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Home My WebLink AboutCB993631; Carlsbad Associates #1 LP; 1999-0818245; Local Facilities Mgmt Zone Fee Agreement/ReleaseI . ,. I . I . % DOC ,‘ 1999-0818245 - 371'; DEC 17. 1999 10:38 AM FFICIIY m RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: 1 City Clerk Cl-l-Y OF CARLSBAD ; 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 w DIEGU GwNrY Bc[RDER’S LmcE GREWRY gi4IM’ coyYYREaRm II ll~llYl1111111111 lllillllll 1wwx418240 Space above this line for Recorder’s use l~ll~llllll~lr YYYl~lll~lY .-_. __._^._ AGREEMENT BETWEEN DEVELOPER/OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A LOCAL FACILITIES MAN NSPORTATION FEE ui’;:L”“l” :~, ,,i Colorado limited partnership ‘::$y _ Ye.‘, S.?‘~“..i~~.‘,~“.~~~~,)~. ;;, ::y;J&: _~ her$Jafterrefened to as L,_, -in: T~r ‘zI ;;,t :I:_- r~ ,.... *.,., *-“a -.., -.F _ .* c~~~state~~~~;)..‘~~~~ $:’ ‘$$& .~~+y:,yt:b$:~~ ulst~~:‘“~~“t,~~irs~~~e 1500 I’ ‘.~L-.,*, Den”er ,+&&jt& py$ : ij_,, y:<. 8o237 *s- and the ‘GIN OFXARLSBAD, a rn~~~cipa~~~~~~~~~~~~i of the *y ‘:~*++” !:y~: . .I:~, -‘;p;;; State of Calrfornra, hereinafter referred to as Xii, whose -ad~~~~~~s’12i?0’,CarlSb~~;-Village ,‘,; ,“” :i. :i. Drive, Carlsbad,C$tifornia, 920084989. :y:q$$< ,“: I.,;; ,, I~,&:.’ : :,- j;‘, :; $&!~’ ,,’ ;’ ” ~,,,.i ‘,*: WHEREA@Developer!~ is the owner of the real ,.prope ‘-$;:;: .‘, .:,& li ,::-,;ii& ,I ;tj~l ; ;. :_ attached hereto and~,made~apart’o~~~is.agreement, hereinafte “;::.:~j’$+- I!%4iZExhibit “A”, ,i.,r e#+; WHEREAS, the $+operty ,lies w&n ‘+&ound&s of .@f&;Z&$~‘? 5 .,.. - within City; and ,$y:. * :. ,.:~, ,_ _,~,*.::e ;~ WHEREAS, Developer proposed a,development’project as follows: Tenant improvements for SPEC SUITE comprising approximately 1,263 square feet on said Property, which development carries the proposed name of Fairway corporate Center and is hereafter referred to as “Development”; and LPMP zone Tml5pmmic.n Pee 1 . . ’ 3720 - WHEREAS, Developer tiled on the /w day of @d/e ,192z building permit - with the City a request for tenant improvements hereinafter referred to as “Request”; and WHEREAS, the Growth Management Ordinance (Carlsbad Municipal Code Chapter 21.90) requires that the City Council find that all public facilities necessary to serve a development will be available concurrent with need or such development shall not be approved; and ., ;r$J p&g: ~) F .j ‘,I-~,,- ‘,:.& l: be availabl$“i&t me:future needs~of ~the De~&p~+nt 9s it,-,is &set$-?ropo&dj but the ,I, +! Developer&tia~~- that’the City cannot and will*not be able to make any i$$,+ .,‘, ,,i.,:,,,~;~,: ., findi$without ,i,* &<.i, ,,, ,;~_:, NOW, Tlit5REFORE, in consideration of the recitals .and-,the’.covepants contained ‘i. herein, the parties agree,asfollow& ~‘~,;: .’ ‘,~,,: ,,;, i :y i:, :_ ,.: L,,.l, . . . :““,;:,:.p i;,, 1. The Developei:sh&I .@y to the City:a transpo fee in an amount *ii $ ~j&,,, estimated at $10.00 per Aver&%&& Trip ‘(A!:$iJ g$&J 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 T~tion Fee 2 snsm 3721 - 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. “other construction ference to mobilehome e construction of sufficient funds 4. .:.a, *~~,~~~~~v~p*~ City agrees to provide~,upon request~,reasonable~assurances to enable Developer ,G,-: -5. 