HomeMy WebLinkAboutCB991441; Jett & Jones LLC; 1999-0389085; Local Facilities Mgmt Zone Fee Agreement/Release., . DOC “c. 1999-0389085
JUN 04v 1999 10-11 nrr
03076 oFFICI% REWRDS 3% DIEGU COUNTY RfiXJER'S OFFICE GRIGORY J. WI CC!H RECORDER RECORDING REQUESTED BY AND ) FEES: 25.00 WHEN RECORDED MAIL TO: 1
City Clerk j CITY OF CARLSBAD
1200 Carlsbad Village Drive ; Carlsbad, California 92008-I 989 ) 1909~0369086 Space above this line tor Kecoroer’s use
AGREEMENT BETWEEN DEVELOPER/OWNER
AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A
LOCAL FACILITIES MANANGEMENT ZONE TRANSPORTATION FEE
,,’ P”r&i/:t+$,,<~, 2-l 20-l l-00 )’ s,,. ,,: ,,, ,::: ; .,,, :~ ,~!iZ.. ,. ‘~.,’ ‘-s: -I,,: i:
THIS AGREEMENT & e”tered,,i~~~bs~~,,‘~‘1;2S.h. &,y:~f .$& ‘:,I~ , l@?
by and between ($ne:~~f de~~/o$%6vner) Jett & Jon& I,’ ‘L,- L’fC),
a (corporafion;:p8rtn~~~~i~,.etc.) LLC , hereinafter ,referred to as
“Developer” whose-address is (street, city state, zip code) P .O . Box 9 67 2, Ranch0 Santa Fe, ,.‘;
i-a 97nfi7 &d the ClTV’bF .CARLSBAD, a mur&pal~corporation of
the State of,Ctilif&iia,,hereinafter referred to as “City”, whose address is 1206 Carlsbad Village
:,i Drive, Carlsbad.Xalifornia, 92008-1989.
,WITNESSETH:
WHEREAS, Developer of the ~real property described on Exhibit ‘A”; attached hereto
and made a partof,this,agreement, hereinafter referred to as “Property”,and
. WHEREAS; the Property ,l~es within the boundaries of LFMP Zone 5 within City;
and
WHEREAS, Developer proposed a development,prtiject as,follows:Tenant improve-
ments to 17,776 square feet of buildinq 1 (1815 Aston Ave.)
on said Property, which development carries the proposed name of Centex Homes
and is hereafter referred to as “Development”; and
LFMP Zone Transportation Fee 1
L& WN
4/29/99
a-4y
03077
WHEREAS, Developer filed on the 25th day of Mav ,1999,
with the City a request for Building Permit hereinafter 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 :: ,,.,, ‘;~,,(_ ..,~ ,, ,i;i ,.:, ,,,, ,, ,_,,; ,~,: ,:(~ ._,., ‘i WHEREAS, Developer.and~Ck$r&ognii$$the conectnessof the Growth Management .:‘.~,. :i,:yr:‘,’
Ordinance, and that the,City’s transportation facftttfes v&hin~,‘or affect&by LFMP Zone 5
are at capacity and ,will not’be availab;le,to-acco~~~bate~the,:additional,need for transportation
facilities resultingfrom’the proposed Development; and
WHEREAS, Develdper has asked the City to find that public facilities and services will
be available~ to’&&% ,future need&f the’Develo~.~:ent,as It ispresentfy proposed; but the
Developer,is ~aware that the City cannot and wilfnot be able to make any such finding without
., ., financial assistance to pay for such services and facilities: and therefore, Developer proposes to ,, ,,.
help satisfy tbe~‘Growth ,Management Ordinance and not be bound: by the, Moratorium on such
Development established by City Council Ordinance No. NS4%(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 $10.00 per Average Daily”Trip (ADT) generated by,the Development pursuant to
the Request. The fee shall be paid prior to the issuance of building or other construction
permits for the Development. Notwithstanding the forgoing, said fee is subject to adjustment,
based upon the amount of the LFMP Zone transportation fee, or other fee, ultimately adopted
by the City Council as the basis for termination of the Moratorium declared by the City Council
LFMP Zone Transportation Fee 2 4/29,99
03078
on April 27, 1999. If said fee has not been paid prior to final Council action formally adopting
such fee, this fee shall automatically be adjusted to be the same as that fee. If this fee has
been paid prior to such Council final action, then this fee will again automatically be adjusted,
and Developer shall, within thirty (30) of written notice thereof by City pay any shortfall; or City
shall within thirty (30) days of such determination, refund any overage. This fee shall be in
addition to any taxes, fees, dedications or improvements required pursuant to Titles 18, 20 or
21 of the Carlsbad Municipal Code. The temls “other construction permits”, “other construction ,,,~:,,.T,,, ~,~,,C,) ,,~,’ ; :
permit” and “entitlement for use?a&,edin this agmement,,,except ,in reference to mobilehome
sites or projects, shall not refer tograding permits or other ,perrnits for the construction of ,,
underground or street improvements sunless noother pern$is~-necessary prior to the use or
occupancy for which the:development is intended. ;,
2. This agreement and the fee paid pursuant hereto arerequired to ensure the
consistency of the Development .w?h 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 Management Zone ~1
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 Transpmation Fee 3 4129199
03079
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 to theCt$ of,,personal delivery thereof to the City or by
depositing same in the United States,:,Mail,~ddressea to the,Ci@at,:me address set forth herein,
<C.‘,
enclosed in a sealed envelope; addressed to the,& for attention of the City Manager, postage ,y,,-
prepaid and certified.
62 ,If.noticeis,given to Developer by persona?detivetythereof to Developer
‘,: or by depositing:the same,in’the United States Mail, enclosed in a se&d-envelope, addressed
to Developer,& the address as many,have been designated, postage prepaid and certified.
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 Trmpormion Fee 4 4n9199
03080
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
IN WITNESS WHEREOF, this agreement is executed in San Diego County, California
as of the date first written above.
DEVELOPER-OWNER:
-Gl-p-hP\I&~
(print name) ,,
$k) ’ /vAiPtz
By:
(signature)
APPROVED AS TO FORM:
(print name)
(title)
(Notarial acknowledgment ofexecution of DE VfLOPfR and OWNER must be attached).
(President or vice president m secretary or assistant secretary must sign for corporations. It
only 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 an individual partner, the partnership must attach a statement of partnarship
authorizing the partner to execute this instrument).
I LFMP Zone TnnspoMtion Fee 5 4/29/99
-
PARCEL A:
03,081 EXHIBIT “A
LEGAL DESCRIPTION
LOT 65 OF CARLSBAD TRACT NO. 85-24, UNIT NO. 4 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP EREOF NO. 11811, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 19, 1987.
LFMZ Tnnspormion Fee 4199
.
.
State of California 03082 )
County of San Diego 1
On $2: 1947 6&A% %m , $~~~t,~$~&) before me,
personally appeared -i-. /m-AtiQ~hlCE -&m
(NameKof Signerw
oersonallv known to me -OR -
c) to be the personw whose namew
&.re subscribed to the within instrument and acknowledged to me that@-
executed the same in@%e&hek authorized capacitym, and that by@hes4h&
signaturew on the instrument the personw, or entity upon behalf of which the perso&
acted, executed the instrument.
WITNESS mv hand and official seal
(This area for
official notary seal)
Title or Type of Document
Date of Document
Signer(s) other than named above