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Home My WebLink AboutMS 615; LA COSTA HOTEL & SPA/DAON CORPORATION; 87-647756; Public Facilities Fee Agreement/ReleaseOC 1755 87-6*7756• • RECORDING TITLE INSURANCE COJpiNY'oVCALIFORNIA// b o o c^-/ T-*-*I *» • •' y"****!** ^ and Return To: CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, CA 92008 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 & Daon Corporation NOV 19 PH 2- 56 1 V£RA L.LYLE ICtoHTYRECORDERI. .^. I required by an Application for MS-615 August 3. 1983 , as Document No. 83-269198 and recorded on is hereby released for the following reason: | x I Fees Paid and Obligation Satisfied |~| Application Withdrawn |~| Other DATED: November 19. 1987 CITY OF CARLSBAD By MARTIN ORENYAK Community Developme ATTEST: _ ALETHA L. RAUTENKRANZ 1 City Clerk APPROVED AS TO FORM:Apf HOVFD AS TO FORM- VINCENT F. BIONDO, ™ f' B'ONOO.JR.', CO Y ATTORNEY City Attorney B RONALD R. BALL IMs Urtnment fited for rewrii by Ticor ^ t«arenc8 Company of California as an accommodation only. :, ,: '; i;ocn examined as to its execution or as .^r^tupsn the title. STATE OF CALIFORNIA ) ) ss COUNTY OF SAN DIEGO ) 1756 On November 19, 1987 , before me the undersigned, a Notary Public in and for said State, personnally appeared Aletha L. known to me to be theRautenkranz 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 the official seal. OFFICIAL SEAL******************************* y^EEfev * feS^lm KAREN R * raJwV NOTARY PUBLIC-CAUFOftNlA * ^' SAN OIEGO COUNTY^My Comm. Exp. Sept. 27, 1989 2075 LAS PALMAS DRIVE M<*O/ dM TELEPHONE CARLSBAD, CA 92009-4859 TS7^"*^jW (619)438-1161 €itp of Cartebab COMMUNITY DEVELOPMENT >~i t 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^'£\/'/ $• Public Facilities Fee Agreement, dated July 23, 1984 Recorder's File LS*' — " No. 84-369942, CUP-258, PC 85-336, 160 Hotel Units /p ~-. Public Facilities fee Agreement, dated June 23, 1987 Recorder's File D ^ No. 87-507761, CUP-258(A), Sign ~> j c'\ r^ yC) l___ (5). Public Facilities Fee Agreement, dated March 30 , 1983 Recorder ' s Di (_/ 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'sFileNo. 81-315859, CT81-39, 78 Condos, Expired. Was located on south side of Costa Del Mar, just east of El Camino Real •vP /I ]/fo. 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 Public Facilities Fee Agreement, dated June 24, 1983 Recorder's File No. 83-269198, MS-615, 9-Hole Golf Course^ 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 A.fD WHEN RECORDED MAIL TO: CITY OF CARLSBAD 1200 Elm Avenue Carlsbad,- California 92008 £.3-269198 ci- r iLi.'.i i-> :: OF?*' "53 AUG -3 m !Q: 20 Space above this line for NO Documentary transfer tax: $ No fee j* t *Signature of declarant determining ""tax-firm name / \J City of C'rljJfc^^S-aaV Parcel No. Z-i5'-Ok|~O(. O<o / "Ziy- i/ OCo AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 24 day of June , 19 83 by and between La Costa Hotel & Spa (Name of Developer) a California general partnership » (Corporati on, partne rsh ip , etc . ) "Developer" whose address is 2100 Costa del Mar Road hereinafter referred to as (Street; Carlsbad, California 92008 (City, State, Zip" Code) and Daon Corporation a Corporation (Name of Legal Owne r) , hereinafter referred to as (Corporation, etc.) "Owner" whose address is 32DO Park Center Drive. Suite 1400(Street) Costa Mesa, California 92626 (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. '' . • RECITALS '' 14 P*"* 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 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: a two lot parcel map for a nine hole golf course and appurtenance facilities. on said Property, which development carries the proposed name of La Costa North Golf- Course /M 2> ~~ (p /S and is hereinafter referred to as "Development"; and WHEREAS, Developer filed on the 29th day of June ____> 19 83 i with the City a request for a tentative oarcel mao 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 No. 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 resu It ing. from the proposed Development; and -2- REV 4-2-82 WHEREAS, Developer and Owner have asked the City to find that ' public facilities and services will be available to meet the future needs o-f 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 a"H shall be based on the valuation at that titnp. This fee shall be in addition to any fees, dedications or improvements required pursuant to Titles 18, 20 or 21 o'f 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 terras "other construction permits"-, "other construction permit" and "entitlement for use" as used in this agreement, except in reference to mobilehome sites or -3- REV A-2-82 . 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 ar\A 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 Genera 1 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- 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 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 onp of the following manners: 7.1 If notice is given to the Ci'ty'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 .deposit ing 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 . ' - •- •- . *J92 . , 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 t>ut 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. -6- ^ 1493 IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. OWNER TION TV. A. DEVELOPER: |_A COSTA HOTEL AND SPA, a California general partnership BY-: BY Allard Roen, Managing Partner TITLE BY TITLE ATTEST: *ALETHA L. RAUTENKRANZ City Clerk APPROVED AS TO FORM: APPROVED VINCE r CITY OF CARLSBAD, a municipal corporation of the State of California BY City Manager VINCENT F. BIONDO, JR., u^"'cl S.~H4titschke, Assistant City Attorney (Notarial acknowledgement of execution by DEVELOPER and OWNER must be attached.) -7- REV 4-2-82 EXHIBIT 1495 LEGAL DESCRIPTION A portion of Parcel 3 .of Parcel Map No. 1188, in the County of San Diego, State of California, filed in the Office of County Recorder of San Diego County. <D 1 -£ 2.il £ •^ 0) o inO <= OJCO CMOO STATE OF CALIFORNIA COUNTY OF On_ Orange }ss.1494 Jimp , before me, the undersigned, a Notary Public in and for Mi ch ae 1 K. Ry an and _, personally known to me (or proved to me on the said State, personally appeared W.A. Colton, III basis of satisfactory evidence) to be the persons who executed the within instrument as V.P. Land r- V-P- DAON CORPORATION the corporation therein named, and acknowledged to me thai such corporation executed the within instrument pursuant to itl by-laws or a resolution of its board of directors. WITNESS my hand and official seal. Marcia A. Brown OFFICIAL SEAL MARCIA A. BROWN Notary Public - California ORANGE COUNTY My Commission Expires Oct 1,1985 (This area for official notarial seal) June 1983 ihftfnrfimft]State of CALIFORNIA SAN DIEGO On this the 24tfyayof Barbara L. Treinmel the undersigned Notary Public, personally appeared Allard Roen 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 my hand and official seal. OFFICIAL SEAL BARBARA L TREMMEI,NOTARY PUBIIC - CALIFORNIA SAN DIEGO COUNTY My comm. K&nt WH 16. 1986 fr Notary's Signature PARTNERSHIP ACKNOWLEDGMENT FORM 7130052 NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • Woodland Hills. CA 91364