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HomeMy WebLinkAboutCT 81-39; LA COSTA HOTEL & SPA; 87-647755; Public Facilities Fee Agreement/Release• RECORDING REQUESTED BYW TICQR TITIE INSURANCE COMPANY OF CALIFORNIA 1753 87 647755 Recording Requested By and Return To: CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, CA 92008 RF 4.00 AR 2.00 MG1.00 GOfU)£D iN CF ;A!< n>; 19 PH 2- 56 I VERAL.LYLE COUNTY RECORDER kinamimin-Mj. ••••i RELEASE OF AGREEMENT TO PAY PUBLIC FACILITIES FEES PLEASE TAKE NOTICE that the Agreement For Payment Of Public Facilities Fees between the City of Carlsbad and La Costa Hotel & Spa _ required by an Application for CT 81-39 July 29. 1983 , as Document No. 83-263570 and recorded on is hereby released for the following reason: |_x_| Fees Paid and Obligation Satisfied |~| Application Withdrawn |~~| Other DATED: November 19, 1987 ATTEST: ALETHA L. RAUTENKRANZ City Clerk APPROVED AS TO FORM: VINCENT F. BIONDO, JR City Attorney B CITY OF C By AD MARTIN ORENYAK Community Developmen A~ T FORM- >"' RONALD R. BALL •ftte fustrumsnt file* torrewitf ^f^cor Titb te§tjrmice Company of Galifomi? as an accommodatiofroniy. It I been examined as to its execution OP as •; .';'-:t upon ttietitie. STATE OF CALIFORNIA ) ) ss COUNTY OF SAN DIEGO ) 1754 On , before me the undersigned, a Notary Public in and for said State, personally appeared Aletha L. November 19. 1987 Rautenkranz _. known to me to be the City Clerk of^the City oF"Carlsbad,T~a Municipal Corporation of the State of California, known to me to be the person who executed the within instrument on behalf of said Municipal Corporation, and acknowledged to me that such City of Carlsbad, California, executed the same. WITNESS my hand the official seal. ****************************** * —— OFFICIAL SEAl J KAREN R. KUNDTZ J NOTARY PUBLIC-CALIFORNIA J. * X^SaE/ SAN DIEGO COUNTY * * ^™^ My Comm. Exp. Sept. 27, 1989 J****************************** 2075 LAS PALMAS DRIVE m&Hl dM TELEPHONE CARLSBAD, CA 92009-4859 W^WJrM (619)438-1161 Op of Cartebab COMMUNITY DEVELOPMENT November 18, 1987 Kevin M. Brandt Buchalter, Nemer, Fields & Younger 700 South Flower Street Los Angeles, CA 90017-4183 RE: LA COSTA HOTEL AND SPA Dear Mr. Brandt: The City Manager has asked me to respond to your letter, dated November 5, 1987 regarding agreements that are on file with the County Recorder's Office dealing with the La Costa Hotel and Spa. The following agreements, with the exception of No. 2, CUP-258 (A), Sign, can be released simply by enclosing a check made payable to the "City of Carlsbad" in the amount of $9.00 for each agreement. Public Facilities Fee Agreement, dated July 23, 1984 Recorder's File No. 84-369942, CUP-258, PC 85-336, 160 Hotel Units Public Facilities fee Agreement, dated June 23, 1987 Recorder's File No. 87-507761, CUP-258(A), Sign Public Facilities Fee Agreement, dated March 30, 1983 Recorder's File No. 83-159352, CUP-228, 9-Hole Golf Course Public Facilities Fee Agreement, dated February 6, 1985 Recorder's File No. 85-111228, MS-615, 9-Hole Golf Course ^ n»-\ i s •*&£& Public Facilities Fee Agreement, dated September 17 , 1981- Recorder'sFileNo. 81-315859, CT 81-39, 78 Condos, Expired. Was located on south side of Costa Del Mar, just east of El Camino Real Public Facilities Fee Agreement, dated April 5, 1983 Recorder's File No. 83-263570, CT 81-39, 78Condos, Expired. Was located on south side of Costa Del Mar, just east of El Camino Real November 18, 1987 Kevin M. Brandt Page Two 7/. Public Facilities Fee Agreement, dated June 24, 1983 Recorder's File O No. 83-269198_,_MS-615, 9-Hole GolJ__Course 9 8 . --" 'Reimbursement Agreement for Public Improvements, dated June 9, 1983-Recorder's File No. 83-263566, CT 82-15, Improvements Constructed • The Agreement for No. 2, the Sign Agreement, can be released as soon as an appropriate sign permit is obtained and all the required fees are paid. Through some inadvertent error on our part, a sign permit was never issued. This is a very simple requirement. You will need to have someone submit for a sign permit, we will sign it off and collect the appropriate fees, and then we will release your Public Facilities Fee Agreement for that area. That should clear up all of the Public Facilities Fee Agreements that are on file with the City to be released. The following three agreements cannot be released at this time. 1. Agreement to Pay Fees Required by Growth Management Systems, dated April 13, 1987 - Recorder' s File No. 87-299159, PC-141, Tennis Club Addition, 2,400 square feet 2 . Agreement to Pay Fees Required by Growth Management System, dated April 13, 1987 - Recorder' s File No. 87-299160, PC-587, Spa Exercise Room Addition, 1,720 square feet 3 . Agreement to Pay Increased Fees for Development Management System, dated February 21, 1986-Recorder's File No. 86-082699, CUP-258, PC-85-336, 160 Hotel Units These agreements are a result of the City' s implementation