HomeMy WebLinkAboutCUP 99-21; KinderCare Learning Centers Inc; 2000-0126069; Local Facilities Mgmt Zone Fee Agreement/ReleasernIcIL IIoMR#I MDmBOWUlPlRECORDIR'SrmCE GR88oRI J. MTH, lDulM RECORDER tECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: ) 4381 ms: 25.00
)
Xy Clerk 1
:ITY OF CARLSBAD 1
1200 Carlsbad Village Drive 1
:arkbad. California 92008-1989 )
Space above this line for Recorder's use
1400
9,897 square foot child care center
on said Property, which development carries the proposed name of Kindercare Learning
Center and is hereafter referred to as "Development"; and
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WHEREAS, Developer filed on the 4th day of August I 20-, 1999
hereinafler referred to as with the city a request for CUP-99-21 Building Permit #CB994287
"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;
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
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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
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:
...
...
...
...
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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.
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LEGAL DESCRIPTION
EXHIBIT ‘A”
4386
The land referred to herein is situated in the State of California,
County of San Diego, and is described as follows:
Lot 140 of Carlsbad Tract No. 92-02 Sambi Seaside Heights Unit 1,
according to map thereof No. 13378, filed in the office of the
in the City of Carlsbad, County of San Diego, State of California,
county recorder of San Diego County, December 9, 1996.
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County of i 4387
On 2-11-00 before me, EmyupI\\ -. J
(Date) -
personally appeared Jbe Icermdz, Vf"$ bod f&h. culd Fh M ' yp, (Name[s] of Signer[s )
kh~p & &* hh personally known to me -OR - Isonyw\g ckmh,Inc. (proved to me on the basis of satisfactory evidence) to be the person@) whose name(s)
islare subscribed to the within instrument and acknowledged to me that helshelthey
executed the same in hislherltheir authorized capacity(ies), and that by hislherltheir
signature(s) on the instrument the person@), or entity upon behalf of which the person@)
acted, executed the instrument.
WITNESS my hand and official seal
Signature of Notary
(This area for
official notary seal)
TiUe or Type of Document
ate of Document
igner(s) other than named above