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Home My WebLink About; Blackmore Lot 99 Investment LP; 2000-0126068; Local Facilities Mgmt Zone Fee Agreement/Release4371 fxtmlL RECORDS RECORDING REQUESTED BY Ak ) JWl DIEM CDW REKMER’S OFFICE NHEN RECORDED MAIL TO: 1 GREW J. SHIN CLMTY R-ECMR FEES: 34.M) City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, California 920084989 I , , I I t II ; ‘ c i i L Space above this line for Recorder’s use AGREEMENT BETWEEN DEVELOPER/OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A LOCAL FACILITIES MANANQ j,E TRANSPORTATION FEE --=* --m.&-- ?j. and thq!“CiTY OE#$RLSSA6,’ a mu ::,;~, ,*. ,,J‘ ,;!;;~’ !:;, aiic; li:,,:,, F*,ii*x:~ ;:j,~‘,& >;;zirli’t : _ ,,, j@ attach snd ~vl~f~ and is hereafter referred to as “Development and IMP Zone Transportation Fee 4372 WHEREAS, Developer filed with the City a reque&!’ I%Q IA “Request”; and hereinafter referred to as 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, DevelopeL,ar Ordinance, and that t are at capacity an the Growth, Management Development; and has asked the City to find that public facilities result s fee in an amount estimated at $10.00 per Averag e Development 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 T-or, Fee 2 925J99 4373 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 shaif 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 ~2, sites or projects, s underground or s! zstruction permits”, “other construction reference to mobilehome he construction of r to the use or 3, 1; finankna of tr sure the gement truction hd for the when the City from the paym 4. sufficient funds able 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 Transportation Fee 3 505&Y 4374 I 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 U enclosed in a sealed e ” delivery thereof to the City or by ddress set forth herein, Manager, postage n to Developer by pen . . . . . . . . . . I LFMP Zone Tanspomtim Fee 4 4375 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 for corporations. M authorizing the partner to execute this instrument). LFMP Zone Tranrportption FCC 5 5/25!99 “~ :~ 7’ j i’ ‘. ;;:’ ,d ‘4376 y .,,J i. :. J”~ f I :: ‘.~ : ~;. -LEGAL DESCRIPTION ~. ,T@ w Fl.EFERRED ‘JD HEREIN IS“SITUAm JN THE~STATE SOFA C&IFORNIA, COUNIX+ OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: LOT 99 OF CARLSBAD TIUCT NO. 85-24 UhV 5 CARLSBAD RESEAFXB CENT& IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFOR.NIA, ACCOJtDING TO MAF’ THEREOF NO. 12815, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY x,1991. OF XAL 4377 State of California ‘, 1 County of San Diego 1 .- On yJJtzq/oo beforeme. ~~~-6~~ ~~~~~~~e,Titleofo~sr) personally appeared ~\\evl J. B)qctm/lom (Name(e) of SignerH) , personally known to me -BR- +o be the person@) whose name@j is/em subscribed to the within instrument and acknowledged to me that he/s!&they executed the same in hi&e&heir authorized capacity&e), and that by hisAer/#air signature(e) on the instrument the person(& or entity upon behalf of which the person@ acted, executed the instrument. WITNESS my hand and official seal (This area for official notary seal) Title or Type of Document 2rMC crray\~P~r+tAi~ PqvMaJ Date of Document 1 61 pq ! 00 No. of’Pages v Signer(s) other than named above fi IA iB - he lackmore ompany - C 4378 ,NO”LTR,AL, REAL ESI&TE ,. ., February 3,200O City of Carlsbad Planning Department 1635 Faraday Avenue Carlsbad, California 92008 To Whom It May Concern: Enclosed please find a copy of the LPl for the Blackmore Lot 99 Investment partnership and Paragraph 4.2 of the Blackmore Lot 99 Investment Partnership Agreement. As you can see, Allen Joseph Blackmore is authorised to sign on behalf of the partnership. If you have any questions, feel free to call us. Sincerelv. Cyn&ia YamaUaki THE BLACKMORE COMPANY ,530 Faraday Avenue . Suite 170 . Carlrbad, California 92008 . phone 760.804.9600 . fax 760.804.9607 k 4379 Form LF-1 CERTIFICATE OF LIMITED PARTNERWP IMPORTANT-- Read Instructtons on bock before completing this form This Certificate Is presented far ftllng pursuant to Section 15621 Colifomla Cotporattons Code. I. NAME OF UMllED PARTNERSHIP BLACKMORE Lo+ 99 INVESTMENT, a California limited partnership 2 STREET ADDRESS OF PRlNClPN MECUWE OFFICE CnY AND SLATE ZIP CODES 1530 Faraday Avenue, Suite 170 Carlsbad, California 92008 2 S7REEl ADDRESS OF CAUFORN!., OFFICE IF MEWWE OFFICE Is AN ANOTHER SME CITY UP CODE CA ,. COMPLETE IF UMIXD PARMERSHlP ‘.WS FORMED PRIOR TO JULY I.1984 AND !S IN MlSTENCE ON DATE MS CERWICATE Is LXECUTED. ME ORfGlNhL LIMi,ED PhRTNERSHlP CERnflCAfE “46 RECORDED ON 19 -WI’” THE RECORDER OF COUNN. FILE OR RECORDMION NUM8ER 5. NAME5 AND A RESSES OF AU GENE MP A% Joseph B!ac&?re, TNERS: ‘C@T$K4L,oe” SEJ$IND PAGE IF NECESSARI) *' mME' the Blackmore Family Trust CNAME: ADDRESszl530 Faraday Avenue, Sufte 170 ADDRRSS: Cm: Carlsbad SlATAIE: CA ZIPCODE: 92008 CllY STATE: ZIP CODEz n. N*ME: D. NAME ADDRESS: ADDRESS: Cm: STATE’ IIP CODE! I CITY: STAE ZIP CODE: 6. NAME AND ADDRESS OF AGM FOR SERVICE OF PROCEIS: NAMf Allen Joseph Blackmore ADDRESS:~~~~ Faraday Avenue, Suite 170 Cm: Car&bad smre CA ZIPCODEz g2008 7. ANY OTHER MATERS TO BE INCLUDED IN MS CERTIFKZATE MAY 8. INDICATEME OF GENERAL PARTNERS SIGNATURES REWIRED BE NOTED ON SEPARATE PAGES ANY BY REFERENCE HERaN ARE A PART OF Tnls CERTWATE CONINUNION AND OF AMENDMENT. RESIATEMENT. DISSOLUTION. El CANCELLATION AND MERGER. NUMBER OF PAGES AWCHED: 0 NUMBER OF GENERAL PARTNER(S) SIGNATURE(S) WAREz cl 1 whs INOICATE NUMBER o?w 9. II Is HEREBY DECLARED THAT I AM (WE ARE, THf PERSON(S) WHO EsEcdED TM CERnflChlE CVnON Is MY (OUR, ACThNO DEED. fS~lwnrucnOM~ : .’ SlGNhWRE : Trustee of the Blackmore Family Trust ^ nP1_l +Tl-T- POSmON OR TIRE DATE ~POSlllON OR VLE DHE SIGNAT‘JRE SIGNATURE POS1TION OR rmE DATE POSmON OR nnE 10. RETURN ACKNOWLEDGEMENT To: N.&ME r Sean T. Harqaden, Esq.' ADDRESS SELTZER CAPLAN WILKINS & McMAHO CXY 750 B Street, Suite 2100 STME ZIP CODE San Diego, CA 92101 i=llED hf%: &ice of the Secretary Of state of the St& O! California JfJL t’- 19% SEC/STATE REV. I,96 FORM LP-I - flLlNG FEE: S7o.m -, 4380 .Partner, provided that employment of such persons by the General Partner shall be on such terms and for such reasonable compensation as are in accordance with generally accepted business practices; 4.1.5 To possess and exercise, as may be required, all of the rights and powers of a general partner as more particularly provided in the Act, except to the extent that any of such rights may be limited or restricted by the express provisions of this Agreement; 4.1.6 To make all Partnership decisions and elections for accounting and income tax purposes, including but not liited to the selection of the accounting method or methods to be used by the Partnership for Partnership accounting and income tax purposes, the selection of depreciation methods and useful lives for Partnership property and the making of any election for income tax purposes under Section 754 or any other appropriate provision of the Internal Revenue Code of 1986, as amended, or any successor federal income tax statute; and 4.1.7 To amend this Agreement without the consent or vote of the Limited Partners: (a) to reflect the addition or substitution of Limited Partners as permitted under this Agreement, (b) to reflect a return of capital to any Partner as permitted under this Agreement; and (c) to cure any ambiguity, to correct or supplement any provision herein which may be inconsistent with any other provision herein, or to add any other provisions with respect to matters or questions arising under this Agreement which are not inconsistent with the provisions of this Agreement. The foregoing authority may be relied upon by any person or entity which may deal with the Partnership. 4.2. Authorized Signatories: The signature of the General Partner alone shah be sufficient to make, execute, acknowledge and deliver on behalf of the Partnership any document or instrument, including, without limitation, any contract, agreement, indemnity, guaranty, deed, lease, deed of trust, mortgage, promissory note or loan document as may be necessary or appropriate to carry out any Partnership purpose. 4.3. Other Opportunities: The General Partner shall not be required to devote its full productive time to management of the Partnership’s business and affairs, but the General Partner shall devote such tune and efforts as it from time to time shah deem to be in the best interest of the Partnership. Any Partner, including the General Partner, may engage in any other activity for its own benetit or advantage without offering the opportunity or investment to the Partnership or any of the Partners. 5. Limitation on Rights and Powers of General Partners. 5.1. Notwithstanding Section 4 above, the General Partner shall not, without the prior approval of a majority-in-interest of the Partners (determined in accordance with their -3-