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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 LFMP Zone Transportation Fee 1 5/25/99 q44 4382 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 LFMP Zone Transportstion Fee 2 5/25/99 4383 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. I LFMP Zone Transportation Fee 3 5/25/99 ' ,. . ., . , - 4384 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: ... ... ... ... I LFhtP Zom Tmsportation Fee 4 5/25/99 4385 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. LFMP Zone Transportation Fee 5 5/25/99 .. 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. LFMZ Transporntion Fee 6 4/99 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