HomeMy WebLinkAboutCT 92-02; Shea Homes LP; 2000-0037304; Local Facilities Mgmt Zone Fee Agreement/ReleaseRECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: )
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3924 ;TAN. 25s ZOO0 1 z 35 ~ PM
FOES: 25.00
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Drive \ l~l~l~l~llllll~Yll~lll~lYHHlYll~ll~lY
Carlsbad. California 92008-1989 2000-0037304
Space above this line for Recorder's use o7 oa
AGREEMENT BETWEEN DEVELOPEWOWNER
AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A
by and betwe
I to as
50
the
of single family homes.
.on said Property, which development carries the proposed name of Parkside
and is hereafler referred to as "Development"; and
PARKSldt-
LFMP Zone Tranrpaation Fee 1 c-r q-a@ snnS/gg qoY pcw-/.lg he
3925
WHEREAS, Developer tiled on the 17th day of December ,1999.
with the City a request for building permits 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;
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WHEREAS, Developer and. City recogniz@;the''correche,ss of the Growth Management
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Ordinance, and that the City's'transportationtranspo@Qon facilities within& afkcted;by.LFMP Zone 3n
are at capacity and will not be available to accommodate:the~addlfional~~nei?a for transportation
facilities resulting frbm the proposed Development; and '"g":., ,, '* ,fL;,.<:,:,
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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 cannot and will not be able to make any such finding without
financial assistan? 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. NS+3'(adopted and effective as an
urgency ordinance April 27, 1999) by payment of an interim transportation fakilities fee.
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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 $10.00 per Average Daily Trip (ADT) generated by the Development pursuant to
the Request. The fee shall be paid prior to the issuance of building or other construction
permits for the Development. Notwithstanding the forgoing, said fee is subject to adjustment,
based upon the amount of the LFMP Zone transportation fee, or other fee, ultimately adopted
by the City Council as the basis for termination of the Moratorium declared by the City Council
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LFMP Zone Transportation Fee 2 512519Y
3926
on April 27, 1999. If said fee has not been paid prior to final Council action formally adopting
such fee, this fee shall automatically be adjusted to be the same as that fee. If this fee has
been paid prior to such Council final action, then this fee will again automatically be adjusted,
and Developer shall, within thirty (30) of written notice thereof by City pay any shortfall; or City
shall within thirty (30) days of such determination, refund any overage. This fee shall be in
addition to any taxes, fees, dedications or improvements required pursuant to Titles 18. 20 or
1 21 of the Carlsbad Municipal Code. The terms ':Q
i , .: -2, for which ,,,,, the.development is intended. .... ~., , .
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i .;. . ... ," ', . Y$s agreement and the fee paid pursuant hereto arS requlred tc'bnsure the :;qs.+:.; , (i. :,
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consistency ,.of ,,the: Development .with. the' Ciys' General'~'Pla
Ordinance:," If the,fee'isnot paid as provided herein, the City wii not have
public facilities and services, and the,developmen't 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 bythis'agreementis paid.: 'j_
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3. Ciqagrees to deposit 'the fees paid pursuant to this agreement in'a',fund for the
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financing of transporkion facilities in or affected by Local Facilities Management,Zone 70
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.
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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.
occupancy
2.
i , .: -2, occupancy for which the.development is intended. .... ~., , .
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2. Y$s agreement and the fee paid pursuant hereto arS requlred tc'bnsure the ~ ,,__ $,i' '~'."t,.
2"" :;qs.+:.; , (i. :,
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consistency ,.of ,,the: Development .with. the' Ciys' General'~'Pla
Ordinance:," If the,fee'isnot paid as provided herein, the City wii not have
public facilities and services, and the,developmen't 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 bythis'agreementis paid.: 'j_
,t, %,.&7~,*.>,': ,. .. I .. ..,*sJ.>,:,, .:,e- ",.,, ,., . - "+*I. i. r
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3. Ciqagrees to deposit 'the fees paid pursuant to this agreement in'a',fund for the
. 1, . . ,,~ t,,.. ,. 'I,' " . , ,
, li..i :, . .. :..* . ,. '$2 ,I.,. iad$!>;,. ;,,??'; .:.>;!,
financing of transporkion facilities in or affected by Local Facilities Management,Zone 70
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.
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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 Transportation Fee 3 5/25/99
L
3927
...
LFMP Zone Transpalration Fee 4 5125199
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.
Assistant gecretary ,. , ., ,:,, ,.
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(Notarial acknowledgment of execution of DEVELOPER and-qWdERmust Wattached).
(President or vice president AND secretary or assistant secretary must,$gn for corporations.
only one officer signs, the corporation must attach a resolution cetfified by the secretary or
assistant secretary under corporate seal empowering that omcecer fo bind the corporation).
authorizing the partner to execute this instrument).
(If signed by an individual partner, the partnership must attach a statement of partnership
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I LFMP Zone Tnnsportation Frc 5 5125199
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~. 3929
EXHIBIT 'A'
LEGAL DESCRIPTION
ALL OF LOTS 36 THROUGH 48 INCLUSIVE, AND LOTS 23 AND 24 OF CARLSBAD TRACT
NO. 92-02 (B) , PARKSIDE PLANNING AREA 'D' , IN THE CITY OF CARLSBAD, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13842,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER
8, 1999 AS FILE NO. 1999-617882 OF OFFICIAL RECORDS.
PAGE 1 OF 1
3930
State of California 1 1 County of San Diego 1
On ' 3"6-49 beforeme, Rhon4.a m. Anq el, d~ol-ary Publit
(Date) " (Name, Title of Officer)
personally appeared u I L a ' % a (NameIs] of Signefls])
Cyr,+h;q Rbush , personally known to me -OR -
(E) to be the person(s) whose name@)
ielare subscribed to the within instrument and acknowledged to me that bMelthey
executed the same in kisflnrltheir authorized capacity(ies), and that by bidbedtheir
signature@) on the instrument the person@). or entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and ofticial seal
\ I I, Signature of Notary
(This area for
official notary seal)
Title or Type of Document
Date of Document
Signer(s) other than named above