. INC.
BETTV M. WHITE
Notarv Publtc-Califordm
My Commwon Exe. Frh 22 roQ
the corporation that executed the within instrument and known to me to be the persons
who executed the within instrument on behalf of said corporation, said corporation being
known to me to be ageneral partner of SIXPENCE INN OF CARLSBAD, a partnerskip, 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.
ACKNOWLLDOLMCNT BY CORPORAIION WHICN IS A QLNERAL PARTNLR, WOLCOTTS FORM 230
EXI-IIBIT “A”
LEGAL BESCRIPTION
That portion of Tract 117 of CARLSBAD LANDS, in the City of Carlsbad, in the
County of San Diego, State of California, according to Map thereof No. 1661,
filed in the Office of the County Recorder of San Diego County; March 1, 1915,
described as follows :
Beginning at the Point of Intersection of the Northwesterly line of Elm Avenue,
which is also the Southeasterly line of said Tract 117, with the Westerly boundary
line of Tract 119 of said Carlsbad Lands, as shown on said Map; thence South 55’27’
West along the Southeasterly line of said Tract 117, a distance of 1330.91 feet;
thence North 34”33 ’ West, a distance of 140 feet to the TRUE POINT OF BEGINNING:
thence South 55”27’ West, a distance of 50 feet to a point on the Northeast line
of that Parcel of Land described in deed to Stella Hay Brown, et al, recorded
October 17, 1944 in Book 1764, page 211 of dfficial Records; thence North 34’33 ’
West along the Northeast line of said Brown’s land, .a distance of 310 feet to a point in
the Southeasterly line of that certain Parcel of land described in Deed to Augusta
Asmus, recorded July 20, 1920 in Book 824, page 17 of Deeds: thence North 55”27’
East along the Southeast line of said Asmus land, a distance of 50 feet to a point
which bears North 34” 33’ West from the TRUE POINT OF BEGINNING of the Parcel
of Land herein described; thence South 34Q 33” East, distance of 3 10 feet to the
TRUE POINT OF BEGINNING.
APN# 203-320-04
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