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Home My WebLink AboutCT 84-32A; Delaware Corp; 1999-0523991; Local Facilities Mgmt Zone Fee Agreement/Release!r- ' / ,? 4- FiJ id SA!; iJIEG h 12 {'-$-,-cy ,3b*.3!P I RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: 1 --_j . 1 City Clerk ) CITY OF CARLSBAD 1 1200 Carlsbad Village Drive ) lRlllllllslllBB 1999-0523991 Carlsbad, California 92008-1 989 ) Space above this line for Recorder's use AGREEMENT BETWEEN DEVELOPEWOWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A LOCAL F,A,,Cll..l+!ES M4bIANGEME THIS AGREEMENT is entered into this 27th and the CITY OF CARLSBAD, a municipal corporatic State of California, hereinafter referred to as "City", whose address is 1200 Carlsba Drive, Carlsbad, California, 92008-1 989. W I T N E S S ET H: WHEREAS, Developer is the owner of the real property described on Er attached hereto and made a part of this agreement, hereinafter referred to as "Property WHEREAS, the Property lies within the boundaries of LFMP Zone 20 w and WHEREAS, Developer proposed a development project as follows: Phase 11, 14 Sinqle Family Hanes, Lots 1-5, 104-106, 49-54; Phase 12, on said Property, which development carries the proposed name of (Cobblestone) Marbrisa and is hereafter referred to as "Development"; and LFMP Zone Transportation Fee 1 A I ?I* 1 0 b 8831 0 WHEREAS, Developer filed on the 16 day of June ,IS with the City a request for building permits hereinafter referred ' "Request": and WHEREAS, the Growth Management Ordinance (Carlsbad Municipal Code Ch 21.90) requires that the City Council find that all public facilities necessary to ser development will be available concurrent with need or such development shall not be appr and WHEREAS, Developer and City Ordinance, and that th ity's transportatio will not be available m the proposed Development; and Developer has asked the City to find that public f the future needs of the Development as it is presently proposed; bL Developer is aware that the City cannot and will not be able to make any such finding wi financial assistance to pay for such services and facilities; and therefore, Developer propos help satisfy the Growth Management Ordinance and not be bound by the Moratorium on Development established by City Cobuncil Ordinance No. NS-473 (adopt urgency ordinmce April 27, 1999) by payment 0; an interim tiansporiatio NOW, THEREFORE, in consideration of the recitals and the covenants contc herein, the parties agree as follows: I. The Developer shall pay to the City a transportation facilities fee in an am estimated at $10.00 per Average Daily Trip (ADT) generated by the Development pursua the Request. The fee shall be paid prior to the issuance of building or other construl permits for the Development. Notwithstanding the forgoing, said fee is subject to adjustn based upon the amount of the LFMP Zone transportation fee, or other fee, ultimately ado by the City Council as the basis for termination of the Moratorium declared by the City Co LFMP Zone Transportation Fee 2 51 0 0 8835 k on April 27, 1999. If said fee has not been paid prior to final Council action formally ad( such fee, this fee shall automatically be adjusted to be the same as that fee. If this fe been paid prior to such Council final action, then this fee will again automatically be adjL and Developer shall, within thirty (30) of written notice thereof by City pay any shortfall; o shall within thirty (30) days of such determination, refund any overage. This fee shall addition to any taxes, fees, dedications or improvements required pursuant to Titles 18, 21 cf the Carlsbad Murliclpal Code. 7"?e terms "cther construction permits", "other constrc permit" and "entitlement for use" a sites or projects, shall not refer for the constructii ary prior to the u ent is intended. d the fee paid pursuant hereto a elopment with the not paid as provided herein, the City will not hav public facilities and services, and the development will not be consistent with the General and any approval or permit for the Development shall be void. No building or other constru d until the public facilities fee required by this agreeme agrees to deposit the fees paid pursuant to this agree financing of transportation facilities in or affected by Local Facilities Management Zone 2 when the City Council determines the need exists to provide the facilities and sufficient fi from the payment of this and similar public facilities fees are available. 