HomeMy WebLinkAboutCT 92-03; Brehm-Aviara III Development Associates LP; 1999-0818243; Local Facilities Mgmt Zone Fee Agreement/ReleaseI - .. DOC :# 1999-0818243
- 3701 DEC 17. 1999 lor38 fiPl
RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: ) FEES: 25.m
) City Clerk 1
CITY OF CARLSBAD 1 1200 Carlsbad Village Drive 1 immr Yr YYll~lYYYYl~llYl
Carlsbad, California 92008-1989 ) 19~9.0818243
Space above this line for Recorder's use
AGREEMENT BETWEEN DEVELOPEWOWNER
AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A
hpeper/owner) Brehm-Aviara I11
ISPORTATION FEE
4-73
Piego I
of the
on said Property, which development carries the proposed name of BEindlsl ..
and is hereafter referred to as "Development"; and
LFMP Zone Transportation Fee 1
L.F
WHEREAS, Developer filed on the day of # 19-P
with the City a request for Tentative Map (CT97-17 1 hereinafter referred to as
"Request"; and
WHEREAS, the Growth Management Ordinance (Carlsbad Municipal Code Chapter
21.90) requires that the City Council find that' all public facilities necessaly to serve a
development will be ava.ilable concurrent with need or such development shall not be approved;
the Request. The fee shall be paid prior to the issuance of building or other construction
permits for the Development. Notwithstanding the forgeing. 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 Tmqmtation Fee 2 5/25/99
3703
on April 27, 1999. If said fee has not b een 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
LFMP Zone Tmnqmtation Fee 3 5i25/99
3704
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:
...
...
...
...
LFMP he TTanspofintion Fee 4
3705
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 corporation of the State of California
Lorraine M. Woc
APPROVED AS TO'
authirizing tie partner to execute this instdment). '
LFMP Zone Transportntion Fee 5 5/25/99
Brehm-Aviara Development Associates, LP.
a Delaware Limited Partnership
By: Brehm-Aviara Group, LLC a California Limited Liability Company
By: The Breb Companies, LLC
a Cali. Limited Liabiiity Company
its Managing Partner
'I
3707
State of California ) 1 County of San Diego 1
On before me.
personally appeared (Narne[s] of Signefls])
, personally known to me
to be the person6whose namej#
is/& subscribed to the within instrument and acknowledged to me that he/&/$W$.,
executed the same in his/w/&r authorized capacity(@, and that by his/Jb$/tfp$
signaturegon the instrument the persong or entity upon behalf of which the persong
acted, executed the instrument.
WITNESS my hand and official seal NotgPubilc-cdifQniD
(This area for
official notary seal)
Title or Type of Document
Date of Document No. of Pages
Signer@) other than named above
3708
EXHIBIT “A”
LEGAL DESCRIPTION
BEING A SUBDIVISION OF LOTS 3 AND 4 OF CARLSBAD TRACT 92-3, AVIARA PHASE 111 UNIT
NO. 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA
ACCORDING TO MAP THEREOF NO. 13434, FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY ON JUNE 23,1997.