HomeMy WebLinkAboutCT 85-24; Jett & Jones LLC; 1999-0807387; Local Facilities Mgmt Zone Fee Agreement/Releasei
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** . ~DOC~#-i999-0807387 / . 3441 :DEC 13, 1999 11:5(3 AM
RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: 1 \
mmL IEclm 81y( DItBl CWN RE@RWS DFFIE
=iiEimm s- : .
City Clerk
CITY OF CARLSBAD i 1200 Carlsbad Village Drive > ---- .-_--. Carlsbad, California 92008-I 989 ) l QQQ-0807387
AGREEMENT BETWEEN DEVELOPER/OWNER
AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A
LOCAL FACILITIES MANANGEMENJ &C?NE TRANSPORTATION FEE ,.‘>., .’ ‘^,, .s ,; . . . .:::.;: ,. .:.s ,- ;; 3 j ?.f “k ^Pa~~~~~~~~~~~2-120-11-00 ._,: '_ c-l-%- -II) T,._ .,' ' : . .'_
THIS AGREEMENT is entered into this 14 th dayof October. 1999 , mLY
by and between (name ofdeveloperzowner) Jett & Jones, Lo L, C l
a(corporafion,partnership, efc.)Limited Liability Corp. " ) herernafter referred to as
“Developer”whose addressis(street,city, staie,zip; code) P.O. Box 9672, Ranch0
Santa Fe, CA 92067 and the CITY OF CARLSBAD, a municipatcorporation of the
State of California, hereinafter referred to as “City”, whose address is 1200 Carlsbad Village
Drive, Carlsbad, California, 92008-I 989.
WITNESSETH:
WHEREAS, Developer is the owner of the real property described ‘on Exhibit “A”,
attached hereto and made a part of this agreement, hereinafterreferred to as “Property”; and
WHEREAS, the Property lies within the boundaries of LFMP Zone 5 within City;
and
WHEREAS, Developer proposed a development project as follows: Tenant improve-
ments to 4,324 square feet of 1815 Aston Avenue, Suite 106
on said Property, which development carries the proposed name of Lanikai Management
Corporation and is hereafter referred to as “Development”; and
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WHEREAS, Developer filed on the 13th dayof October. 1999 SBXX-l
with the City a request for Buildins Permit hereinafter referred to as
~g~s3 Boa)
“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, Developer and City recognize the correctness of the Growth Management
Ordinance, and that the City~s,transportation facilities within or affectedby LFMP Zone 5
are at capacity and will not be available to accommodate the .additional need for transportation
facilities resulting .from the proposed Development; and
WHEREAS, Developer has asked the City to find that public facilities and services will
be available to meet the future needs of the Development as it is presently proposed; but the
Developer is aware that the City cannot and will not be able to make any such finding without
financial assistance to pay for such services and facilities; and therefore, Developer proposes to
help satisfy the Growth Management Ordinance and not be bound by the Moratorium on such
Development established by City Council Ordinance No. NS-473 (adopted and effective as an
urgency ordinance April 27, 1999) by payment of an interim transportation facilities fee.
NOW, THEREFORE, in consideration of the recitals and the covenants contained
herein, the parties agree as follows:
1. The Developer shall pay to the City a transportation facilities fee in an amount .
estimated at $10.00 per Average Daily Trip (ADT) generated by the 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
I LFMP Zone Transportation Fee 2 Y25l99
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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 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 terms “other construction permits”, “other construction ,*,:. .“.^’ :.: ^ , ““: “‘G ,s:.-- : b ,; : ;.: ^‘: ( i : y’j “, ,i.
permit” and “entitlement for use’! as usedin this agnement,~exceptin reference to mobilehome I ,, .I ,, :.. sites or projects, shall not refer to grading ‘permits or other ,permits for the construction of
underground or street improvements unless no other permit is necessary prior to the use or
occupancy for which the development is intended.
2. This agreement and the fee paid pursuant hereto are required to ensure the
consistency of ‘the Development .with the City’s ‘General ‘Plan ‘and Growth Management
Ordinance. If the fee is not paid as provided herein, the City will not have the funds to provide
public facilities and services, and. the development will not be consistent with the General Plan
and any approval or permit for the Development shall be void. No building or other construction
permit shall be issued until the public facilities fee required by this agreement is paid.
3. City agrees to deposit the fees paid pursuant to this agreement in a fund for the
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 suffkient funds
from the payment of this and similar public facilities fees are available.
4. City agrees to provide upon request reasonable assurances 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.
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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:
6.1 If notice is given to the City~of personal delivery thereof to the City or by
depositing same in the United States Mail;~~addressed~to the,,&$&&the address set forth herein, ‘ ‘G.
enclosed in a sealed envelope, addres&d$o the,.Cityfor attention o&heXXy Manager, postage ..:.: ;., ‘_:. .-; ;a:’ ^ ,. .^ .I ,.:a: .I- .“.:‘: (: : 1:;. ,> ,. _, __i ,,’ ‘. “. ‘.“. : ,, ., .‘. prepaid and certified. .z .:> _. ., i ;..s ‘:l .; :_.* ,i ^ \ ,. : / ._. i ^‘.::$.,I *,t:
6.2 If notice is given to Developer by personal defiyery thereof$ Developer : :
or by depositing the same in the United States Mail, enclosed in a sea@%vefope, addressed
to Developer at the address as many have been designated, postage prepaid and certified.
7. This agreement shall be binding upon and shall inure to the’benefit of, and shall
apply to, the respective successors and assigns of Developer and City; and references to j ::i
Developer or City herein shall be deemed to be a reference tb‘.and ,inctude their respective
successors and assigns without specific mention of such successors and assigns. If Developer
should cease to have any interest in the Property, all obligations of Developer hereunder shall
terminate; provided, however, that any successor to Developer’s interest in the property shall
have first assumed in writing the Developer’s obligations hereunder.
. . .
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I LFMP Zone Transportation Fee 4 5125199
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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
Jett & Jones, LLC
:HElT, Cityznager,
(signature>’
T. Lawrence Jett
(Print name1
p-k4v7* -Mm
ALErtHA L. RAUTENKRANZ, City Clerk . . I
Manaqer
(title)
By:
(signature)
Lorraine M. Wood,, Deputy City Clerk
,S TO FORM: *. . a.: - . . APPROVED A
: City Attorney
(print name)
(title)
,‘.
(Notarial acknowledgment of execution of DEVELOPER and OWNER hust:be attached).
(President or vice president AND secretary or assistant secretary must sign for corporations. H
only one officer signs, the corporation must attach a resolution certified by the secretary or
assistant secretary under corporate sea/ empowering that officer to bind the corporation).
(If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument).
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EXHIBIT “A
LEGAL DESCRIPTION
PARCEL A:
LOT 65 CARLSBAD TRACT NO. 85-24, UNIT NO. 4 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO MAP THEREOF NO. 11811, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, MAY 19, 1987.
.
LFMZ Transportation Fee 6 4199
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State of California
County of San Diego )
(Name, Title of Officer)
personally appeared -i-I dA\f\rwti --&T-T
(Name[s] of Signer[s])
t-- - fi
( to be the personw whose name?&
is@&, subscribed to the within instrument and acknowledged to me that@sh&hq
executed the same in authorized capacity F and that by@&&tMr
signature* on the instrument the personw, or entity upon behalf of which the personw
acted, executed the instrument.
WITNESS my hand and official seal
(This area for
official notary seal)
Title or Type of Document L.c P’KZ..-K E /~WEM-
Date of Document No. ofPages srr(.b) (0 14 1999 / !
Signer(s) other than named above