of the Growth Management Plan. All applications that were submitted subsequent to the adoption of the Growth Management Plan were required to sign an agreement to pay any and all future fees associated with the Growth Management Plan. There are two fees that are keeping these agreements from being released at this time. First, is an identified fee, which is an increase from 2.5 to 3.5 percent based on the permit valuation of the construction that occurred in the recent additions and remodeling of the facility. This one percent will be billed within the next thirty days. The second fee, which has not yet been determined, is the commercial and industrial fair share of existing deficiencies in the south Carlsbad area. These are contingent liabilities associated with all applicants/developers who signed agreements to pay any and all future fees. The agreement was a method by which development could occur prior to the establishment of fees. Applicants who chose not to sign the future fee agreements, would not be issued any permits until all of the fees were established so they could pay their fair share to mitigate deficiencies in their Zone or Quadrant of the City. Staff is currently reviewing a fee structure RECORDING REQUESTED BY OD ) '*" 15?5 ^^S3"2o3_OjU WHEN RECORDED MAIL TO: ) l^Rt.'CCBOiiD IN. '', ) ' 1 2£fP1WK?W:i';'CH ! CITY OF CARLSBAD • . ) I O •>«> 1200 Elm Avenue ) ,«M 111! 29 PH '2: 00 Carlsbad, California 92008 ) " / ' ' !_'.: V EP A 1,, I-\;J-_ DSpace above this 1 inp JUMP' Recbrd'ex-'s use NODocumentary transfer tax: $ No fee Signature of declarant determining tax-firm name City of Carlsbad . • Parcel No. Zi-^ib-C)4 ^(g-JTS" 0 1 AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 5th d ay of April > 19g3 by and between La Costa Hotel and Spa ^<±T & l"^ I (n ame of developer-owner) • a • California General Partnership , hereinafter referred to as (Corporat ion, partnership, etc. ) "Developer" whose address is Costa Del Mar Road (street) Carlsbad, California 92008 _^ ' and THE CITY OF (City, state, zip code) CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City", whose address is 12£j&-~"E2l[n AveinTi 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: 78 Unit Condominium Project REV 4-2-82 .-• 1576on s'aid Property, wh ic""^3e ve lopmen t carries the p posed name of vx _ . _ Condo Five _ and is hereafter referred to as "Development"; and WHEREAS, Developer filed on the _^S__day of _ ( J/jQ^^J^ 19 g —>t with the City a request for T^n-hal-i vg Map 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 2, 1982, in 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. — 2 — REV 4-2-82 15>7 • •' -NOW,'-THEREFORE , ^'K consideration of the re' * a 1 s and the covenants contained herein, the parties agree as follows: 1. The Developer shall pay to the City a publi.c facilities fee in an amount not to exceed 2% 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 o f existing building 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 b.e 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 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 to City a public facilities fee in the sum of $1,150 for each mobilehome 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. -3- REV 4-2-82 • . > -,. .. ' 1578 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 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 determinat i'on,. 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 ade.quate public facilities and services sufficient to accommodate the needs of the Development herein descr ibed. . -4- " 1579 . • '* 6-v A1-1 obligatio'^hereunder shall terminat in the event the • •s,,,*' Requests made by Developer 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 unless served in one of the following manners: 7.1 If notice is given to the City of personal del'iye-ry 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- inure to the benefit of, and shall 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. -5- REV 4-2-82 - - 1580 •IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: La Costa Hotel & Spa A California General Partnership (name BY_ Mr. Paul Graham AcrF>n (TitfeV BY CITY OF CARLSBAD, a municipal corporation of the State of California BY City Manager (Title) ATTEST: * 'j*r. \J\ ' ^a^^, ClertoL. RAU'TENKRANZ, City C •APPROVED AS TO FORM: ROVED AS T IK ;E:>T F/BI S, Hentschke. Assistant ity Attorney VINCENT F. BIONDO, JR., City Attorney CAT. NO. NN00630 TO 1946 CA(7-82) (Partnership) ( STATE OF CALIFORNIA a COUNTY OF San Diego t w uI 1581 TITLE INSURANCE AND TRUST ATICOR COMPANY April 5. 1983On said State, personally appeared Paul Graham before me, the undersigned, 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 of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. WITNESS my hand and official seal. Signature OFFICIAL SEAL R1CKI GEM CLAVIER \ TA^ PUBLIC- CALIFORNIA | SAN DIEGO COUNTY ) SEPU (This area for official notarial seal)