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HomeMy WebLinkAboutCT 84-21; CEIBIS/WAVE CREST/WOPSCHALL; 90-455897; Public Facilities Fee Agreement/Release619 J 455897 Recording Requested By and Return To: CITY OF CARLSBAD 1200 Elm Avenue " Carlsbad, CA 92008 0 ft 35 RELEASE OF AGREEMENT TO PAY PUBLIC FACILITIES FEES RF4.QQ AR2.00 MG1.00 PLEASE TAKE NOTICE that the Agreement For Payment of Public Facilities Fees between the City of Carlsbad and Ceibis Properties S Wave Crest II & Wopschall, Paul (84-93) required by an Application for CT-84-2I/CP-290/RP/CP-84-II 08/13/84 hereby released for the following reason: [XXI Fees Paid and Obligation Satisfied 1 ) Application Withdrawn Other and recorded on , as Document No. 84-3Q7I9U is Dated:August 9, 1990 CITY OF CARLSBAD By Y MARTIN Community Development Director ATTEST: ALETHA L. RAUTENKRANZ City Clerk APPROVED AS TO FORM VINCENT F. 8IONDO, JR. City Attorney /KAREN J. HIRATA DEPUTY CITY ATTORNEY 620 STATE OF CALIFORNIA ) ) ss . COUNTY OF SAN DIEGO ) On August 13, 1990 , before me the undersigned, a Notary Public in and for said State, personally appeared . Aletha L. Rautenkranz known to me to be the City Clerk of the City of Carlsbad, 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 KAREN R. KUNOTZ NOTAHrHWUC-CALIFORNIA WflNCIPAL OFFICE IN SAN DIEGO COUNTY My. Conrn. Exp. S«pt 27.1993 4-307194 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY OF CARLSBAD' 1200 Elm Avenue Carlsbad, California 92008 -- ) ) ) ) ) ) Space above Documentary ^ I £-r1 Cr ,'. , m AUG ! VcRI COUNT i, r I L 13 PM (, i . V KiLu'Ji-; f V A 2 1 this line for Recorder-1-*-! transfer tax:$ No ;> i 5 » f use fee Signature of declarant determining tax-firm name City of Carlsbad Parcel No. AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 6th day of August , 1 9 84 by and between Wavfe Crest II (Name of Developer) a California Ltd. Partnership (Corporation, partnership, etc. ) "Developer" whose address is 1400 Ocean Avenue , hereinafter referred to as (Street) Del Mar. CA 92014 and (City,State,Zip Code) Paul R. Wopschall. an Individual and (Name of Legal Owner) a Ceibis Properties, a partnership , hereinafter referred to as (Corporation, etc.) "Owner" whose address is 3248 Carlsbad BouelvarH (Street) Carload. CA 92008 (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. REV 4-2-82 Rp/cp " 1973 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 refefred to as "Property"; and WHEREAS, the Property lies within the boundaries of City; and WHEREAS, Developer has contracted with Owner to purchase the Property and proposes a development project as follows: 1 condominimum hotel, 1 condominium restaurant, and 54 time share condominiums on said Property, which development carries the proposed name of Tamarack Beach Resort. and is hereinafter referred to as "Development"; and WHEREAS, Developer filed on the day of , 19 , with the City a request for A Tentative Tract Map. Ma lor Condominium permit, Major Redevelopment permit, and Major planned unit development 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 incorporated by this reference); and WHEREAS, Developer, Owner and City recognize the correctness of Council Policy N<T. 17 dated April 2, 1982, 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 -2- REV 4-2-82 ; "^1974 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 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. NOW, THEREFORE, in consideration of the recitals 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 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 and Owner shall pay a fee for conversion of 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 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 _ 0_ REV 4-2-82 '.•°- 1975 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 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. 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 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 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 fe£ 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- REV 4-2-82 T.O'1976 * 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 des cribed. 6. All obligations hereunder shall terminate in the event the 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 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. -5- REV 4-2-82 1977 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 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. III -6- REV 4-2-82 ; -.'0 1978 IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. OWNER: Paul A. Ceibirs/Properties^' (Signature; Paul R. (Name) (Signature) ATTEST: ALETHA L. RAUTENKRANZ City Clerk APPROVED AS TO FORM: VINCENT F. BIONDO, JR., City Attorney DEVELOPER: Wave Crest II. A California Ltd. Partnership TITLE William L. Cansa. Partner TITLES") Stepjaen W^. Adaps^ Partner \ AdalsT Partner iRLSBAD, a municipal corporation of the State of California BY City Manager "(Notarial acknowledgement of execution by DEVELOPER and OWNER must be attached.) -7- REV 4-2-82 STATE OF CALIFORNIA COUNTY OF On ss. personally known to me or proved to me on the basis of satisfactory eviaen of the partners of the partnership that executed the within Instrument, and WITNESS my hand and official seal. me, the undersigned, a Notary Public in and for said State, personally appeared partner OFFICIAL SEAL (Seal) Xf^4$.¥ft KATHY FOWLER(Seal) AL^JiKH NOTARY PUBLIC-CALIFORNIA 4 SAN DIEGO COUNTY $ My Commission Expires Nov. 6, 1987 I}. 052977 9-8Z* 25 PS Partnership Notarial Acknowledgment \(Notary Aiblic's Signature) STATE OF CALIFORNIA COUNTY OF San._Diego. SS. On AugUS-t-.-6-T.