HomeMy WebLinkAbout; Island @ Carlsbad LLC; 1999-0636522; Local Facilities Mgmt Zone Fee Agreement/Release. 8109 DOC : 19994636522
RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: !
City Clerk ; CITY OF CARLSBAD
1200 Carlsbad Village Drive ; Carlsbad, California 92008-1989 )
SEP 16, 1999 4:16 PM
~61yI DIE@ OIlMY IEMRKR’S FFICE GRmRlJ. 8UTli1 CDlNlYRomrmR
lIlllliIl ll~liillllIlllllIlII 1099-0536522
Space above this line for Recorder’s use
AGREEMENT BETWEEN DEVELOPERlOWNER
AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A
LOCAL FACILITIES L NSPORTATION FEE
LFMP Zone Transpofiation FCC 1
~6 a,‘-151s; -76, J7, 79
attached hereto
and
hfd’ \eWd @~~ad3~” l?&ki I 0P twice nk-fi\p d-
on said Property, which development carries the proposed name of I- b\&rl ixid47~ II
and is hereafter referred to as “Development”; and
-cl ”
,.
I’
I WHEREAS, Developer filed on the day of J71 fPl *19L!l
with the City a
“Request and
hereinafter referred to as
WHEREAS, the Growth Management Ordinance (Cadsbad 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;
Development; and
and
WHEREAS, Developera
s 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 forgeing, 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 Tram,m,ation Fee 2 5l25199
8111
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 tz
permit” and “entitlement for us
sites or projects, shall.& $@? ,q+ “i,. F&
underground or s~~~~~~~~.~~~~
mnstruction permits”, “other construction
n reference to mobilehome
the construction of
or to the use or
gsure the t and the fee paid pursuant hereto ar
to comply with any requirements of other public agencies as evidence of adequate public
facilities and services sufficient to accommodate the needs of the Development herein
described.
I LFMP Zone Tmnsportstion Fee 3 5/25/w
8il2
5. All obligations hereunder shall terminate in the event the Request made by
Developer is not approved.
6. Any notice from one party to the other shall be in writing, and shall be dated and
signed by the party giving such notice or by a duly authorized representative of such party. Any
such notice shall not be effective for any purpose whatsoever unless served in one of the
following manners:
6.1 If notice is oive 1
depositing same in the United
enclosed in a sealed
onal delivery thereof to the City or by
address set forth herein,
Manager, postage
en to Developer by persona
e United States Mail, enclosed in a se
Developer
dressed
d shall
:,: a”:”
7. ~&~:,~hts&?&ment
Dl
ective
.s
ii
. . .
.
poperty shall
. .
LFMP Zone Transpartation Fee 4 5n5l99
‘.
',8113 _
8. This agreement shall be recorded but shall not create a lien or security interest in
the Property. When the obligations of this agreement have been satisfied, City shall record a
release.
IN WITNESS WHEREOF, this agreement is executed in San Diego County, California
as of the date first written above.
DEVELOPER-OWNER: CITY OF CARLSBAD. a municioal
1 (signature&y 0+&
!rporation of$qSta~ c#&lifomia
I (print name)
l?r FI H, r$ 6 flw @I&$@.
CHElT, City Manager,
.I._. -q~.~-~~d~,jv:, _,_ ,.$,,I ;**a. y,--,.,
&
(title)
(Notarial acknowle f;ched).
(President or vice p&$&j&&Zsg
only one 0fiTcer signs, tfW5or&EY
assistant secretary under CorPora~~~~~~~~~~~~~~,~~~~..~! .~,.. ,, ,~,‘, ,,.), “,., ,I ,,.,. r/ I ““%Zl +w:i‘F’?: ““7, cr~:,~:.:l. 4$&&L (/f signed by an individual partner, the patinners authorizing the partner to execute this instrument).
for corporations. I!
d by the secretary or.
the corporation). ~~~~~;~~,?‘I.,;F:;., w&&&&w-
firp must attach a statement of partnership
I LFMP Zone Traqatation Fee 5/25/99
. . 8114 -
EXHIBIT “A”
LEGAL DESCRIPTION
The land referred 'CCI herein is situated in the State Of California, County of San Diego and is described as follows:
Lot 73 of Carlsbad Tract No. 85-24, Unit No. 4, in the City
of Carlsbad, County of San Diego, State of California, according
to map thereof No. 11811, filed in the Office of the County
Recorder of San Diego County, May 19, 1987.
6
State of California
County of San Diego i
r&-Z% 1999 before me. pI!-‘?Jk pVd&, am PURI-IL
(Name, Title of Officer)’
personally appeared Iz0-r J. km AFJP
(Name[s] of Signetis])
l-Id P.+sl /-bt-F@lWd , personally known to me -OR -
to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that h&be/they
executed the same in hir#hWtheir authorized capacity&e& and that by IWhsHheir
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)
~JzazG&4Ee- 5a-w~ i-%=lte-p~~/~wde~
Title or Type of Document AlfclV VI-E A 10 OF *L+BA-O
Date of Document &%%-I- p?% 1 ‘i ‘?q No. of Pages b
Signer(s) other than named above LlrM 6-r= &&GM-&W, Mq MhtJW
u7e ~t%lcldEE fP40 “Ii-4 L-m-G~l4dO f+s+l6~rL!~ f%l-wd=$