HomeMy WebLinkAboutCB993822; Qunice Associates; 2000-0047997; Local Facilities Mgmt Zone Fee Agreement/ReleaseRECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD 1200 Carlsbad Village Drive
Carlsbad, California 92008-1989
1848 JfW 31. 2000 9511 AM
Space above this line for Recorders use
AGREEMENT BETWEEN DEVELOPER/OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A LOCAL FACIL :ES MANAN YE TRANSPORTATION FEE
213-061-0500
by and betweet
a (corpora@
geloper/owner)
and th$Ct,JY OF$CaRLSBAD, a
State of C3
WH E R+J$~@$!!
:pp&p;~~.
“Jo,, ;:,;--~,~~~,
‘:y;~$“i,&l p.~.:’ ~&~~~+. ,i;&& : :‘.t
3flached hereto ancrFaa~~~pa;t~~hs;agr~
i,.;i. =’ gJJ@~F~~,.,l,,:. ~;., ,& ~~~‘~, ~~~~;~~:l~:‘,:,,~,4i’sI.:ilr:;
WHEREAS, ~zi,yl.,:,::!,‘c~~,:-‘,‘~c~~:i- ~~~~~~~~~~~~~~~~~hm,th~~~~~ -. ._-. .-,- ,-_ ;,,~ Yp;&’ p i:-inrl’ *jr>, “~ ‘ii:,, .f “6 ,,,. .._ i--___~ __ . *,y,-:mp ‘:.> Lr~~,~ ,ei ,.,.. (,..,,.
and .~ “..*ir’” ,:_ ~-.“/ -:,,,‘i): ~:il:i:i i:+:I, 1,, ,, _,:~a ~,~ (.-,,,; .j._,i, “ii,~~~,.~~,~.~;~~,,; 1 ,,,~.; (,, .I,~,:;,,,,‘;;i.:,,. ,,,~ .y~‘; ~~ :. ,,,l, ,l,;;~~ ~; : ..;,.~:~;ds~,~,:*‘:C’.~,. *:): ,,~i _ ‘:i+; :: ,,.~ ,,,. ~.~i,~~;.~p “’ ~~ $J:,~ ;;,.y;;; ,;:., ~5 .:::;: :$;:;.r”.‘,~+L+ WHEREAS, Deve,oper proposed a,&&opm~;~~~j~~ as fol,ows:
;, ,:,;; :: i’.,.J :+ 8%. / ;; ::, ,,,&#$$gg .i:;,,y<:z
cement; hereinafter&% edto-as;Pmperty”; and ..~:~~~;~~~~~~~~~~~~“. tl :Ir;.;,~: ‘. ,~~:.,)yx*)“‘ t, ?;I ~~~~?“~ Ilhag8es ,~f ,~~~M8,zbi;~:~‘,:*~~ within Ciiv: -.-, ,
Tenant IMprovements
In said Property, which development carries the proposed name of Cork de1 Ncgal
and is hereafter referred to as “Development”; and
.FMP Zone Tmrpomtion Fee 5nY59 .4Ob
1849
WHEREAS, Developer filed on the 18th day of o&okx=r : ( 19z;
with the City a request for a buildin hereinafter referred to as
“Request”; and
@w9&Ey :
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&
Drdinance, and that theA
3re at capacity and
Iacilities result&
&$&&the Growth Management
PZone 5
transportation
WHE
i be available
Developme;
uroencv ordin?
herein, the parties
1. The Dev.?$
estimated at $10.00 per Avera
e in an amount
: 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
LFMP Zone Trnn~po~tion Fee 2 m
1850
~ 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 Carisbad Municipal Code. The terms-l
permit” and “entitlement for ur&@
arconstruction permits”, “other construction
reference to mobilehome
Bb,Jhe construction of
F@c to the use or
and the fee paid pursuant hereto
-. e--i / ces, and the~;{e&loom&&l n&be
nsure the
gement
and any a&n%I~oi permit orithe Deveiopment shall _.,_ ..,.
” ;f& - j” ,~).A, be $3 void~~~,@$$lln
+<~“&“w~--‘- permit shall-~~~~s~~~~~~l the pudidir~~iiiiies,tee”~~~~ired ;A%&y$p, 3~ !p>.;. $:; ,:* bj;;gi&$ee
Fgrees t&deposjt?he fees paidjpurkant to this
“‘~:i~~~~~~:I:.:;~~li I;;;, _I ab, ..,;$<,L ,,&:;;;:, :
3. “i:::&” ,-“I :>. :~ ,iiprc&;.:.,:;~~) :-c,tL .,., .~ -.. /. c*,,i ^ _~.“..~ ~I ~ q&&&+ ~“~ q&; ;rx r&d !r.!,--~r;s?~ &YC?, /t&in or affected: b~$Local ‘Fa _ ~_.m,;.,. . _, ,.~ ~*g$cT’ ;E:;:~;;ir.~,~~~.-~;~~~~i *zi;+,,~ ,II~ $“‘.U ‘&$A S’iB _ +@$t &+. when the City Co&fl?determjnes& leed:, .i-l,iii /.,,, ,~~~~~~~~,i~~~~~~~~~~l’ g *e”-.i,hr &#@ : .’ from the payment of this’%d%jmilar public~facili~e ,. ,_ .,~
4. City agrees to ~%#? ,&~. $&.&@;~@+A~ provide’i~pon~~~~q~~~~St~~~~~~~~~l~~~~~~rances to enable Developer */ ,.:,:--ll-yi*~~b-
to comply with any requirements of other public agencies as evidence of adequate public
facilities and services sufficient to accommodate the needs of the Development herein
described.
I LFMP Zone Tnnspomion Fee 3 525m
5. All ~obligations hereunder shall terminate in the event the Request made by
Developer is not approved.
6. Any notice from one party to the other shall be in writing, and shall be dated and
signed by the party giving such notice or by a duly authorized representative of such party. Any
such notice shall not be effective for any purpose whatsoever unless served in one of the
following manners:
6.1 If notice is given to
depositing same in the United~-s-@a
enclosed in a sealed
prepaid and certifi~
nal delivery thereof to the City or by
@g address set forth herein,
&Manager, postage
or by deposii
to Develooel
successors ant
to Developer by pe
. .
. . .
. .
. .
LFMP Zone Tnnsportptim Fee
1852
a. This agreementshall be recorded but shall not create a lien or security interest in
the Property. When the obligations of this agreement have been satisfied, City shall record a
release.
IN WITNESS WHEREOF, this agreement is executed in San Diego County, California
as of the date first written above.
DEVELOPER-OWNER: CITY OF CARLSBAD. a municipal corporation of the
BY:
(signature) ~-.
&Ii
&t;$ X*$
Asent (title) /
(signature)2j$
@“’
lzc=mt & (print name& .J% @%;. ‘,:~xi: &%Y 5!J.5 $+i;;‘::;,, , (,i::i !
(If signed by an individual partner, the p<
for corporations. M ‘fied by the secretary or
$%d the corporation).
1st attach a statement of partnership authorking the partner to execute this insttiment).
I LFMP Zone TmrpaMtim Fcs 5
1853
EXHIBIT ‘A”
LEGAL DESCRIPTION
Lot 5 of Carlsbad tract #80-34, in. the City of Carl&ad, County of
San Diego, State of California, according t o map thereof #10062, filed in the office of the County R&order on April 15, 7981.
Assessors Parcel #213-061-0500
,FMZ ‘hwtim ke 6 .
State of California
County of San Diego
.~
- ,.,
1854
On l/tO1mbefore me, f?XagQ-TsVreS! I$~~$~~~>
(Date) am, f
personally appeared &y-d- A-tcldrecos
(Name@ of Signerg)
~ personally known to me -OR -
(C) to be the person@) whose namep
is&&subscribed to the within instrument and acknowledged to me that he/&Ytbs$
executed the same in his@$/$ajr authorized capacity@s$), and that by his/~/tbek
signature@ on the instrument the person$+& or entity upon behalf of which the person@
acted, executed the instrument.
WITNESS my hand and official seal Commission # 1218710
(This area for official notary seal)
Title or Type of Document
Date of Document
Signer(s) other than named above
No. of Pages