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 Tmnrpautim Fee 3 5nsm 3722 - 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: set forth herein, enclosed in a sealed e Manager, postage I LFMP Zone Tramtim Fee 4 si25l99 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 corporation of the State of California Paul B. Ho&m...‘. Authorized Si&tory Lorraine M. Woo~,:~pep&y. tiity Clerk ~.,~.,. APPROVED AS TO FORM: ‘:~’ (title) By: (signature) .~ ,~ (print name), ‘,.,:.. ; i.;,:yI,i~~ ,“:“;~...,: ;~ (title) -y&; ,’ .,.~‘::&*~.!5i;;; -.T ;;& ::.: ~” .‘~: ‘,l?; i ., i ..,~Jr., , :,.: . ...,) ,:,, i.. :.?.‘;,+i;: ,., _. ,,>. :,;;‘;:,.j _. : , r. ;;r~:,-x-~.,.,;,,;.l~~, .~>,~l> _.,_ :z. .; . .~, ,~~~~~~~~~~, :, ;JN .’ .+“;.z$ f$$y” 7;:;;:. &$$gi ‘<,~ ;q$ (Notarial acknowledgm&f o~~xe~~?~:ofDE”E~~PER.and~;~~~~~ fi~st$~@tfached). .,,, :. ..., .;-.:?:.‘~;~~,yv ,E,~ v* (President or vice president &Q secretary or &sis&t :seqretai m&t&n for corporations. Ii only one officer signs, the corpombon must attach a resolutiqfiC~6Gf&d by the secretary or assistant secretary under corporate sea/ empowering fhat,offi~~~~o+b/nd the corporation). (If signed by an individual partner, the partnership’ must attach a statement of partnership authorizing the partner to execute this instrument). Attached I LFMP Zmc TRNpautim Fee S 3724 EXHlBlT LEGAL DESCRIPTION REAL PROPERTY PARCEL2 OF PARCEL MAP NO. 17830, IN THE CITY OF CARLSBAD. COUNTY OF SAN DIEGO. STATE OF CALIFORNIA. FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 21, 1997. AS FILE NO. 1997-0129122 OF OFFICIAL RECORDS ,~ i:-, ,.,, ;‘?:;i ~‘~ ‘7 yw;;:;. ~. _ ~.,’ 1: ~1 ,a~. .:. ._ ~~~ ~:;..‘). ,‘ ‘. ,. , -. ..‘i, : ~, ‘. ~‘, ;, ‘,t _ .~ : 6 3725 - On /(6&$?9 before me, Carolyn A. Kenchick, N;;;;eP;b&i;f Officer) personally appeared Paul B. Hogan, Authorized Signatory of Carlsbad (Name[s] of Signeds]) Associates 1/l, L.P. . personally known to me -OR - (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/she/they 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 entity upon behalf of which the person(s) acted, executed the instrument WITNESS my hand and official seal Signaturgof Notary ,*.ycwll .i; (This area for 1 official notary sea!)~:~~.~~~~~;.....” + I’.. , ,; ,.qF 2’. de -5 . ...” ,,... I~. ” Agreement Between Developer/Owner and the City Title or Type of Document flf,Eg;x$~dz~~~ $II;,~;J~~III& peacal Facilities Date of Document No. of Pages I Signer(s) other than named above .= .: .’ . 3726 - MILLER PROPERTlES GROUP III, LLC RESOLUTION OF MEMBERS The undersigned constituting all of the members of Miller Properties Group III, LLC, a Colorado limited liability company (the “Company”), do hereby adopt the following resolution: That any one of the following: Myron M. Miller, James H. Miller, Donald E. Spiegleman, Gregory L. Pohle. or Paul B. Hogan is hereby designated an authorized signatory for the purpose of executing any and all documents of any kind or nature on behalf of Carlsbad Associates I, L.P. This Resolution may be executed in several counterparts, each of which shall constitute an original. Facsimile signatures shall be as binding as original signatures. Dated as of August 31, er Donald E. Spiegleman as Manager of Spiegleman Family Associates, LLC, A Colorado limited liability company, Member . ,. 3’72’1 - THE DAVID J. MILLER TRUST, Member By: By: THE CYNttHp M. LOWINGER TRUST, Member By: By: THE STAChhLLER KIRSTEIN TRUST, MemberA By: By: