HomeMy WebLinkAboutCB 98 3763; Carlsbad HHG/APM Hotel Venture LP; 1999-0463405; Local Facilities Mgmt Zone Fee Agreement/ReleaseRECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO:
3141 JUL 02. 1999 IO-35 AM
OFFICIk REaRDs ~~~~~~~E . ,
l~l~~llwlLlvul~~ll~ll~l~ll 1999-0463406
Space above this line for Recorder’s use
AGREEMENT BETWEEN DEVELOPER/OWNER
AND THE Cl-l-Y OF CARLSBAD FOR THE PAYMENT OF A
LOCAL FACILITIES MANANGEMENT ZONE TRANSPORTATION FEE
.,,%
by and between (name~of developer/owner)
a (corporation; partnership, etc.) L , hereinafter referred to as -
“Developer” whose,address is (street, city, state, zip code) l-lw w. &Y%Rl - twy
Tmllv6,m~ 75zb7 , and the CITY OF’CARLSBAD. a municipal corporation of
the State of C&if&hia,~ hereinafter referred to as “City”, whose address is 1200 Carlsbsid Village
‘. Drive, Carlsbad,“Callfornia, 92008-1989.
WITNESSETH:
WHEREA?; Developer of the real property described on Exhibit ‘A”, attached hereto
and made a partof this agreement, hereinafter referred to as “Property”; ,and
WHEREAS, the ,Property lies within the boundaries of LFMP ,Zone 5 within City;
and
WHEREAS, Developer proposed a development project as follows:
145r &w +b--
3n said Property, which development carries the proposed name of
and is hereafter referred to as “Development”; and
LFMP Zone Transpmtion Fee 1 4/29/99
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I 1 3142
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WHEREAS, Developer filed on the dayof flfiy ‘,19-.
with the City a request for J ud 6 k?P-;;’ hereinafter referred to as
“Request”; and
WHEREAS, the Growth Management Ordinance (Carlsbad Municipal Code Chapter
21.90) 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;
and .,, :~ ;:;~‘~ ,:’
WHEREAS, Developer and;:Ci~,recognii$the cor&&?ss:of the Growth Management ., ,?? .,. ,,. ,“‘.
Ordinance, and that the City’s transportation facilities ,within’or affected by LFMP Zone,
are at capacity and wiltnot be available to accommodatethe’additional need for transportation
‘.,
facilities resultingfrom the proposed Development; and
WHEREAS,: Developer has asked the City to find that public facilities and services will ,,, ,~,,:~,,,,
be availableto’&& ‘,ule ,future needs of the Development as it is presently proposed; but the
Developer is aware, that the City cannot and wiltnot 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 :Growth;Management Ordinance and not be bound: by the Moratorium ‘on such
Development established by City Council Ordinance No. N!%473,~(adopted land effective as an
urgency ordinance’ April 27, 1999) by payment of an interim transportation facilities fee.
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 transportation facilities fee in an amount
estimated at $10.00 per Average Daily Trip (ADT),generated by the Development pursuant to
the Request. The fee shall be paid prior to the issuance of building or other construction
permits for the Development. Notwithstanding the forgoing, said fee is subject to adjustment,
based upon the amount of the LFMP Zone transportation fee, or other fee, ultimately adopted
by the City Council as the basis for termination of the Moratorium declared by the City Council
LFMP Zone Transportation Fee 2 4/29,99
’ 3143
on April 27. 1999. If said fee has not been paid prior to final Council action formally adopting
such fee, this fee shall automatically be adjusted to be the same as that fee. If this fee has
been paid prior to such Council final action, then this fee will again automatically be adjusted,
and Developer shall, within thirty (30) of written notice thereof by City pay any shortfall; or City
shall within thirty (30) days of such determination, refund any overage. This fee shall be in
addition to any taxes, fees, dedications or improvements required pursuant to Titles 18, 20 or
21 of the Carlsbad Municipal Code. The terms,‘:other construction permits”, “other construction
permit” and “entitlement for use? s&sed’in this a$jreemenLexcept~n reference to mobilehome
sites or projects, shall, not’irefer to,~grading permits ,or other ~permitsfor the construction of
underground or street: improvements,uniess noother permit:,is necessary‘ prior to the use or
occupancy for which thezdevelopment is intended.
2. ,:This agreement and the fee paid pursuant hereto are ,required to ensure the
consistency,:.$!he Development with the City’s ,,General Plan and Growth Management
Ordinance. If the fee is not paid as provided herein, the City will not have the funds to provide
public facilitiesand services, and the development,will not be consistent with the General Plan
and any approval or permit for the Development shall be void. No building or other construction
permit shall be,issued until the public facilities fee required by this agreement is paid.
3. City agrees to deposit the fees paid pursuant to this agreement’in a ,fund for the
financing of transportation facilities in or affected by Local Facilities’Management Zo .-
when the City Council determines the need exists to provide the facilities and sufficient funds
from the payment of this and similar public facilities fees are available.
4. City agrees to provide,,upon request reasonable,,assurances to enable Developer
to comply with any requirements of other public agencies as evidence of adequate public
facilities and services sufficient to accommodate the needs of the Development herein
described.
LFMP Zone Tmnspomtion kc 3 4129199
5. All obligations hereunder shall terminate in the event the Request made by
Developer is not approved.
