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Home My WebLink AboutCT 81-46; Callaway Golf Co.; 1999-0376463; Local Facilities Mgmt Zone Fee Agreement/Release. ." ...- ... . .. " -.. .. . <.'=;...::.:;- 0 -: : . .. I >;. . " .. .I_ ai. i" :, ,".-. ~ ..-. = x= .~"= 1 ".i_. . ._ - . - . -:. . . _i .. ., . .. .. - -. - . .. ,,-< ilC* '?.-:. - 2 _. :--_ ,:' i, .. .. . i_ __ 1'. -z $.: :. : .- i -.-. - - - ...- ii= . - 5-7 *. 5093 -.- = -. . = "_ " . . .,. - .. A- ". .-<. ". " ": ."-. "> < *. - 1 . ~. :, - - .. -.. . - ! 3- @ + 1 . .. - . " . .Li _i : ". -5 -2- "A' 2- ..< ~. - ."_ ." ~ I : ... __ ___ ji .-, ,.j.:_ .>... .. ... .. . ;' ; :.2;:-:- . .. :'..:"c.d~..:..-i ...- . =a: :..: i.:;i;: z,:L,:<.: ,2."z>j. : :y!!$.:!;;.\ > --: . ...~~: ,;!#.-;< .. -... :. ." !-yJ,;,:; :,,';.::::;.,i;';C . ..i i_ ... : : : .. : : ~. .. . . . . "-".".x"., , .-. ?....." .-... :: -...___ "_..._. __,. i - .."_ ~,: : t::&:.?: .. .. i.....: :~,.:. :. - i: ,-.--.--...:j -. ,-,:.;.~-~~~ ..-.. i:: .." :. ,.."_._. RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: .. .. - .."! : _: .. :. ~ .: :. ., . __.__ .... y.diij ~.= 2-.::i:;;:. ::.. ._ t- i_ .-. - : .. !..:,; . 1 .-?-.-.-. :: II:ii:. . . - .. - . . - - :3;: :*.<.. i : .:- <,.,!>;..,: ) City Clerk 1 CITY OF CARLSBAD 1 1200 Carlsbad Village Drive Carlsbad, California 92008-1 989 ) ) l WlllAsllslBl 1999-0376463 Space above this line for Recorder's use and made a part of this agreement, hereinafter referred to as "Property"; and WHEREAS, the Property lies within the boundaries of LFMP Zone 5 within C and WHEREAS, Developer proposed a development project as follows: 3 y 300 sq. f t . Mezzanine within existing building located.at 5858 Dryden Place ., on said Property, which development carries the proposed name of Mezzanine Project (Carlsbad Facility) and is hereafter referred to as "Development"; and 1 LFMP Zone Transportation Fee 1 4/25 u __ 0 5100 0 1. The Developer shall pay to the City a transportation facilities fee in an amc estimated at $10.00 per Average Daily Trip (ADT) generated by the Development pursuan the Request. The fee shall be paid prior to the issuance of building or other construci permits for the Development. Notwithstanding the forgoing, said fee is subject to adjustmc based upon the amount of the LFMP Zone transportation fee, or other fee, ultimately adop by the City Council as the basis for termination of the Moratorium declared by the City Cou LFMP Zone Transportation Fee 2 4/25 0 eo1 public facilities and services, and the development will not be consistent with the General F and any approval or permit for the Development shall be void. No building or other construct permit shall be issued until the public facilities fee required by this agreement is paid. 3. City agrees to dsposit the fees paid pmuant to this agreement in 2 fund for ' financing of transportation facilities in or affected by Local Facilities Management Zone 5 when the City Council determines the need exists to provide the facilities and sufficient fur from the payment of this and similar public facilities fees are available. 4. City agrees to provide upon request reasonable assurances to enable Develol to comply with any requirements of other public agencies as evidence of adequate put facilities and services sufficient to accommodate the needs of the Development her1 described. LFMP Zone Transportation Fee 3 4/29! 0 0 .- 51 02 5. All obligations hereunder shall terminate in the event the Request made Developer is not approved. 6. Any notice from one party to the other shall be in writing, and shall be dated signed by the party giving such notice or by a duly authorized representative of such party. I such notice shall not be effective for any purpose whatsoever unless served in one of following manners: ... ... ... LFMP Zone Transportation Fee 4 41291 e 91 03 8. This agreement shall be recorded but shall not create a lien or security intere: the Property. When the obligations of this agreement have been satisfied, City shall recor release. IN WITNESS WHEREOF, this agreement is executed in San Diego County, Califor (print name) Vice President, Associate General Counsel and Assistant Secretary (title) (Notarial acknowledgment of execution of DEVELOPER and OWNER must be attached). (President or vice president &VJ secretary or assistant secretary must sign for corporatior; only one officer signs, the corporaiion must attach a resolution certified by the secreta assistant secretary under corporate seal empowering that officer io bind the corporation). (If signed by an individual partner, the partnership must attach a statement of partne authorizing the partner to execute this instrument). I LFMP Zone Transportation Fee 5 412915 i' e SlQ 0 State of California ) 1 County of San Diego ) On bq 13, \ "il before me, IYiLThUYlZ If .e A"d@ iN&4n~ E (Dab - (Name, Title of Offider} personally appeared ejeo C. KC,, dc.em c~/h~ Ahkc rC?ar{~ ( (Name[s] of Signer[s]) " \ I personally known to me -OR - (( b I L I c ' "w) to be the person(s) whose name $are subscribed to the within instrument and acknowledged to me that h$/s%/tk executed the same in V/t@r/their authorized capacity(ies), and that by h.$/hy/tt signature(s) on the instrument the person(s), or entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal lDmmrL(& dwn &cb"d (This area for Signatu@ of Notary official notary seal) - 5% ".e-..t fj.$pAleay De"e\opqy//OWhev m ThC CH Title or Type of Document 0-F &b~Of Gr % ~u++,.,~ @ A LD~[ GC; \&VS Date of Document \/LW 17,\4qai No. of Pages 7 . rm&cAe5 k&br,Z~(vr Signer(s) other than named above hs h .e bnah9evne-+ ZB~C T-SyetAaVw Fey ' ' ~h4 ZFhihitA I 0 5105 0 8' EXHIBIT 'A' LEGAL DESCRIPTION Lot 20 of Carlsbad Tract No. 81 -46 in the City of Carlsbad, County of San Diego, State of California, Map No: 11287 e.. .. . , .. .. , >.. . , p:;: :. , .