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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