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Home My WebLink About; Cornerstone Corporate Centre LLC; 1999-0583073; Local Facilities Mgmt Zone Fee Agreement/Release3011 DtlC Y-- 1999-0583073 fMJG 24. 1999 10:41 ml [WI DIE&l MWTY iilXWER’S t-&WE RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: 1 City Clerk i CITY OF CARLSBAD 1200 Carlsbad Village Drive ; Carlsbad, California 92008-1989 ) 1999.0633073 Space above this line for Recorder’s use AGREEMENT BETWEEN DEVELOPER/OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A LOCAL FACILITIES MAN attached hereto and A 52,000 Commercial Office Building on said Property, which development carries the proposed name of y Centre and is hereafter referred to as “Development”; and LFMP Zone Tmspomion Fee 1 5/25/99,. 3072 WHEREAS, Developer filed on the 2nd day of August suite 280 .192L, with the City a request for Build% Permit lgo3 Wright P1ace hereinafter referred to as “Request”; and CC@ 94 2101) 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; Ordinance, and that th the Growth Management Development; and llffes fee in an amount e 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 Tramporlatim Fee 2 MS/99 3073 - 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 t n reference to mobilehome &the construction of ,,,:, ,~ &>~W 4. City agrees to pro\iide~.~ponrequest~rea~~~~~~~~~~rances to enable Developer ,: t, ;,r*sijL*l,~:::.,r~.i,~.., ., 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. I LFMP Zone Trmptation Fee 3 si25199 3074 - 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 t depositing same in the Unit enclosed in a sealed e I delivery thereof to the City or by ddress set forth herein, Manager, postage en to Developer by person . . . . LFMP Zone Transpomti.m Fee 4 925/w 3075 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. CITY OF CARLSBAD, a municipal SC.* A. BV.LJS~wb (print name) t%rs;3&l &&&a. 2J@mL AKETHA L. RAUTENKRANZ, City Clerk LORRAINE M. WOOD, Deputy City Clerk APPROVED AS TO FORM: s v;c, C&J fi6ldc;) 1 &d-w~ (title) (Notarial acknowledgment of execution of DEVELOPER and OWNER mustbe attached). (President or vice president &Q secretary or assistant secretary must sign for corporations. 11 only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate sea/ empowering that officer to bind the corporation). (if signed by an individual partner, the partnership must attach a statement of partnership aothorizing the partner to execute this instrument). .I LFMP Zone Transportation Fee 5 5125199 . * 3076 - EXHIBIT “A’ LEGAL DESCRIPTION ,B.,Z Tnnsportation Fee 6 - ’ 3077 EXHIBIT ‘A’ LEGAL DESCRIPTION ALL THAT PORTION OF LOTS 8 AND I1 OF CARLSBAD TRACT NO. 81-46 UNIT NO. 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 11287, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 16,1985, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 8, THENCE ALONG THE EASTERLY BOUNDARY LINE OF SAID LOT 8 1. SOUTH 05’24’38” EAST 256.00 FEET; 2. SOUTH 28”20’05” WEST * 490.73 FEET 3. WESTERLY 313.56 FEET 4. NORTH 16’03’17” EAST 350.67 FEET 5. NORTHEASTERLY 81.39 FEET 6. SOUTH 61”39’55” EAST 3 10.08 FEET; 7. NORTH 28’20’05” EAST 198.75 FEET; 8. NORTH 05”24’38” WEST 39.84 FEET; THENCE TO A POINT ON THE ARC OF ANON- TANGENT 1932.00 FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE FROM SAID POINT BEARS NORTH 02”41’07” EAST, BEING ALSO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF PALOMAR AIRPORT ROAD AS DEDICATED PER SAID MAP NO. 11287; THENCE ALONG THE ARC OF SAID CURVE AND RIGHT-OF- WAY LINE THROUGH A CENTRAL ANGLE OF 09”17’57”; THENCE LEAVING THE ARC OF SAID CURVE AND RIGHT-OF-WAY LINE IN A NON- TANGENT DIRECTION TO A POINT ON THE ARC OF ANON- TANGENT 60.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL LINE FROM SAID POINT BEARS NORTH 16’03’3 1” EAST, BEING ALSO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF WRIGHT PLACE AS DEDICATED PER SAID MAP NO. 11287; THENCE ALONG THE ARC OF SAID CURVE AND RIGHT-OF-WAY LINE THROUGH A CENTRAL ANGLE OF 77”43’26”; THENCE LEAVING THE ARC OF SAlD CURVE AND RIGHT-OF-WAY LINE IN A NON- TANGENT DIRECTION THENCE THENCE THENCE 1 25%LEG3 BUILDING ‘D 3078 - 9. NORTH 57’53’21” WEST 10. SOUTH 32”06’39” WEST 11. NORTH 57’53’21” WEST 12. NORTH 32W6’39” EAST 164.97 FEET; THENCE 32.50 FEET; THENCE 246.5 1 FEET; THENCE 207.53 FEET TO A POINT ON THE NORTHERLY BOUNDARY LINE OF SAID LOT 8; THENCE ALONG SAID NORTHERLY BOUNDARY LINE 13. SOUTH 57’53’21” EAST 289.30 FEET CONTAINS 4.36 ACRES MORE OR LESS. FEET TO THE POINT OF BEGINNING. h, R.C.E. 30836 ’ Expires March 3 1,200O 25J-LEG3 BUlLDMG ‘D’ 2 c .’ 3079 - State of California County of San Diego i personally appeared SCP+t A. gii)/cm,rsc4u AND SE.Glc~ (NameIs] of Signeris]) 73 /LUSSE K3U , personally known to me 43R - (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 instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal (This area for official notary seal) Z’,. -. Title or Type of Document Date of Document Signer(s) other than named above No. of Pages