HomeMy WebLinkAboutCB992148; HG Fenton Company; 1999-0542341; Local Facilities Mgmt Zone Fee Agreement/Release,I ,,
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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Drive
Carlsbad, California 92008-1989
51’79 Daz 1 1999-0542341
RUG 05. 1999 1218 PM
wfllNDi&ly am& lEau&Rm . I
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; lil I llriil II I ll~lll~ll~ll~ll ) 1999-0542341
Space above this line for Recorder’s use
AGREEMENT BETWEEN DEVELOPER/OWNER
AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A
LOCAL. FACILITIES MANANGEMENT ZONE TRANSPORTATION FEE
Par&No. uq- 0 8’ 2- 05
THIS AGREEMENT is entered into this /&I, day of x$ , 19%
oy and between (name~ofdeveloper/owner) /7’, A ~c+~w hnmr/
3 (corporation, paltnersbip, etc.) & Jl‘gr nr‘;,
/
[a r ~~or~&‘017 , hereinafter referred to as
‘Developer” whose address is (street, city, state, zip code)=&0 ‘-&Ic. JEf .$--
,.,c,,.’ /A cl2/L1 and the CITY OF CARLSBAD, a municipal corporation of the
State of California, hereinafter referred to as “City”, whose address is 1200 Carlsbad Village
drive, Carlsbad, California, 92008-1989.
W I T N E SS ET H:
WHEREAS, Developer is the owner of the real property described ‘,ort 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 L within City;
WHEREAS, Developer proposed a development project as follows: y?pd-lT
I1”1WrnEMT
In said Property, which development carries the proposed name of $,>r f l4 lat~dc I
fi7d~ + /+rxouernrrrf( and is hereafter referred to as “Development”; and I
IMP Zone Tranrponation Fee 1 5/25,99
~6 Q@/fl
5180
I WHEREAS, Developer tiled on the ,19x, Ktb dayof >v\np
with the City a request for b
“Request”; and
hereinafter referred to as
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 resulting,from 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. NS473’(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 Transpomtion Fee 2 5,25,99
, 5181.
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; except:in 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 of the Development with the City% 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 G
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 Transportation Fee 3 SIZ5199
5182
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 City of personal delivery thereof to the City or by
depositing’same in the United States;N;iii;‘addressebito the-it&the address set forth herein,
enclosed in a sealed envelope,~addre&$dto the;C,‘i!y:,for attentOanof:the:,Cfty Manager, postage
prepaid and certified. ~~~ ~ ~ +;, c~ ~~ ,“,.:~ ,,;,’ ,,~.,~ .,.. ~$/,,~~ ~.-,;
6&’ ‘I(&i&:~i&&n to Developer by personal.;i~~~~~:,there~~~~~o Developer ,x,t_
or by depositing~the same,in’the United States Mail, enclosed in a sealedenvelope, addressed
.~~
to Developer at the’address asmany 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 Cityherein shall be deemed to be a referenceto, 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 Tmnrportation Fee 4 5/2.5/59
. 5183
a. 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
fl6 FT&r, / 0,--m ,2c1”%/
(Name of Developer) I
By: P70!d- (signature)
/&&&&&/
A‘ITEST:
&A G 3WL.c1
(print name)
I/. ICC &,;&.,i - i5.w APPROVED AS TO FORM:
(title)
By:
(signature)
~wA+3L~ EQ ,3 luL?-d
(print name)
5 til2~rBp-y
(title)
(Notarial acknowledgment of execution of DEVELOPER and OWNER must be attached).
oh/y one offi s&m,, ~the~:~corpwMn mj4st assiMant bbd)etery under corporate seal emp
(If signed by an individual partner, the partnership must attach a statement of partnership
authorizing the partner to execute this instrument).
/
LFMP Zone Transportation Fee 5 5/z/99
, 5184
EXHlBlT”A”
LEGAL DESCRIPTION
Parcel 1 of Parcel Map No. 15692 Assessor's Parcel No. 209-082-05
PARCEL 1 OF PARCEL MAP NO. 1569.2 1’t-i THE ,ClTY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIECO COUNTY ON JUNE 5, 1989.
LFMZ Transportation Fee 6 4l99
PLIFORNIA ALL-PURPO.?- ACKNOWLEDGMENT -
* State of
County of LA h-a,,
donally known to me - OR -0 proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/sheAhey executed the same in his/her/their authorized capacity(ies). and that by his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
OPTIONAL
Though the InfamMon b&w is not required by law. ii may pmw valuable to perzaw dyfng on the dxume!# and mufd prevent
fraudulent removal and reattachment of mi.3 ton lo another document
Description of Attached Document
Tte 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 Attorney-in-Fact 0 Trustee 0 Guardian or Conservator 0 Other:
Signer Is Representing: L
Signer’s Name:
0 Individual 0 Corporate Officer mle(s): 0 Partner - 0 Limited 0 General
0 Attorney-in-Fact
q Trustee 0 Guardian or Conservator
0 Other:
Signer Is Representing:
I