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HomeMy WebLinkAboutCB 99-2087; Carlsbad Crossroads Ltd; 1999-0556909; Local Facilities Mgmt Zone Fee Agreement/ReleaseRECORDING REQUESTED BY AND @HEN RECORDED MAIL TO: 7368 DOC Y 1999-0556909 FUG XL. 1999 4:16 PM City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 mIcIa. i?EauI8 Wp$l$yn&~~ FiEs: ’ 37.M) i llllllRl~lll~ll~~l~~l~lY~lyY 1890-0556909 Space above this line for Recorder’s use AGREEMENT BETWEEN DEVELOPEFUOWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A LOCAL FACILITIES’MANANGEMENT ZONE TRANSPORTATION FEE Par&&No~,~O4’ Of1 - M _ THIS AGREEMENT is entered into this 3y and between (name of developer/owner) 3 (corporation, partnership, etc.) , hereinafter referred to as I ‘Developer” whose address is (street, city, state, zip code) -?!</b et? VP I%. <?‘a” Dmo,.& and the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as “City”, whose address is 1200 Carlsbad Village grive, Carlsbad, California, 92008-1989. WITNESSETH: WHEREAS, ‘Developer is the owner of, the real property described“on Exhibit “A”, #tached hereto and made a part of this agreement, hereinafter referred to as “Property”; and WHEREAS, the Property lies within the boundaries of LFMP Zone i within City; and WHEREAS, Developer proposed a development project as follows: and is hereafter referred to as “Development”; and LFMP Zone Transportation Fee 1 5L?5/99 &3 ~+xw 677 , 7369 WHEREAS, Developer filed on the 192, 2 day of.-, with the City a request for ereinafter 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; and WHEREAS, Developer and City recognize the correctness of the Growth Management Ordinance, and that the City’s transportation facilities within,or affected by LFMP Zone 5 are at capacity and will not be available to accommodate the, additional need ,for transportation facilities resultingfrom the proposed Development; and 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 assistance 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-473 (adopted and effective as an urgency ordinance April 27, 1999) by payment of an interim transportation facilities fee. 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 LFMP Zone Transprtation Fee 2 5/25/99 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 terms “other construction permits”, “other construction ,,,. ;, ::,;~, ,.: ,’ ,+: ;,, ,, .,,::, permit” and “entitlement for use” asused’in, this egreement;~~except;tn reference to mobilehome sites or projects, shall not refer to grading permits, or other permits, for the construction of underground or street improvements unless no other permit is necessary prior to the use or occupancy for which the development is intended. 2. ‘This agreement and the fee paid pursuant hereto are’required to ensure the consistency offthe Development .with. the City’s General Plan ,-and Growth Management Ordinance.’ If the fee is not paid as provided herein, the City will not have the funds to provide public facilities and services, and the development 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 by this agreement is paid. 3. City agrees to deposit the fees paid pursuant to this agreement in a fund for the financing of transportation facilities in or affected by Local Facilities’-fvknagement Zone 5 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. 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 Tran~p~mtion Fee 3 YZY99 7370 - 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 sewed in one of the following manners: 6.1 If notice is given to the City of personal delivery thereof to the City or by depositing same in the United States Mail, addressed,to the City~atthe address set forth herein, enclosed in a sealed envelope, ,addressed to the City for attention of,the City Manager, postage prepaid and certified. 6.2 If notice is given to Developer by personal delivery thereof,to Developer or by depositing the same in the United States Mail, enclosed in a sealed,envelope, addressed to Developer at the address as many have been designated, postage prepaid and~certifted. 