6. Any notice from one party to the other shall be in writing, and shall be dated and
signed by the party giving such notice or by a duly authorized representative of such party. Any
such notice shall not be effective for any purpose whatsoever unless served in one of the
following manners:
6.1 If notice is given to the Ci,ky ofpersonal delivery thereof to the City or by
,.,, .,, ._,.,,~ depositing same in the United States,$lail;‘addressed to ihe’Ci:at:the address set forth herein, : ‘, “,. ~:i ~,,,,
enclosed in a sealed envelope, address&to the.& for attentidh of the-City Manager, postage
prepaid and certified. ,,~
62 !~ lf,,noticeis grven to Developer by personal -dettvery ,theredfto Developer
or by depositingthe same in the United States Mail, enclosed in a sealedehvelope; addressed ,“,: ,,,,
to Developer’ai’the’address as many’have been,deslgnated; postage prepaid and,certified.
7. 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 ‘City, ‘and references to
Developer or Cityherein shall be deemed to be a referenceto: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, ail obligations of Developer hereunder shall
terminate; provided, however, that any successor to Developer’s interest in the ‘property shall
have first assumed in writing the Developer’s obligations hereunder.
. .
.
.
LFMP Zone Transportation Fee 4 4129199
3145
8. 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.
IN WITNESS WHEREOF, this agreement is executed in San Diego County, California
as of the date first written above.
DEVELOPER-OWNER: CITY OF CARLSBAD. a municipal
tate of California
(print name)
(Notarial acknowledgment of execution of DEVELOPER end OWNER must be attached).
(President or vice president w secretary or &&ant secretary must sibn for corporations. If
only one officer signs, the corporation most attach a resolution ‘certified by the secretary or
assistant secretary under corporate seal empowering that officer to,bind the corporation).
(If signed by an individual partner, the partnership must attach a statement of partnership eothorizing the partner to execute this instrument).
I LFMP Zone Transportdim Fee 5 4/29/99
,-
said Parcel 3, North 16’ 37’ 25” West, 101.70 feet to the True Point of Beginning.
Total Area Parcel A and Parcel B = 3.92 acres
.FMZ Tmnsponation Fee
3146 Exhibit ‘A’ ,.,,
LEGAL liES&IPT&l PARCEL A:
Parcels 2 and 3 of Parcel Map No. 17886, in the City of Carlsbad, County of San Diego, State of
California, tiled in the Oft& of the County Recorder of San Diego County on July 30.1997 as File
No. 1997-0362973 of Official Records.
Being portion of Lot 28 of Carl&ad Tract No. 81-46, Unit No. 2, in the City of Carlsbad, County of
San Diego, State of California, according to Map thereof No. 11288, filed in the Office of the County Recorder of San Diego County on July 16,1985.
Excepting therefrom an undivided 50% interest of all oil, mineral, gas and other hydrccarbon
substances below a depth of 500 feet under the realproperty, without right of surface entry, as
reserved by Carl&ad Properties, a partner@ip,~rec&h$July~5,1978 as File No. 78-279136 of
Official Records. ., ,,
‘,,i’;: .,, ‘, ,,:,~ ,.,,, :I’~
PARCEL B: ,~;;..;- .: ~ ‘, :
A portion of Lot 26 ofCarlsbad Trac$J&
,_: ,~,Z Ye”
. 8~1-16,’ Unit No. 2; in the&y of G&&ad, County of San
Diego, State of C&forma, according to Map thereof No. 11288, filed in the Offke of the County . Recorder of San DregoCotnrty on July 16,198.5, said Lot 26 being adjusted by Certificate of
Compliance ADJ~99-01; recorded as Document No. 1999-009414, on February 17, 1999, said
portion momparticularly described as follows:
Beginning at the@st westerly point on the northerly line of said Lot 26, on the southeasterly right
of way line of Owens Avenue, said point also being the most northeasterly corner of Parcel 3 of
Parcel Map’~7886, in the City of Carlsbad, Countyof San Diego, State of California, filed in the
Oftice of the County Recorder of San Diego County on July 30, 1997 as File No. 1997-0362973 of
Oftkial Records; thence, leaving said right of way line of Owens Avenue, alongtbe common
boundary between said Lot 26 and said Parcel 3, South 16’ 37’ 25” East, 38.30 feet (South 16’ 37’
15” East, per said Map 17886) to the True Point of Beginning; thence leaving said common
boundary line, North 79” 47’ 10” East, 66.34 feet, to the beginning of a tangent, 298.00 radius curve, concave southerly; thence easterly along the arc of said curve through a centraJ angle of 23” 40’ 46”,
a distance of 123.16 feet to the beginning of a compound, 138.00 foot radius curve, concave
southwesterly; thence southeasterly along the arc of said curve through a,centml angle of 50” 45’ 02”, a distance of 122.24 feet; thence, leaving said curve, South 52” 45’ 17” West, 82.13 feet; thence
North 49” 27’ 56” West, 91.28 feet; thence South 87” 47’ 20” West, 24.66 feet; thence South 56’ 39
15” West, 70.84 feet to the beginning of a non-tangent 97.00 foot radius curve, concave
northwesterly, a radial to the begimring of said curve bears North 65’ 26’ 28” West; thence
southwesterly along the arc of said curve through a central angle of 66’ 30’ 42”, a distance of 112.60 feet to a point on the southeasterly boundary line of said Parcel 3: thence along said line North 46’
20’ 33” East, 80.24 feet to the most easterly comer of said Parcel 3; thence along the easterly line of
3147
State of
bct,k-+ County of SaaBege
On w G( (44 before me, EAAING ?h, Ko , Ah f-Y
(Date) (Name, Title of Officer)’
personally appeared Icw h. l&m hAl_n ?zK/A s.
(Name[s] of Signer[s])
I personally known to me -OR -
(proved to me on tie basis of satisfactory evidence) to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or entity upon behalf of which the person(s)
acted, executed the instrument.
(This area for
official notary seal)
Title or Type of Document
Date of Document
Signer(s) other than named above
No. of Pages