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
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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
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Order: 0001-00000000001 Description: 90.362938 Page 3 of 5 Comment: GREEN
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Page 4 of 5 Order: 0001-00000000001 Description: 90.362938 Comment GREEN
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Description: 90.362938 Page 5 of 5 comment: GREEN
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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