HomeMy WebLinkAbout; Jazzercise Inc; 1999-0794962; Local Facilities Mgmt Zone Fee Agreement/Release,b, .,
;. -‘. :
5502 DOC ,T 1999-0794962
DEC 06. 1999 3:23. F
oFFIcIl% RECORDS
RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO:
i City Clerk CITY OF CARLSBAD i 1200 Carlsbad Village Drive
Carlsbad, California 92008-1989
JAN DIEGO CWNTY RB3lRDER’S OFFICE GREGDRY ;~.$TH, iXG&fT;REtBDER
Space above this line for Recorder’s use
I AGREEMENT BETWEEN DEVELOPERIOWNER
AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A
THIS AG
E TRANSPORTATION FEE LOCAL FACILiTiES MA
1 “Develope@$ ss is (stiw$%ty~
a
attached hereto
and.
on said Property, which development carries the proposed name of
c_
and is hereafter referred to as “Development”; and
LFMP zone TrmlJportation kc
,A,
5503, -
WHEREAS, Developer filed on the zq4 day of h40x , 19x;
with the City a request for bd& oemdr hereinafter referred to as d’
“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 tha
are at capacity an
facilities resulti
e Growth Management
WHE has asked the City to find that publi
estimated at $10.00 per A
s 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 n-alqmatial FCS 2’ 5/25/99
.,, : ~ 5504
on April 27, 1999. If said fee has not been paid prior to fir&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
permit” and “entitlement for u
sites or projects, sh
er construction permits”, “other construction
reference to mobilehome
construction of
to the use or
and the fee paid pursuant hereto
$<bu%ant to this ag
ruction
for the
r
when the City Co
ie 3
ufficient funds
ces to enable Developer
to comply with any requirements of other public agencies as evidence of adequate public
facilities and services sufficient to accommodate the needs of the Development herein
described.
LFMP Zone Trmspomim Fee 3 s/25/99
5505
5. All obligations hereunder shall terminate in the event the Request made by
Developer is not approved.
6. Any notice from one party to the other shall be in writing, and shall be dated and
signed by the party giving such notice or by a duly authorlzed representative of such party. Any
such notice shall not be effective for any purpose whatsoever unless served in one of the
following manners:
6.1 If notice is given to the&j ersonal delivery thereof to the City or by
depositing same in the United.2
enclosed in a sealed eW
address set forth herein,
Manager, postage
he United States Mail, enclosed in a s
iven to Developer by person
successors Ir
terminate; prov$j
have first assume
. . .
. .
Develope.&$!j : . I’ roperty shall
. .
. .
. . .
. . .
I LFMP Zone Trnnspa~tion Fee 4 Mm9
5506
8. This agreement shall be recorded but shall not create a lien or security interest in
the Property. When the obligations of this agreement have been satisfied, City shall record a
release.
IN WITNESS WHEREOF, this agreement is executed in San Diego County, California
as of the date first written above.
DEVELOPER-OWNER: CITY OF CARLSBAD. a municipal
-corporation of tpestate qf CdiiSrp.lia
(Notarial ackno
(president or “ice p&gj@$~
only one officer signs, iTii@&
assistant secretary under co@L%@
(If signed by an individual partne
authorizing the partner to execute this instrument).
##%I the co&oration).
ust attach a statement of partnership
I LFhfP Zone Tmnsportntim Fsc
5507
. ;
_,.*_
‘,
EXHIBIT “A”
LEGAL DESCRIPTION
Description of Property
The land referred to herein is sittiated in the State Of California, County of San Diego, and,is described as
follows: .
6
, .- ;._ ” ( , ., ‘~
5508
State of California
County of San Diego i ._~
itiJdW~2~%Zle me, CjfLUUL~, Fri6i,; $.be7TL$d f RH&
’ (Date)
personally appeared CtiA&Q;t- ?-%hdfW> ai& .
(Name[s] of Signefls]) I h,u4 w id4 e , personally known to me -OR -
(s) to be the person(s) whose name(s)
y/are subscribed to the within instrument and acknowledged to me that l#p/they
executed the same in w /their authorized capacity(ies), and that by tf@,b6Vtheir
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
&
(This area for
official notary seal)
Title or Type of Document
Date of Document
Signer(s) other than named above
No. of Pages