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Home My WebLink AboutCB993632; Carlsbad Associates #1 LP; 1999-0818246; Local Facilities Mgmt Zone Fee Agreement/ReleaseRECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: DOC i- 1999~0818246! DEC 17. 1999 X0-38 AM rnICIlY EaRDs i 6RH Dmiu Mww REaRDER’S lmcE 3728 L3EGoRY ;.$mii~ r2yplmR City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad. California 92008-1989 illlllllll 1999-0.918248 Space above this line for Recorder’s use AGREEMENT BETWEEN DEVELOPERlOWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A LOCAL FACILITIES MANAN NSPORTATION FEE THIS AGRBB .i 1:: i,;‘.~; ,~,_+A ,.,_,. by and behnre~,~~~~~,~~~~~~~~~~er/owner) Car-shad *ssociat$$j#1 : I,$$; “‘!J?-.: &~;~“ *li li$ i,: ;.. ~. ‘: Colorado limited partnership “4$ ;;;$F ‘;;, ,~:, ‘, a (corporafioo~“~~~ership,. etc.) 4' &&f&~+: i;:DI; ,_h~f&na*e;.r&~~ed to as ,,:+$ &@&;, $$'~ I". .,_""=i:r;c:l~~~~~~,:.:ii..;~~,~~~~~-:::~~~~~~~.~ --: - A .2,? ::~, "Developer'b~~~~e~ddress is (street, '~~~~~~f~~~~~~~~),-.~643 8. :g$., l,. y: "j+. "lst&~'st .'&$&& 1500 ~;,~' :,:,,,;e~za, _i ,,.- :;:; ::;.- 4i.t !%j#$', ,' 'pi .~ ,.-. _. .-.. x:;;- p; %&; Denver I *~&%a~ 80237and the ‘CITY OFICARLSBAD. a muntipa~~j$&porat$r$ of the *-;; ~,:G~;, >.~,&& ,. ;“’ :,c;:. ‘,’ :;Q! State of Caltfornta, hereinafter referred to as “Cii. whose .a~~~~~‘l~~~‘~~rlsb~~-~:Village -, WHEREAS, the ~Property i ‘yang..;,::. and : ,.,,,. ,,;‘~;;:,$i : :.*+,. 2’~~ .’ ‘,’ WHEREAS, Developer proposed a development,pro)ect as follows: Tenant improvements for MicroVision Development, Inc. comprising approximately 4,080 square feet on said Property, which development carries the proposed name of Fairway corporate Center and is hereafter referred to as “Developmenr; and LFMP Zone TRnrportltion Fee 3729 WHEREAS, Developer filed on the I* day of 0 &-r?~ be * 1993, building permit - withtheCityarequestfor tenant imtmovements$~'% &!& hereinafter referred to as “Request”; and WHEREAS, the Growth Management Ordinance (Cartsbad 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 : ‘. ,:i~~~:,:;,~:~r~~:i,-, _jl, .,;,~;Y!.;,::,: : ;,,c ,‘,,~jii~,j,..i,,~,~:‘.,: ,,,, : ;t ,“,,:I): _ WHEREAS, Developer.~~nd~CClfy~~~wg~~~~~h~~ cot~e,@nrxs&of the Growth Management ,i ~:-,~~i,“*~~;. ;.-. ~~‘,~.;,~,~.::;~, ? ‘ L: be available~to ‘meet the’future~ needs.of ~the Development as &is presen$;propose$ but i a,::: ~, will the Developer ,is ,aware that’ the City cannot and will not be able to make any $ich finding-without ,;&;cTL ‘:,,j -,. ;:& ,,, ,;, financial asststaa~gto pay for such services a ‘$;p’ :.:_:j, \ ,g help satisfythe;Growth;-,Management’Crdinanc ; ~,ff.~~&,<> L__.~, _, Development”~~~~~~~~~~,by c&g~;ITic,i.ordi -~~~~~~~~~ :, ,q$ ;~ urgency ordinan&?~prtl:27,~:1999) by’payment of ,,,::;g:. NOW, THEREFORE, in consideration of the recitals .,and:‘: :r*,y .:, herein, the parties agree,as~.fottows: “, ‘. :: Y,Li: ;:: li ,,,.,: ” ,p., “I, ,:,, ‘.~ ~~ I ‘~ 1. ,,~. ‘.;,,~ ~::./ The Developer~;shall .pay to the Citya &, $$‘~ i ~‘; transpor$on~fawltties fee in an amount .-q;.,-j.: ,,;~‘:;. ,,,~ : y m@;: ,~1: estimated at $10.00 per Average Datly~Trtp (AD,T~geri&ated,. 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 I LFMP Zans ,i-aqm,tim FCC 2 92sl99 3730 - 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. ion permits”. “other construction ference to mobilehome sufficient funds r,, .I. ,.,*1 ,.y /.~~ 4. City agrees to provide~,upon .requi?st,reasonabie::da~~rances to enable Developer ,, ,;“,a,:~,:~: ,~ 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 Truupnutim Fa 3 3731 - 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: f=~l If nntirx7 is oiven ta tt -. ..