Loading...
HomeMy WebLinkAboutV 334; Sixpence Inn Carlsbad and Grant, John and Mary; 82-041592; Public Facilities Fee Agreement/Release-t& recijrd,ing re,turn !o: - l . c 3y ot.'cdrls bad / 2271 * LOO tlm Ave. IrIsbad, CA 92008 AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR THE o this Zlstday of January 1982, by and between S&pence Inn of Carlsbad, Ltd. . (Name of Developer) . a Limited Partnership I (Corporation, partnership, etc.) hereinafter referred to as "Developer" whose address is NO FEE 1751 E. Garrv Avenue, Suite "C" (Street) . ? Santa Ana, CA 92705 (City, state, zip code) , and John H, Grantancl3lar-y C. Grant (Name of Legal Owner) I Husband and Wife, as community property (Corporation, etc.) I . hereinafter referred to as "Owner" whose address is 4056 Skyline Road (Street)' ? Carlsbad, CA 92008' (City, state, zip code) I AND the CITY OF CARLSDAD, 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 ' l/33$ . : . I . *_’ < ’ I 2272 ’ &EF~AS, WHEREAS, Developer has contracted the Property lies within the boundaries of City; and with Okner to ,L,E.k"_"t,, Property and proposes a development project as follows: 109 guest room motel plus managers unit on said Property, which development carries the proposed name of Sixpence Inn of Carlsbad and is hereinafter referred to as "Development"; and WHEREAS, Developer filed on the 2Isr day of January I 19 82 , with the City a request for variance -' 3+ (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 need or such serve a development will be availahle concurrent with development shall not be approved (said element is on file with the City Clerk and incorporated, by this reference); and WiEREAS, Developer, Owner and City recognize the correctness of Council Policy No. 17, dated August 29, 1979, pn fi‘le 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 WHlXU2AS, 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 2. . . .* * %’ I ‘L I 2273 ‘L * 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. r NOW, THEREFORE, in consideration of the recit;ls and the covenants contained herein, the parties 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. A cl-edit 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 buildings 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 : -.. a . , ‘. i 2274 - 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 undergroun_d 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 20.44 of the Carlsbad Kunicipal Code. - 2. The Developer and Owner may offer to donate a site or 5 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 4. . u /* .- ’ . , 2275 * - :. ‘. 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 shall 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 1 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, 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 gi\en 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. 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, Owner 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 interest in the Property is a stranger to this agreement, such successor has first assumed the obligations of Owner in writing in a form 6. 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: . (&hn H. Grant Mary C. Grant ALETIiiii L. City Clerk. APPROVED AS TO FOP&I: --.- Sixpence'lnns of America; Inc., T-if-]-e General Partner ‘William A. Caine, Title Sixpence Inns of America, Inc., General Partner CITY OF CARLSCAD, a municipal corporation of the State of California BY City Manager 1) City Attorney . (Notarial acknowledgement of execution by DEVELOPER and OWNER must be attached.) . s T t . I I 7. . --a...--. --.-_-_ . I-. -.w.--- STATE OF CALWORN COUNTY O?_sxn \eq 8 ss. h ~b~\Lcu~\ ai.yc&~ -- before mr, for raid County and Statr. cs-uk*md -- ~-- , known to me to k the pereon~nhose name- uhs-ribrd to thr within iastnttnent and acknowledged 1 Gmnc. tha &&$f-executed the - STATE OF CALIFORNIA, COUNTYOF ORANGE BETTY H. WHITE / Nolary Public-Cali~ Orange County My Commssbn Exp. Fob. 22.lBB 2278 ,FOR NOTARY SEAL OR BTAM? NOTARY FWLIC CAL!FORNIA ~RIHCIPAI. OFFICE IN SAN DIEGO COUNW 85. , On this ---------22nd day of January---- K8J-- before me, the undersigned, a Notary Public in and for said State, personally appeared DONALU. SODARO , known to me to be the -e-e President, and WILLIAM A. CAINE, JR. , known to me to be the ---------- 6ecretary of SIXPENCE INNS OF AMERICA, INC. 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 1 known to me to be a general partner of SIXPENCE INN OF CARLSBAD, 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. WITNESS my hand and official seal. Notarv Pfiblrc rn and for said State. ACKNOWLEOGEMENT BY CORPORATION WHICH IS A GENERAL PARTNER, WOLCOTTS FORM 230 . . 2279. - EXHIBIT "A" LEGAL BESCRIPTION APN 203-320-03 That portion of Tract No. 1.17 of CARLSBAD LANDS, 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: Commencing at the intersection of the Northwesterly line of Elm Avenue, which is also the Southeasterly line of said Tract 117, with the Westerly line of Tract No. 119 of said Carlsbad Lands, as shown on said Map No. 166 1; thence South 55’27’ West along the Southeasterly line of said Tract No. 117 a distance of 1380.91 feet to a point; thence North 34’33 West a distance of 310 feet to the TRUE POINT OF BEGINNING; thence continuing North 34”33’ West a distance of 140 feet to a point in the Sotitheasterly line of that certain tract of l&d conveyed to Augusta Asmus by deed recorded July 20, 1920 in Book 824, page 17 of Deeds, records of San Diego County: thgnce South 55”27’ West along the Southeasterly line of said land so conveyed to said Asmus a distance of 56.26 feet to a point; thence South 34” 33’ East a distance of 140 feet to a point: thence North 55”27’ East a distance of 56.26 feet to the TRUE POINT OF BEGINNING. APN 203-320-05 All that portion of Tract 117.of Carlsbad Lands, in the City of. Carlsbad, in the County of San Diego, State of California ,. according to the Map thereof No. 166 1, filed in the Office of the County Recorder of San Diego County; March 1, 1915, described as follows: Beginning at the intersection of the Northwesterly line of Elm Street which is also the Southeasterly line of Tract 117, with the Westerly boundary of Tract 117 of Carlsbad Lands, as shown on said map; thence South 55”27’ West, 119 7.56 feet to the most Easterly comer of the land described in deed. to Harry M. Balcom recorded July 18, 1946 in Book 2193, page 38 Official Records: thence North 34”33’ West 225 feet to the most Northerly corner of said Balcom’s land, said point being the TRUE POINT OF BEGINNING; thence continuing North 34”33’ West,’ a distance of 225 feet to a point. Said point being the most Northerly comer of the land conveyed to R. R. Kane, et uk, by deed recorded . December 13, 1945 in Book 2003, page’351, Official Records: thence South . 55“27’ West along the Northwesterly line of said Kane’s land, a distance of *1 . EXHIBIT “A” Legal Description - (Cont d) 2280 Page Two 133.35 feet to the most Westerly corner of said Kane’s land: thence South 34’33’ East along the Southwesterly line of said Kane’s land, a distance of 225 feet to the most Westerly comer of the land conveyed to Laura M. Hines, by deed recorded May 1, 1946 in Book 2115, page 480, Official Records: thence North 55” 27’ East along the Northwesterly line of said Hine’s land and along the Northwesterly line of Balcom s land, a distance of 133.35 feet to the TRUE POINT OF BEGINNING. Excepting there from the Northeasterly 60.00 feet thereof. APN 203-320-06 The Northeasterly 60 feet of that portion of Tract 117 of Carlsbad lands, in the City of Carlsbad, in the County of San Diego, State of California, accord- ing 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 intersection of the Northwesterly line of Elm Street which is also the Southeasterly line of Tract 117 with the Westerly boundary of tract 119 of Carlsbad lands as shown on said Map: thence South 55” 27’ West 1197.56 feet to the most Easterly comer of the land described in deed to Harry M. Balcom recorded July 18, 1946 in Book 2193, page 38 of Official Records; thence North 34“33’ West 225 feet to the most Northerly corner of said Balcom’s land, said point being the TRUE POINT OF BEGINNING; thence continuing North 34” 33 ’ West a distance of 225 feet to a point, said point being the most Northerly corner of the land conveyed to R. R. Kane et ux, by deed recorded December 13, 1945 in Book 2003, page 351 of Official Records; thence South 55”27’ West along the Northwesterly line of said Kane’s land a distance of 133.35 feet to the most Westerly corner of said Kane’s land; thence South 34”33’ East along the Southwesterly line of said Kane’s land a distance of 225 feet to the most Westerly corner of the land conveyed to Laura M. Hines by deed recorded May 1, 1946 in Book 2115, page 480 of Official Records: thence North 55 27’ East along the Northwesterly line of said Hine’s land and along the Northwesterly line of Balcom’s land, a distance of 133.35 feet to the TRUE POINT OF BEGINNING. ,** 7 *I ’ EXHIBIT “A ” Legal Description - (Cont’d) ‘- 2281 - Page Three APN 203-320-12 That portion of Tract No. 117 of CARLSBAD LANDS, in the City of Carlsbad, County of San Diego, State of California, according to Map No. 1661, filed in the Office of the County Recorder of San Diego County, March 1, 19 15, 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 No. 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 to the TRUE POINT OF BEGINNING: thence North 34’33’ West, a distance of 140 feet to a point: thence South 55”27’ West, a distance of 50 feet to a point; thence South 34”33’ East, a distance of 140 feet to the Southeasterly line of said Tract 117; thence North 55”27’ East, a distance of 50 feet to the TRUE POINT OF BEGINNING. APN 203-320-34 APN 203-320-35 That portion of Tract 117 of CARLSBAD LANDS, in the City of Carlsbad, County of San Diego, State of California, according to the Map thereof No. 1661, filed in the Office of the County Recorder of San Diego County, March 1, 1915, described as follows: Beginning at a point of intersection of the Northwesterly line of Elm Avenue, which is also the Southeasterly line of Tract 117, with the Westerly boundary of Tract 119 of Carlsbad lands as shown on said Map: thence South 55”27’ West 1264.24 feet to the TRUE POINT OF BEGINNING; thence North 34”33’ West 225 feet to a point: thence South 55”27’ West 66.67 feet: thence South 34’33’ East 225 feet: thence North 55’27 East 66.67 feet to the TRUE POINT OF BEGINNING.