7. This agreement shall be binding upon and shall inure to the benefit of, and shall apply to, the respective successors and assigns of Developer and City, and references to Developer or City ,herein shall be deemed to be a reference to,and include their respective successors and assigns without specific mention of such successors and assigns. If Developer should cease to have any interest in the Property, all obligations of Developer hereunder shall terminate; provided, however, that any successor to Developer’s interest in the property shall have first assumed in writing the Developer’s obligations hereunder. . LFMP Zone Transportation Fee 4 5/25/w 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 municipal C$ali* ATTEST: TENKRANZ, City Clerk OD, Deputy City Clerk APPROVED AS TO FORM: tant City Attorney fjtle) (Notarial acknowledgment of execution of DEVELOPER and,OWNER must:be attached). (President or vice president &@ secretary or assistant secretary musi sign for corporations. /f on/y one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation). (If signed by en individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument). LFMP Zone TrampoRation Fee 5 S/25/99 7373 - LEGAL DESCRIPTION SEE FFWKHf~ ,,, ‘?:,,,‘:I;~+ 6 . ..-11.. .-/ I 7374 I e 169 . ExHlalT ‘A’ Pago 2 Of 2 LSmL LtmcaPrm PmcuL “8” TNoSEPcmIOmwPAncKSAMmBoPcEftTI~OP CmPLuNCB liuwram mm lb. 1986 A9 PILE NO. 86-2kl751 CP OWICIAL RKmm SNQ CB,TIF'ICATE OF CONPLINIOE EElNO A cONSOLIOATION AN0 muNMnYAD-OFuns3’MRowH6oF NW NO. 10372 ANU MLPHIN CUWT AS VACA~ AND CUWEU To PUSLIC USE. IN TIE CITY OFoArmNm OoLNm OF SAN cuEoo, SlwN OF CALIKWNIA DBSERIQBD As POLLON3: Order: 0001-00000000001 Description: 90.362938 Page 3 of 5 Comment: GREEN PARCELS A 6 II OF CERTIFICATE Of CMlPLMNCE REC. &44-8/i F/Pa6-Hns/ 8EINO LOTS 3 lHRolJGH 6. IHCLUSIK, Of ChflLSOAO TRACT NO. 74.21. IN THE ctw of cmiswo, cmr w S&N DIEC~. STAR Of cALIflmWlA, 4cc0t?DlNO TO KM lHF.rlEOf wo. 10372 TOGETHEII Ul7ll DDLPIM Cl. AS VACATED b-M-i!6 f/P 86-240762. OF EXAKl~~4: BEMlNOS fOR THIS fLA1 IS A PORTION Of THE UEST LlNE OF HAP NO. 10372. I.e. NZ'J37'29"W &%E63OK’4 PAKCEL NUMBEK5: LOT A * 2U9-OBbf4 KL LWW THE fAM2 OWMRSNIP ' LOT II = 209-OGI-24 Of CARLSBNI CROSSROADS Ll,,ITtD *. caRLSMD CROSSRlNoS LINIltD 9.955 PAclRc mrEtl ElvQ. 3rmE ivl 3AN DIEM, CAUFOflNfA YPIZI PWIVE (bl9) 4bb -3383 (bl¶).?Z4%7# Jo8 no. ID164 leLtxla e RECORD 2" IlbM PIP2 HIllI DtSC STAt4PEO L.S. 3109 WILL OE SET PER NAP NO: 10372 A . FCIUUD Sk” IUOU MZ WITU t&15 ‘t6d95 OlS’Z SET F%t! %A. YYL 0~2. 0 rr,l%T 3/4"rW reuu ems 'VIM PzSt ec455 PI-SC. a AECOltD 3/4' IRw( PIPE HITN CAP STfWPEo L.S. 3189 WILL BE JET PER NM NO. la372 - NEW LOT LINE EXHIBIT B L!Uh UEEbb RIbRHI Kt.UiNPUUHED IIK GM. Rtt ll27~#7 f/f 07.011741 Page 4 of 5 Order: 0001-00000000001 Description: 90.362938 Comment GREEN - _ .,-1,. AIS. -376 . . . . ,J ;WCET t OP 2 -1’ I 1'. ' I_ i I \.: i &i; 1 -I ..A enlawl& 9l3hw c WNeR &q.Wt, MXIITEO Tb IIh? cm OP CARLMm REC. &II. 2% 1967 rrrE/lr 97.oa7977 ! -j IL -. T1 r -1 c .. Description: 90.362938 Page 5 of 5 comment: GREEN . ., * .-, . 7377 State of California County of San Diego I On 7 -8 -sq before &T&.rneic\ \APR-Ly ) ~OTw\^C~~ ) (Date) personally appeared ~~~~Q~ ~~~ ~c iNOame, Title ofdfficer) (Name[s] of Signer[s]) I personally known to me -OR - (proved to me on the basis of satisfactory evidence) to be the person(s)wh name@- is/e subscribed to the within instrument and acknowledged to me that he/ebeAbq executed the same in his/h&b?& authorized capacity@), and that by his/he&& signature(e) on the instrument the person(sf, or entity upon behalf of which the person@- acted, executed the instrument WITNESS my hand and official seal qz~_-:~;,-~ ~“-) cu--, &a>-~, Signature of4ota% i-2 Title or Type of Document Date of Document Signer(s) other than named above No. of Pages CAL4FORNIA ALL-PURPOSE ACKNOWLEDGMENT -378 State of -y&/~--Q& County of h Nams and Title 04 icer ,e.g., “Jane DOB, Nota Public”) Name(s) Of Signer(s) known to ma ed to ma on the basis of satisfactory evidence to be the person(s) whose name(s) is/-subscribed to the within instrument and acknowledged to me that h&he/t- executed the same in ttis/her/th&+authorized capacity(ies& and that by his/her/their signature(e) on the instrument the person@& or the entity upon behalf of which the person@+ acted, executed the instrument. WITNESS my hand and official seal. r=_L.i ~ +&A->, OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent remwal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer’s Name: 0 Individual 0 Corporate Officer Title(s): 0 Partner - 0 Limited 0 General 0 Attornev-in-Fact 0 Trustee- 0 Guardian or Conservator 0 Other: Signer Is Representing: Ll Signer’s Name: 0 Individual 0 Corporate Officer Title(s): 0 Partner - 0 Limited 0 General 0 Attorney-in-Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: Ll