-19.8.4 , before me, the undersigned, a Notary Public in and for said State, personally appeared P.aul..R....W.Qpachal.l - known to me to be the person(s) whose name(s) subscribed to the within Instrument and acknowledged that he executed the same. WITNESS my hand and official seal. (Seal)OFFICIAL SEAL KATHY FOWLER rt NOTARY PUBLIC-CALIFORNIA sf' SAN DIEGO COUNTY (<• My Commission Expires Nov. 6, 1987 0 (NotarV PublicV; Signature) o> I | STATE OF CALIFORNIAp San Diego On this 6th rtay nt AugUSt SS. in the year 1984 before me, the undersigned, a Notary Public in and for said County and State,William L. Canepa, Stephenpersonally appeared W. Adams and Jeffrey T.Adams personally known to me (or proved to me on the basis of satisfactory evidence) to be the person (s) that executed this instrument on behalf of the partnership and acknowledged to me that the partnership executed it. Sanctity ol Contract FOR NOTARY SEAL OR STAMP Signature OFFICIAL SEAL NINA MARSHALL Notary Public-California Principal Office In San Diego County My Comm. Exp Jan. 2, 1988 Notary Public in and for said County and State 1980 EXHIBIT "A" LECAL DESCRIPTION PARCEL 1: APN 204-123-09 That portion of Tract 202 of THUM LANDS, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1681, filed in the Office of the County Recorder of San Diego County, December 9, 1915, together with a portion of the Northwesterly 10.00 feet of Walnut Avenue as vacated by a Resolution of the City Council of the City of Carlsbad, recorded May 19, 1964 as File No. 89989 of Official Records, being more particularly described as follows: Beginning at the most Southerly corner of said Tract 202; thence along the Southwesterly line of said Tract, North 30°40'00" West, 200.46 feet to the most Westerly corner thereof; thence along the Northwesterly line of said Tract, North 55°27'00" East, 125.01 feet to the most Westerly corner of the land described i'n Deed to John H. Grant, et ux, recorded October 11, 1957 in Book 6789, Page 67 of Official Records; thence along the Southwesterly line of said Grant's land and the Southeasterly prolongation thereof, South 34°33IOOn East, 210.00 feet to the Southeasterly line of the Northwesterly 10.00 feet of Walnut Avenue as shown on said Map No. 1681; thence along said Southeasterly line, South 55°27100" West, 128.59 feet to the beginning of a tangent 10.00 foot radius curve concave Northerly; thence Southwesterly, Westerly and Northwesterly along said curve through a central angle of 90°00'00" an arc distance of 15.71 feet to the Point of Beginning. PARCEL 2: APN 204-123-10 That portion of Tract 201 of THUM LANDS, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1681, filed in the Office of the County Recorder of San Diego County, December 9, 1915, described as follows: Beginning at the intersection of The Southeasterly line of said Tract 201, with the Easterly line of California State Highway Bright of way as described in deed to the State of California, recorded January 26, 1934, instrument No. 3649, Book 274, Page 2 d'f Official Records said point being on the arc of a non-tangent 950.00 foot radius curve, concave Easterly a radial line of said curve bears North 65O54'12" East from said point; thence North 55°27I0011 East along the Southeasterly line of said Tract 201, a distance of 178.75 feet to a point in the Southwesterly line of said land described in deed to Huie Hughes, et ux, recorded July 31, 1957 in Book 6686, Page 467 of Official Records; thence North 34°33' West, 7.00 feet to the most Westerly corner of said land; thence North 55°27' East 60.00 feet to the most Northerly corner of said land; thence North 34°33' West along the Northwesterly prolongation of the Northeasterly line of said land, 53.00 feet, more or less, to a point in the Southeasterly prolongation of the Northeasterly line of Block 20 of the Town of Carlsbad, according to Map No. 535, filed in the office of the County Recorder of San Diego County, distant thereon South 34°33' East, 140.00 feet from ,..<K 1981 the most Northerly corner of said Block 20; thence South 55°27' West, 70.00 feet; thence North 34°33' West, 25.00 feet to the Southeasterly corner of the land described in deed to Claud M. Frazier, et ux, recorded September 25, 1950 in Book 3791, Page 258 of Official Records; thence along said Southeasterly line South 55°27' West, 148.98 feet to a point on the above-mentioned Easterly line of California State Highway right of way, being a point in the arc of said non-tangent radius curve, a radial line of said curve bears North 71°10'07" East from said point; thence South along said curve through a central angle of 5°15I55", a distance of 87.30 feet to the Point of Beginning. PARCEL 3: APN 204-123-11 A portion of Block 20 of the Town of Carlsbad, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 535, filed in the office of the County Recorder of San Diego County, and a portion Tract 201 of THUM LANDS, Carlsbad, California, according to Map No. 1681, filed in the office of the County Recorder of San Diego County, said portions more particularly described as follows: Beginning at the most Northerly corner of said Block 20 of the Town of Carlsbad; thence South 34°33' East along the Northeasterly line and the Southeasterly prolongation of the Northeasterly line of said Block 20, to a distance of 140.00 feet; thence South 55°27' West, 70.00 feet; thence North 34°33' West, 30 feet; thence South 55°27' West, 142.0 feet, more or less, to the Easterly line of California State Highway, U.S. 101; thence Northerly along the Easterly line of said Highway to the Southerly line of Pine Avenue, as shown on Map 1681; thence along the Southerly line of Pine Avenue North 55°27' East, a distance of 170 feet, more or less, to the point of beginning.