4. City agrees to provide upon request reasonable assurances to enable Devel to comply with any requirements of other public agencies as evidence of adequate PI facilities and services sufficient to accommodate the needs of the Development hc described. LFMP Zone Transportation Fee 3 51: 0 8836 0 7 5. All obligations hereunder shall terminate in the event the Request mac Developer is not approved. 6. Any notice from one party to the other shall be in writing, and shall be date1 signed by the party giving such notice or by i3 duly authorized representative of such party. such notice shall not be effective for any purpose whatsoever unless served in one o following manners: 6:l if nctice iS gi'dei.! to the Ci:y cf perscnal delivery thereof to the city t depositing same in the United State enclosed in a sealed prepaid and certifi address set forth hc e is given to Developer by person is agreement shall be binding upon and shall inure to the PeCtiVe successors and assigns of Developer and City, and reference Developer or City herein shall be deemed to be a reference to and include their respec successors and should cease to have any intelest in the Property, all obligations of Developer hereunder I terminate; provided, however, that any successor to Developer's interest in the property s have first assumed in writing the Developer's obligations hereunder. igns without specific mention of such succes ... ... ... ... ... ... LFMP Zone Transportation Fee 4 5/25! 0 0 8837 1 8. This agreement shall be recorded but shall not create a lien or security inter the Property. When the obligations of this agreement have been satisfied, City shall rec IN WITNESS WHEREOF, this agreement is executed in San Diego County, Cali as of the date first written above. DEVELOP ER-0 WN ER: RONALD R. BALL, City Attorney otarial acknowledgment of executicln of DEVELOPER and OWNER must be attached). President or vice president AND secretary or assistant secretary must sign for corporatr nly one officer signs, the corporalion must attach a resolution certified by the secre ssistant secretary under corporate sea/ empowering that officer to bind the corporafion). ership must attach a statement of part, 51; e 8838 0 EXHIBIT "A" LEGAL DESCRIPTION (PHASE 11) BEING ALL OF LOTS I THROUGH 5 INCLUSIVE, 49 THROUGH 54 INCLUSIVE AN THROUGH 106 INCLUSIVE OF CARLSBAD TRACT NO. 84-32(A), UNIT (COBBLESTONE SEA VILLAGE), IN THE CITY OF CARLSBAD, COUNTY OF SAN D STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13428, FILED 111 OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JUNE 3,1997. Gih/LvtJg-~- q'mU'99 JOHN W. HILL, JR. L.S. 5669 HUNSAKER & ASSOCIATES SAN DIEGO, INC. PAGE 1 OF 1 PvdB M \Legals\1894 Greystone\OD6\Phase 11 DOC WO 1894-6X 7/9/99 0 0 8839 EXHIBIT “A” LEGAL DESCRIPTION (MODEL BUILD-OUT-PHASE 12) BEING ALL OF LOTS 95, 102 AND 103 OF CARLSBAD TRACT NO. 84-32(A), UNIT (COBBLESTONE SEA VILLAGE), IN THE CITY OF CARLSBAD, COUNTY OF SAN D OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JUNE 3,1997. STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13428, FILED ir -(x-&* - 9JZY44 JOHN W. HILL, JR. HUNSAKER &ASSOCIATES SAN DlIEGO, INC. L.S. 5669 PAGE 1 OF I :PvdB M:\Legals\l894 Greystone\OOG\Phase 12 DOC WO 1894-6X 7/9/99 ' State of is^,^ y\: L RIGHT THUMBPRIN c.2 E County of 5 c q T: c+-o On%\+, 15, 159'1 beforeme, - T,&;&-, 6. r'l'Iwfl ck.. ' IDATE) ' (NAMEfrITLE OF OFFICER I c 'JANE DOE, NOTAfi PUfllIC'I personally appeared TL?A c VG \ -6 e/ IhAMElSl OF SIGNERISII CAPACITY CLAIMED OINQIVIDUALIS) DCORPORATE __ OFFICER61 personally known to me -OR- 0 I OAITORNEY IN FACT OPARTNER(S1 OLlM OGEA person(d whose name(c) islare- subscribed to the GTRUSTEEIS) within instrument and ~GUARDIAN/CONSER\ acknowledged to me that OOTHER he/ske/Wy executed the same in his/k/tfw& authorized capacity(&), SIGNER IS REPRESENTI and that by his/hetr/th& Warn? of Psrson(r) or E signature(4 on the instrument the person(s), or the entity upon behalf of which the personb) acted, executed the RlGHT ,,,UMBPRlNT , instrument. r Witness my hand and official seal. GknL&L&k (SEAL1 Pi 0 i-,&5$./%? / L t 1 ISIGNATUR~ OF NOT , CAPACITY CLAIMED 8Y C31NDIVIDlJALISI The information requested below and in the column to the right IS OPTIONAL. ITIT1 Recording of this document is not required by law and IS also optional. It could, however, prevent fraudulent attachment of this certificate to any OPARTNER(S1 OLlMlTEl unauthorized document. OGENER OATTORNEY IN FACT MIS CERTIFICATE Tile or Type of Document OTRUSTEEISl MUST BE ATTACHED OGUARDIANICONSERVA DESCRIBED AT RIGHT TO THE DOCUMENT Number of Pages Date ot Document GOTHER Signerlsl Other Than Named Above SIGNER IS REPRESENTING INarne of Personb) or Enti WOLCOTTS FORM 63240 Rev 3 94 lprice class 8 2Al ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITYIREPRE~ENTATICN~O FlNGERPRINTS '1994 WCILCOTTS FOSMS INC Q-