HomeMy WebLinkAboutCT 85-24; Upland Industries Corporation; 1991-0208522; Agreement to Pay Fees for Growth Mgmt/Release,
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CITY OF CARLSBAD ;
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Carlsbad, California 92008 Space above this line for Recorder's use
sfer tax:
City of Carlsbad
Parcel No. 212-020-25. 37, 38, 39
AGREEMENT TO PAY BRIDGE AND THOROUGHFARE FEES
THIS AGREEMENT is entered into this day of
la-w=, L , 19"l! by and between Upland Industries Corporation, A
Nebraska Corparation, hereinafter refereed to as'"Subdividerlfl whose
address is 2390 Faraday Avenue Suite A Carlsbad, CA 92008 and THE
CITY OF CARLSBAD, a municipal corporation of the State of
California, hereinafter referred to as "Cityrf whose address is 1200
Carlsbad Village Drive, Carlsbad, California, 92008.
WXTNESSETE
WHEREAS, Subdivider has presented to City for recordation a
final subdivision map of a proposed subdivision known as Carlsbad
Research Center Unit 5, CT 85-24 pursuant to provisions of the
Subdivision Map Act of the State of California, and in compliance
with the provisions of Title 20 of the Carlsbad Municipal Code,
hereinafter referred to as "Codel@, relating to the filing, approval
and recordation of subdivision maps; and
WHEREAS, a tentative map of the subdivision has been approved,
Agreements\AG-34.frm 1 REV 11/29/90
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subject to the requirements and conditions contained in Resolution
of Approval No. 8587 adopted June 6, 1986 hereinafter referred to
as Resolution No. 8587, which is on file in the office of the City
Clerk and is incorporated herein by reference and made a part
hereof; and
WHEREAS, in order in protect the public health, safety and
welfare and to ensure adequate traffic facilities in the City and
compliance with the Public Facilities and Circulation Elements of
the City's General Plan, the City Council, as an exercise of its
police power, has adopted Resolution No. 8744 establishing a Bridge
and Thoroughfare Fee, which is on file with the City Clerk and is
incorporated herein by reference and made a part hereof; and
WHEREAS, Resolution No. 8587 conditions the approval of the
subdivision, among other things, that before the final map is
approved by City council, Subdivider must agree to pay bridge and
thoroughfare fees which help provide funds for the construction of
bridge facilities identified in Resolution No. 8744. Resolution
No. 8744 further provides that payment of said fee must be made at
the time that building permits are issued; and
WHEREAS, Subdivider, in consideration of the approval and
recordation of the final map, desires to enter into this agreement
wherein it is provided that Subdivider or its successor in interest
will pay bridge thoroughfare fees in the amount established by the
City based on the number of trips generated by the land uses in the
subdivision.
NOW, THEREFORE, in consideration of the approval and
recordation by City of the final map, or parcel map, of this
subdivision, and other valuable considerations, Subdivider and City
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agree as follows:
1. Subdivider or its successor in interest shall pay bridge
and thoroughfare fees in an amount determined by City in accordance
with Resolution No. 8744 to obtain, or cause to be obtained;
building permits for structures, other than public improvements, in
the subdivision. The fee shall be paid at the time building
permits for individual developments are obtained. If Subdivider
sells any lots within the subdivision before obtaining building
permits, the successor-in-interest shall assume the obligation.
2. In the event that Subdivider or his successor-in-interest
fails to perform any obligation hereunder, Subdivider agrees to pay
all costs and expenses incurred by City in securing performance of
such obligations, including costs of suit and reasonable attorneys'
fees.
3.' Failure of Subdivider or his successor-in-interest to
comply withtheterms of this agreement shall constitute consent to
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Agreements\AG-34.frm 3 REV 11/29/90
the filing by City of a Notice of Viola WA d against all the lots in
the Subdivision.
Executed by Subdivider this 21 day of , 1990.
SUBDIVIDER: CITY OF CARLSBAD a municipal corporation of the State of California
L. E. Olson,
By: for City Manager
(print-name here)
(print name here)
Assistant Secretary UPLFMI IIU~~S~~E~ caupa~noti
(title and orgrinization of signatory)
(Proper notarial acknowledgement of execution by SUBDIVIDERmust be attached.)
(President or vice-president and secretary or assi.stant,secretz;z must sign for corporations. If, only one officer signs, corporation must attach a resolution certified by the secretary or assistant secretary under corporate sealempoweringthat officer to bind the corporation.)
APPROVED AS TO FORM:
VINCENT F. BIONDO, JR. City Attorney
By: Deputy City A&&ney
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STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE 1
On 1, /. before me, a Notary Public in and for said State, personally Appeared L. E. OLSON, personally known to me -cd to EC 3:: the basir. ti . V., , b to be the person who executed the within instrument as the Vice President, and JANET L. MacLACHLAN, personally . known to me w+~r. th=z has:, oe . I-X) 1 -to be the person who executed the within instrument as the Assistant Secretary of UPLAND INDUSTRIES CORPORATION, the corporation that executed the within instrument and acknowledged to me that such corporation executed the within instrument pursuant to its By-Laws or a Resolution of its Board of Directors.
WITNESS my hand and official seal.
My Commission Expires: