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Home My WebLink AboutHDP 98-14; Gilson, Kirk & Nita; 1999-0425737; Notice of RestrictionDOG L- 1999~0425737 JUN 17s 1999 2:r)3 PM oFFIcIly REaRDS RECORDING REQUESTED BY AND ) !M DIEGU COUNTY REOORDER’S OFFICE WHEN RECORDED MAIL TO: 5923 GREGmY gmHs CafYYREalRDER : . City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad. California 92008-I 989 1111111111111111111 Ill1 111111111111111111111111111111111111 Ill1 Ill1 1999-0425737 Space above this line for Recorder’s use AGREEMENT BETWEEN DEVELOPER/OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A LOCAL FAClLiTlES MANANGEMENT ZONE TRANSPORTATION FEE Parcel. No. J@7-063-44 THIS AGREEMENT is entered into this day of lo * by and between (name of developer/owner) *I 1g57 jw?K WV/7 a (corporatim paflfjership, etc.) -.hhm&w~~“,, _....” I ..,.._ & ;o) ~6 2 hereinafter referred to as k “Developer” whose address is (street, city, state, zip code) / 7 3 8 i%?bO&t?? &m l@efi@ q’@Os/ and the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as “City”, whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008-1989. WITNESSETH: WHEREAS, Developer is the owner of the real property ,described on Exhibit “A”, attached hereto and made a part of this agreement, hereinafter referred to as “Property”; and WHEREAS, the Property lies within the boundaries of LFMP Zone within City; and WHEREAS, Developer proposed a development project as follows: s/H& L6 m/s/L)/ @~lmwE w/7x &!Tek;r~ 62-fMGE on said Property, which development carries the proposed name of C/LsoN /zG/&ACG and is hereafter referred to as “Development”; and LFMP Zone Transportation Fee 1 5125199 $fSd HP 98*/y 5924 WHEREAS, Developer filed on the 17” day of ) 19ci8 -I I with the City a request for hulrId/A a ! 1 Dt=‘frn;k J%- nclCt hereinafter referred to as “Request”; and u &L$ kQm& 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%transportation facilities within or affected ,by LFMP Zone I 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 I 1 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 I 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 5125199 . I 5925 1 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 .” permit” and “entitlement for use” as used ‘in‘ this agreement, except,in reference to mobilehome 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 1 when the City Council determines the need exists to provide the facilities and sufficient 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. I LFMP Zone Transportation Fee 5125199 . ’ - . . . * 5926 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 City aHhe address set forth herein, enclosed in a sealed envelope, addressed to the City for attention of the, City Manager, postage prepaid and certified. 6.2 If notice is given to Developer by personal‘delivery thereof to Developer or by depositing the same in the United States Mail, enclosed in a sealed envelope, 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 Developer or City herein shall be deemed to be a reference to .and include 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. . . . . . . . . . . . . . . . . . . LFMP Zone Transportation Fee 5/25/99 5927 8. This agreement shall be recorded but shall not create a lien or security interest in the Proper&y. 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 ATTEST: n p!aL -g-to~A-5 Glrs;cll\l (print name) ALETHA L. RAUTENKRANZ, City Clerk 1 nci/Gl nOra? - VrJVVwr b,r- OWJUC~ APPROVED AS TO FORM: RONALD R. BAL Aj~Ti4 lCURM/NS 6jLsonl (print name) , DgtmLop@c - 0.4-K* (title) (Notarial acknowledgment of execution of DEVELOPER and OWNER must be attached). (President or vice president AND secretary or assistant secretary musf sign for corporations. If only one officer signs, the corporation musf attach a resolution certitied by fhe secretary or assistant secretary under corporate seal 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). I LFMP Zone Transportation Fee 5 5125199 I . .- , . , * . -. 5928 EXHIBIT “A” LEGAL DESCRIPTION PARCEL B OF PARCEL MAP N0.17879, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY ON JULY 14,1997, AS FILE NO. 1997-0331534 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY. Form Approved By City Council July 2. 1991 n .^ ,,,...: . .._ x.1.. ‘\I tnrrr,rrr 7 r. . Form 17 . - . 4 .--_ , , * . . * . - 5929 State of California County of San Diego > On CPI KA.?? before me, G* t5$+3-5 (Date) (Name, Title of Officer)’ personally appeared Kc\c ?bVY%? 5 &$ \ m (-131 fWe tLM(r/\i~S G+3m I --OR- (proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) j&are subscribed to the within instrument and acknowledged to me that h&be/they executed the same in b+efher/their authorized capacity(ies), and that by hi&her/their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal CommMonW 1154693 f ) Nota&Ulic&~~~~b f ’ WComm.WfesSep7,2001 F ROSA PARSONS ) (This area for official notary seal) Title or Type of Document Date of Document t P 10 fl Signer(s) other than named above kA- mwcp, No. of Pages 7 I. PC