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HomeMy WebLinkAboutCUP 258; LA COSTA HOTEL AND SPA; 87-647759; Public Facilities Fee Agreement/Release. ^CORDING REQUESTS) BY TlCOfl TITLE INSTANCE COMPANY OF CAUhrfRI*87 «.* ,, u tot and Return To: CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, CA 92008 FRF 4.00 AR 2.00 MG 1.00^ 133? NOV 13 m 2--56 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 cup-258 September 28, 1987 , as Document No. 84-369942 and recorded on is hereby released for the following reason: |jf| Fees Paid and Obligation Satisfied |~| Application Withdrawn |~~| Other DATED: November 18, 1987 MARTIN ORENYAK Community Development Djj ATTEST: ALETHA L. RAUTENKRANZ City Clerk APPROVED AS TO FORM: VINCENT F. BIONDO, JR. City Attorney BY By APPROVED AS TO FORM: VINCENT F. BIONDO, JR., CITY ATTORNEY" RONALD R. BALL This Instruct filed for record by TicorTrfle . ^France cUw « California as an accomr««lat«m only.lt hss not been examined as to its execution or as to its effect upon the title. STATE OF CALIFORNIA ) ) ss COUNTY OF SAN DIEGO ) 176E On November 19, 1987 , before me the undersigned, a Notary Public in and for said State, personnally appeared Aletha L. Rautenkranz > known to me to be the City Clerk of the City of Carlsbad,aMunicipal 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 the official seal. ****************************** * XSSfe^ OFFICIAL SEAl * lC«i& KAREN * raf^wi NOTARY PUBLIC-CALIFORNIA * \S.8S&' SAN CHEGO COUNTY* -V*£®' My Comm E)(p sgpt j?, 1989 *****,I*********************** Notary)Public 2075 LAS PALMAS DRIVE M^jOI/ dM TELEPHONE CARLSBAD, CA 92009-4859 WfTf^JlJ^^ (619)438-1161 Cttp of Cartebab COMMUNITY DEVELOPMENT -u*. r 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 except ion 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. \0 jP\/x/ <3D« Public Facilities Fee Agreement, dated July 23, 1984 Recorder's File VVX Cy*-— No. 84-369942, CUP-258, PC 85-336, 160 Hotel Units cA |O)L- _ ^ Public Facilities fee Agreement, dated June 23, 1987 Recorder's File O ^ No. 87-507761, CUP-258 (A), Sign fo \_ <§>• 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 Public Facilities Fee Agreement, dated September 17, 1981- Recorder ' s File No. 81-315859 , CT 81-39 , 78 Condos, Expired. Was located on south side of Costa Del Mar, just east of El Camino Real 'to ). Public Facilities Fee Agreement, dated April 5, 1983 Recorder 's File No. 83-263570, CT 81-39, 78 Condos, Expired. Was located on south side of Costa Del Mar, just east of El Camino Real November 18, 1987 Kevin M. Brandt Page Two y L ~TJ. Publ ic Facil it ies Fee Agreement, dated June 24, 1983 Recorder' s File No. 83-269198, MS-615, 9-Hole Golf_£ourse 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 232 RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: )' ) CITY OF CARLSBAD ) 1200 Elm Avenue ) Carlsbad, California 92008 ) .., ' OFFICIAL hECORt'S ', OF SAN DIEGO CCU1'' r.CA.i PK 12 37 VERA i .{_'•.-, ECOUNTY RECGriLO 84-369942 Space above this line for Recorder's use Documentary transfer tax: $ No fee WO FEE Signature of declarant determining tax-firm name City of Carlsbad Parcel No. 216-123-04 _ AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this by and between LA COSTA HOTEL AND SPA 3 day of , 19 £/ (name of developer-owner) a GENERAL PARTNERSHIP (Corporat ion, partnership, etc. ) "Developer" whose address is COSTA DEL MAR ROAD , hereinafter referred to as (street) CARLSBAD, CA 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 1: Carlsbad, California, 92008. „-•- W I T N E S S E T H: WHEREAS, Developer is the owner of the real jTfUpercTy^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: Expansion and remodeling of existing facilities. : REV 4-2-82 C. 233 on said Property, which development carries the proposed name of LA COSTA HOTEL AND SPA and is hereafter referred to as "Development"; and WHEREAS, Developer filed on the ^.J day of ^J 19 £, with the City a request for CONDITIONAL USE PERMIT. 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-cahnot 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 j.Ji: 234 NOW, THEREFORE, in consideration of the recitals and the covenants contained herein, the parties agree as follows: 1. The Developer 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 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 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 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 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 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 facilitates 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 9 - "- " ' " 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. '••.««: 236 _o6\ ATI 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. 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 E37 IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: LA COSTA HOTEL AND SPA OWNER'S REPRESENTATIVE (Title) BY CITY OF CARLSBAD, a municipal corporation of the State of California BY City Manager (Title) ATTEST: ALETHA L. RAUTENKRANZ, City.C^erk APPROVED AS TO FORM:^^ V.INCENT F. BIONDO, JR., City Attorney (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached. ) -6- REV 4-2-82 239 II * IIEXHIBIT "A LESAL DESCRIPTION (Attached) Application for Conditional Use Permit, Project: Expansion and remodeling of La Costa Hotel and Spa Stiteof CALIFORNIA^ Countyof SAN DIEGO 238 Vss. On this the 23rctlayof Barbara L . s@3@es3&es@g£i& July Tremmel &&S<S<SiS<SiSeS<!ieS<S<Sc!eZ 19 ^, before mt OfFfdAL SEAL PAfrBARA L TREMMEL 0fMP PMItlC - CALIFORNIA «W DIEGO COUNTYMy oomm. «cpfrw MAY 16,1986 the undersigned Notary Public, personally appeared Paul Graham 8 personally known to me D proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument on behalf of the partnership, and acknowledged to me that the partnership executed it. WITNESS mv hand and official seal. Notary's Signature PARTNERSHIP ACKNOWLEDGMENT FORM 7130 052 NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • Woodland Hills. CA 91364