HomeMy WebLinkAboutCB991603; Faraday Business Plaza LLC; 1999-0425007; Local Facilities Mgmt Zone Fee Agreement/ReleaseRECORDING REQUESTED BY AND WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD 1200 Carlsbad Village Drive
Carlsbad, California 92008-1989
DOC Ti 1999-0425007
3932 JUN 17. 1999 XL-53 fwl
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AGREEMENT BETWEEN DEVELOPER/OWNER
AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A
LOCAL FACILITIES MANANGEMENT ZONE TRANSPORTATION FEE
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THIS AGREEMENT’& entereb:int&is’
US,.. by and between (nqme of developer/owner) Faraday Busifiese” Phza, LLC
a (corporation; partnership, etc.) Limited Liability CO- , -hereinafter referred to as
“Developer” whose address is (street, c&, state, ,zip code)2947 Camino Vida Roble
Suite 104, Carlsbad g 2 o o &nd the CITY OF CARLSBAD. a municipal corporation of
the State of,‘Czilifdi%ia, hereinafter referred to as “City”, whose address is 1200 Carlsbad Village
Drive, Carlsbad,‘California, 92008-1989.
WITNESSETH:
WHEREAS, Developer of the real property described on Exhibit “A”, attached hereto
and made a part of this agreement, hereinafter referred to as “Property”: and
WHEREAS, the Property lies within the boundaries ,of LFMP ‘Zone - 5 within City;
snd
WHEREAS, Developer proposed a development project as follows: Tenant Improvements
at 1635 Faraday
3n said Property, which development carries the proposed name of Faraday Business Plaza
- and is hereafter referred to as “Development”; and
LFMP Zone Transportation Fee 1 4/29/W
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WHEREAS, Developer filed on the 2 6 th day of April * 1999,
with the City a request for T. I. 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
WHEREAS, Developer, and Citj.recogni&he tinectness~:of the Growth Management \,,’ “, ~, .’ ..; ,”
Ordinance, and that the City’stransportation factltties within or affe$ed’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 wiltnot be able to make any such tinding,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 !he 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 4l29l99
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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;,?as:used~in ‘this agreement;:ex@pt,in reference to mobilehome
sites or projects, shall not :mfer to ~grading permits or other ~permits’~for. the construction of
underground or street ,improvements unless no other pemiit:,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
consistencyyof the ‘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 facilitfes and services, and the development will not be consistent with the General Plan
and any approval,or permit for the Developmentshall be void.“No building or other construction
permit shall be issued until the public facilities fee required by this agreement is paid.
3. Cityagrees to deposit the fees paid pursuant to this agreement in,a fund for the
financing of transportation facilities in or affected by Local FacilitiesManagement 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.
LFMP Zone Tranqmmtion Fee 3
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.
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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 the Cihyof~personal delivery thereof to the City or by F, ,),,
depositing same in the United States’~~Bjll-addressed~to the City5atIthe address set forth herein, %,,, ,,
enclosed in a sealed envelope, addressed to the Ct’y for ahentidn ~of:the’City Manager, postage
,. prepaid and certified. .,. ,,
S:$:‘,’ If~notice kgiven to Developer by personal ~delivery thereof to Developer
or by depositingthe sartkin~the United States Mail, enclosed in a sealedenvelope, addressed
to Develope&he address as many have been”destgnated;;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 Cityherein shaltbe deemed to be a reference Wand include their respective
successors and assigns without specific mention of such successors and assigns. ,‘,lf 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.
.
. . .
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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 CARLSB)
Faraday Business Plaza,
AD, a municipal
William A. S&rley
(print name)
assistant secreta
(/f signed by an individual partner, the $k&&Cj~ ‘must attach a statement of partnersk
authorking the partner to execute this instrument).
If
or
rip
I LFMP Zone Transportation Fee 5 5/25,99
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EXHIBIT “A
LEGAL DESCRIPTION
PARCEL A:
LOT 106 OF CARLSBAD TRACT NO. 85-24 UNIT 5 CARLSBAD RESEARCH CENTER, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12815, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 16, 1991.
PARCEL B:
A NON-EXCLUSIVE EASE~NT:FOR,VEHICULA~ AND @&STRIAN ACCESS, INGRESS AND EGRESS ,OVEP:,::,i~~~~ONGI'~,:ACR?SS AND ,THROUGH THE NORTHWESTERLY 30 FEET,OF"',TNE NORTHEA'STERLY 200 FEET OF LOT 107 0~ CARLSBAD TRACT,NO: 85-24 UNIT ~,CARLSBAD RESEARCH CENTER IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGQ, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12815 FILED IN THE OFFICE OKTHE COUNTY RECORDER OF SAN DIEGO COUNTY ON MAY 16, 1991.
PMZ Transportation Fee
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State of California
County of San Diego )
On Man, La ,\9% before me,C\nv\stt u&WZ ,&@YL, %\LL , (Date) (Name, Title of Officer)
personally appeared LwlllKLh, a. 3&&4/q
’ (Name[S] of SignerN)
, personally known to me -OR -
(proved to me on the basis of satisfactory evidence) to be the person(s) whose name@.)
a% subscribed to the within instrument and acknowledged to me that@she/they
executed the same i&&/their authorized capacity(rBs), and that by %$t?er/~eir
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)
Title or Type of Docu