-..-- .- =..-.. Manager, postage n to Developer by pe ., ,~ ‘.‘::: .~,,‘! : ; ,_I~ :,.... to Developer’at theaddress as ‘many have:been designated,.p~~tagkprep~~~~~~~~~~~,~d. ,;ll~-<y..., .~ s:..>:, .__.. r; :, ..A_ & 7. This-agreement shall’be binding upon and shaltinure to.the$enefjLof$nd shall ,j~ ,,;: ,_,, ;,;:,, ~:., apply to, the;,respe@ive successors-and assi ,, : ‘~i’!~‘> Developer br.:O@$e$n shattbe. deemed to .:- ,i, ~,‘,:“,. ‘,~,~ ),, li,:;; ,&,p.~---~ successors and,jassignsjvithout s’@i@ menti :;J:::;$,-,, -,;~~y ,.’ should cease to:ilia;r_/e,any ~ti-rterest in-the Prope _.,,, terminate; provtded, however, that ,any successor to Develope$s$t$rest, in~:tieproperty shall :,,.,: ‘-, ‘* f’ have first assumed ‘in writing the D&&per’s obligations ~he&&er, ’ ‘Ii, . . LFMP Zom Tnnrporulim Fee 4 ‘, ,,::. _“Tji 3132 0. This agreement shall be recorded but shall not create a lien or security interest in the Property. When the obligations of this agreement have been satisfied, City shall record a release. IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above DEVELOPER-OWNER: CITY OF CARLSBAD, a municipal corporation of the State of California Paul B. Hogan::;. Authorized .$&$iatotiy . "l"" ..-.-- AS T( Lorraine M APPROVFD "--d,'~:QeputY C+y Clerk -I FORM. (title) By: (signature) ’ (print name) ,.:‘,I~~, (title) -. ,., ;~ 1,’ S’ .~’ “&.,” -.y.:, :.. ~..,:,+~.,:~ :1. .~ !,_(~:~,‘.. Q,!$ (Notarial acknowledgm$ ?fk~e$T& of (President or vice president ED secretary or assistant +eqrefary t&f.;;sign for corporations. N only one officer signs, the corporation must attach a resoluti?flFti&i’Cfied by the secretary or assistant secretary under corporate sea/ empowering fhaf,&$i~fo~b/nd fhe corporafion). (If signed by an individual partner, the part&hip must attach a statement of partnership aufhorizing the partner to execute this instrument). Attached LFMP Zone TnnrporUtim Fee 37?3 EXHIBIT A LEGAL DESCRIPTION REAL PROPERTY PARCEL2 OF PARCEL MAP NO. 17830. IN THE CITY OF CARLSBAD. COUNTY OFSAN DIEGO. STATE OF CALIFORNIA. FILED IN THE OFFICE OF’THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 21. 1997. AS FILE NO. 1997-0129122 OF OFFICIAL RECORDS LFMZ TNlsporution Fee 6 3734 On /:6dA-F before me. Carolyn A. Kendrick, N,9;;;e;;;,;;f Officer) personally appeared Paul B. Hogan, Authorized Signatory of Carlsbad (Name[s] of Signetis]) Associates #l, L.P. , personally known to me -OR - (proved to me on the 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 instrumept the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal Signature 6f Notary (This area for official notary Title or Type of Document Date of Document Signer(s) other than named above . ‘. I - 373,s MILLER PROPERTIES GROUP III, LLC RESOLUTION OF MEMBERS The undersigned constituting all of the members of Miller Properties Group III, LLC, a Colorado limited liability company (the “Company”), do hereby adopt the following resolution: That any one of the following: Myron M. Miller, James H. Miller, Donald E. Spiegleman, Gregory L. Pohle. or Paul B. Hogan is hereby designated an authorized signatory for the purpose of executing any and all documents of any kind or nature on behalf of Carisbad Associates I, L.P. This Resolution may be executed in several counterparts, each of which shall constitute an original. Facsimile signatures shall be as binding as original signatures. Dated as of August 31, 1998. er Donald E. Spiegleman as Manager of Spiegleman Family Associates, LLC, A Colorado limited liability company, Member LL=mew lJ-Q4@ Greg&PoMe. Member aul B. H&j&, . 3’736 THE DAVID J. MILLER TRUST, Member By: By: M. LOWINGER TRUST, Member ILLER KIRSTEIN TRUST, Membern By: By: