The URL can be used to link to this page

Home My WebLink About; Vanguard Industries West Inc; 1999-0823450; Local Facilities Mgmt Zone Fee Agreement/Release,.A’ . 1818 DOC ii. 1999-0823450 DEC. 21. 1999 8:39 fVl RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad. California 92008-1989 1999-0823450 Sk-,, _-._ ., .,- ,,. I_ IvI , ..-I Urn c1 ke AGREEMENT BETWEEN DEVELOPER/OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A LOCAL FACILITIES MANANGEI THIS AGFj tothis 29 d by and a@ “Devel to as attached hereto coe\+-r\+b 06 0FT=~ ffi.‘ Titel--p1oOrz~, l&lrz6W % : I ticnbt-+/Mt?tW#?~JL@l~ t+@% =i coo 3n said Property, which development carries the proposed name of VAN~VAIZO HE* D 4! c) A %77ZtiLS and is hereafter referred to as “Development and :FMP Zone Tmspntatian Fee 1 ‘. . ;. , 1819 WHEREAS, Developer filed on the $9’ day of h~VEM&X I 19fL; with the City a request for t*tiOfi~ f* pw@k&vlt hidi+ y/%einafter referred to as (co wro&J “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, Develope Ordinance, and that the Growth Management PZone 5 as asked the City to find that public s fee in an amount estimated at $10.00 per Avera evelopment 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 LFhfP Zone Traqarlatim Fee 2 Y25/99 . . . . 1. 1820 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 feewill 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 permit” and “entitlement for u sites or projects, sh nstruction permits”, “other construction reference to mobilehome dhe construction of r to the use or t and the fee paid pursuant hereto ar from the payment of thi rices 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 Tmnspntatim Fee 3 . 1821 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: enclosed in a sealed e prepaid and certitif Manager, postage to Developer by person United States Mail, enclosed in a s successors delivery thereof to the City or by depositing same in the Unite address set forth herein, t Developer have first assum . . . . . . . . . . . . . . . LFMP Zac TmsportDtim Fee 4 5llslQQ 1822 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. I DEVELOPER-OWNER: CITY OF CARLSBAD. a municioal ^^-..r.,.l:^.. ALETHAK RAl LORRAINE M. WO APPROVEDAS .-.-.,.I . F. (Notarial acknowl ?(Pr&ent or vie only one officer assistant secretary (If signed by an individual partner, the pall ched). corporations. If ed by the secretary or &the corporation). I must attach a statement of partnership aothdtizing the partner to axe&e .tiii instiment). LFMP Zone Tranqmtation FCC 5 5l2slQQ 1323 . ‘, . EXHIBIT “A LEGAL DESCRIPTION pa &+I OF mzLi5L n4-P tJ0. l2~.ys- PARCEL 1, IN THE CITY OF CARLSBAO, COUNTY OF SAN DIEGO, STATE OF CALIFORYIA, AS SHOWN AT PAGE 12855 OF PARCEL MAPS, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 15, 1983. ?MZ Trampomim Fee 6 )/ ‘, . L CA 1824 .LIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California 3HdJfW County of > ss. On -bEd.B, IW mts personally appeared , before me, 6%La JGL;Q&+% h&l/?? %UCJ, blame and Title Of officer (e.g., “Jane DOB. Notary Public”) Name,s)%‘Signer(s) @personally known to me 0 proved to me on the basis of satisfactory evidence to be the personu whose name@ j&are subscribed to the within instrument and acknowledged to me that &they executed the same in h&+&their authorized capacity(&), and that by -&+&their signature(S) on the instrument the person&, or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary sea, move OPTIONAL Thwgh the information below is not required by law, il may prove valuable to persons relying on the document and could prevenf fraudulent removal and reatiachment of rhis form lo another document. Description of Attached Documen Title or Type of Document: ~(&eflam Dee&per 4ClrJ OF @AkSB& Document Date: w! 24, rqQQ Number of Pages: (0 Signer(s) Other Than Named Above: - md, MARti. Zr41C1fA L Individual ;r~l Corporate Officer - TitleQ: \JIU ~~E5f Deli SE-R? C Partner-C Limited L General U Attorney in Fact C Trustee n Guardian or Conservator 0 Other: Signer IS Representing: \/ AU&MD -66! IE5 l/&5$ Ia.