HomeMy WebLinkAboutCB993755; Real Estate 3 LLC; 1999-0807420; Local Facilities Mgmt Zone Fee Agreement/ReleaseDOG-# 1999-0807420
RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Drive Carlsbad, California 92008-1989
3533 DEC 13. 1999 11~54~ AM
Space above this line for Recorder’s use
AGREEMENT BETWEEN DEVELOPER/OWNER
AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A
LOCAL FACILITIES MANAN
THIS AG
my and betwe
~212-130-17 & 18
“‘this
edowner) Real Estate 3,
and tenant improvemen~ts in Suites B & C.
d to as
,Ste -
attached hereto
md
- within City;
>n said Property, which development carries the proposed name of. 5803 Newton
Improvements and is hereafter referred to as “Development and
.FMPZmsTmqomi~~F~~ 1
.’ . ,. : L’
.-
3534
WHEREAS, Developer tiled on the 12th day of October * 1999,
with the City a request for mezzanine building Permit hereinafter referred to as
“Request and
WHEREAS, the Growth Management Ordinance (Cartsbad 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;
he Growth Management
PZone 5
transportation
and
WHEREAS, Develo
Ordinance, and that t
facilities resulti d Development; and
has asked the City to find that public
fee in an amount
velopment 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 Tm~tim Fee 2 5ml9s
3535
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 te nstruction permits”, “other construction
,perrnit” and “entitlement for u
he construction of
r to the use or
sites or projects, shall 4
I,” Y.,
ment is intended.
and the fee paid pursuant hereto ai
sufficient funds
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.
I LFMP Zone Tmpartatim Fee 3 sizv99
.’ ,’
3536
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:
depositing same in the United
enclosed in a sealed
en to Developer by person
e United States Mail, enclosed in a s
to Develop
apply
nal delivery thereof to the City or by
address set forth herein,
. . .
. . .
.
.
LFMP Zone Trtmspmatim Fee 4 92999
3537
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
Real Estate 3, LLC
(Name of Developer)
William A
k erk
(print name&,’ ,@i-;:, ‘,;,,
ched). .&“’ r&p ‘-i ~~~~ta~4~‘~~~
~&go~f& &“@&$&*; r corporations. M
assistant secretary under corpora&~,s&l~em$@an&
: i,~i
t/i~t~&k !id by the secretary or
‘-,.,:~,i:;:i’.~~~~,.~,~:,:~~~~~~~i~~~~~~:~~~~~~~:~~~~~~~~~~ Ed the corporation).
“““‘i:;‘;,jl~,,:d~~~~~~~~~~~ :, _*<;.,;:,~ ‘,“Bb,
(If signed by an individual partner, the parinersh/p must attach a statement of partnership
authorizing the partner to execute this instrument).
LFMP Zone Tranrportltim Foe 5 5r29ss
.; . -. _’
.
State of California
County of San Diego
On 11 uoPl before me, w L%6S ; %iieof ofiMr),
(Date)
personally appeared iv ~~~Azv-I Arm*7 p-
(Name[s] of Signer[s])
, personally known to me -OR -
(proved to me on the basis of satisfactory evidence) to be the person(X) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/spe/tttey
executed the ‘same in his/h$&)!eir authorized capacity(ib), and that by his/hq/tpir
signature(9 on the instrument the person@), or entity upon behalf of which the person@)
acted, executed the instrument.
WITNESS my hand and official seal
/n/l
(This area for
official notary seal)
Title or Type of Document (
Date of Document {B-,%*“‘... of Pages g
Signer(s) other than named above
3539
SHIBIT ‘A=
LEGAL DESCRIPTION
LOTS 92 AND 93 OF CARLSBAD RESEARCH CENTER, UNIT NO. 5, 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, 19'91.
%lZ Trmrporution FCC 6