HomeMy WebLinkAbout; Footer Family Trust; 2000-0070304; Local Facilities Mgmt Zone Fee Agreement/Release-
RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO:
,’ City Clerk
CITY OF CARLSBAD j 1200 Carlsbad Village Drive
Carlsbad, California 92008-1989
i689 DIIC #i- 2000-0070304
FEEi 10, 2000 10-40 AM
SM DIEM CWINPI RECNDER’S OFFICE G[IEGORY J. SMITH, CXW RECNWR FEES: 25.110 - llllulYll~lll~lll~lll~lll~llll~ln~lll~ll~l~ll
Space above this IjlIv IvI ,,r-1%%%.?4
AGREEMENTBETWEEN DEVELOPER/OWNER
AND THE CITY OF CARLBBAD FOR THE PAYMENT OF A
LOCAL FACILIT
er/owner)
0 RLS&, a m
State of
,
inaftq refe We:;
attached hereto
WHEREAS,
and
WHEREAS, Developer proposeit’
m=iLr’ 43 \hl LD 0 LhT
on said Property, which development carries the proposed name oft
/ and is hereafter referred to as “Development”; and
,’
r?‘. 2690
WHEREAS, Developer tiled on the / / day of *;& &$g- w-23
with the City a request for ~,/+@ A*- m hereinafter referred to as
“Request”; and (cf399crarr-J
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, Develooe
Ordinance, and that th
the Growth Management
b
MPZone 5
are at capacity an
facilities resultin Development; and
has asked the City to find that publi
yment of transpo?
i r,, i /: ?-.L 9 p c => i” ‘: ; I-!” @onsideratron:offr”the racltals
herein, the parties
1.
estimated at $10.00 per Avera
vices will
)ut the
without
bses to
n such
as an
,, ; contained
5 fee in an amount
velopment pursuant to
the Request. The fee shall be paid prior to the issuance of building or other construction
permits for the Development. Notwithstanding the forgoing, said fee is subject to adjustment,
based upon the amount of the LFMP Zone transportation fee, or other fee, ultimately adopted
by the City Council as the basis for termination of the Moratorium declared by the City Council
I LFMP Zone TRNpntstim Fee 2 sl2Y99
L
2691
on April 27, 1999. If said fee has not been paid prior to final-Council action formally adopting
such fee, this fee shall automatically be adjusted to be the same as that fee. If this fee has
been paid prior to such Council final action, then this fee.will again automatically be adjusted,
and Developer shall, within thirty (30) of written notice thereof by City pay any shorlfall; or City
shall within thirty (30) days of such determination, refund any overage. This fee shall be in
addition to any taxes, fees, dedications or improvements required pursuant to Titles 18, 20 or
21 of the Carlsbad Municipal Code. The te~nstruction permits”, “other construction
permit” and “entitlement for reference to mobilehome
sites or projects, sh he construction .of
c to the use or
kt is intended.
and the fee paid pursuant hereto
public faci
and any a
ices, and the&$&q ‘r ,: :; i; j
it&the Dekjoom ruction
permit shall’
3.
financing of tr
when the City Cou
from the payment of this
4. City agrees to
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.
I LFMP Zone Tmnsp0rtati.m Fee 3 siw99
2692
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 authodzed 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
depositing same in the U
enclosed in a sealed e
prepaid and certifi~
or by deposit
to Develope
apply to,
),psonal delivery thereof to the City or by
address set forth herein,
Manager, postage
en to Developer by person
e United States Mail, enclosed in a se
Developer
successors
t Developer
have first assumed
operty shall
.
. .
LFMP Zone Tnnsportatim Fee 4 Ym99
/’
. . I
2693
I 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
-corporatio@+6@qt~f momia
I .$ :x
ElT. City Manager,
for corporations.
by the secretary or
attach a statement of partnership
(Notarial ackno
(President or vice pr&#J
only one oficer signs, 1
assistant secretary under co$‘SE
(If signed by an individual partner,
LFMP Zone Tmspmmtion Fee 5
blerk
*. . 2694 (
State of California
County of San Diego
On &..+2hh&3~,‘~~ore mei Ll’kV.! b, 1 1~ kg.
(Date) (Name, Title of Officer)
personally appeared ?kr~ k. kM-k-
(Name[s] of Signefls])
, personally known to me -OR -
(proved to me on the basis of satisfactory evidence) to be the person@!) whose name($) _
is/w subscribed to the within instrument and acknowledged to me that he/&e&ey
executed the same in his/be&heir authorized c.apacity(ies), and that by his/he&air
signature(s) on the instrument the person(s), or entity upon behalf of which the person(gj
acted, executed the instrument.
WITNESS my hand and official seal
(This area for official notary seal)
&een-@nt Between Developer/tier and the CiFy
Title or Type of Document Of Carlsbad for the Payment of a Tacal Facilltie
Date of Document 12/3o/gg Managanent Zone Transportation Fee NO. of Pages Six Pages
Signer(s) other than named above Carlsbad Citv Officials
.
. 2695
EXHIBIT ‘A”
,LEGAL DESCRIPTION
623 )-4-i Y /aad --DRT 1oR 6 B /+,ccc~ m/w da\ a c/675-- m-w lvb P..oyLGM-
6