HomeMy WebLinkAboutAviara Land Associates; 1989-06-28;e e 3.
BRIDGE AND THOROUGHFARE FEE AGREEMENT
THIS BRIDGE AND THOROUGHFARE FEE AGREEMENT (the
I1Agreement1l) is entered into as of june 28 , 1989, by between AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, a Delaware limited partnership (llAviarall), and THE CITY OF CARLSBAD, a municipal corporation of the State of California (the aCityvl), with reference to the following facts:
A. The Planning Commission of the City adopted Resoluti
No. 2596 on November 4, 1987, approving SDP 86-2 relating to
Aviarals development of the real property identified in Exhibit lrA,II attached hereto and incorporated herein by this
reference (the "Property"). As a condition of said approval,
condition no. 35 of Resolution No. 2596 provides as follows:
"35) Before and as a condition of obtaining a final map, or final development permit or site plan approval under Title 21 of the Carlsbad Municipal Code, the subdivider shall enter into a contract with the City whereby the subdivider covenants on behalf of the subdividers and subdivider's successors in interest to the following:
(a) Not opposing and consenting to the formation of a bridge and major
thoroughfare district for the
southern area of the City.
(b) Payment of the bridge and major thoroughfare fee for the area of the district in which this development is located.
(c) Payment of the traffic impact fee
established for the area of the City in which the development is located.11
B. A bridge and major thoroughfare district as describe
in the above-referenced condition no. 35 (a) has already been
formed (the I1District").
and conditions of the agreement between Aviara and the City required pursuant to the above-referenced condition no. 35.
C. The purpose of this Agreement is to set forth the te
NOW, THEREFORE, the parties hereto agree as follows:
1. Payment of Bridqe and Major Thorouqhfare Fee.
Aviara and any successive owner of all or any portion of the
Property shall pay the bridge and major thoroughfare fee asses
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against and applicable to the area of the District in which th Property is located. Such fee shall be in an amount establish by the City at the time Aviara or its successor obtains, or
causes to be obtained, building permits for structures, other
than public improvements, to be located on the Property.
2. Pavment of Traffic Impact Fee. Aviara and any
successive owner of all or any portion of the Property shall I: a traffic impact fee assessed against and applicable to the ar of the City in which the Property is located. Such fee shall in an amount established by the City at the time Aviara or its successor obtains, or causes to be obtained, building permits structures, other than public improvements, to be located on t Property.
3. City Formation of Mello-Roos District. In the
event a Mello-Roos Community Facilities District is formed whi
includes the subject property and includes assessments for maj bridge and thoroughfare improvements or traffic impact improvements, then Aviara or its successors in interest shall remain obligated to pay the fees provided for in said Planninc Commission Resolution No. 2596 but shall be entitled to a crec
in an amount not to exceed the fees previously paid by Aviara
the extent said fees were paid for major bridge and thoroughfc improvements or traffic impact improvements included within tk District. Aviara or its successors in interest shall not be entitled to a refund of any fees so paid.
4. Bindincr Effect. This Agreement shall inure to
benefit of and be binding upon the parties hereto and their
respective heirs, executors, administrators, successors and
assigns.
5. Entire Acrreement. This Agreement constitutes t entire agreement between the parties hereto concerning the subject matter contained herein.
IN WITNESS WHEREOF, the parties have executed this
Agreement as of the date first set forth above.
ATTEST:
City Clerk
(SEAL)
ADDITIONAL SIGNATURES TO FOLLOW
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0 0
\.
AVIARA LAND ASSOCIATES LIMITED
PARTNERSHIP, a Delaware limited
partnership
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a 0
5.
STATE OF CALIFORNIA )
COUNTY 0
before me, the undersigne
n to me st+pT-q
e, personally appeared
S-@a&esLaq~ of Aviara
General Partner of Aviara Land Associates Limited Partnershi
the partnership that executed the within instrument, and SUC
person(s) acknowledged to me that such corporation executed
same as such General Partner pursuant to its by-laws or a
resolution of its board of directors, and that such partners
executed the same.
WITNESS my hand and official seal.
(Seal)
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0 e
STATE OF CALIFORNIA )
COUNTY OF
before me, the undersign€
, personally known to me - ate, personally appeared
.the person who
President, e Q-w&&
person who exec
of Republ i cuted the withi
instrument as General Partner of Aviara Land Associates Limi
Partnership, the partnership that executed the within instru
and such person(s) acknowledged to me that such corporation
executed the same as such General Partner pursuant to its by or a resolution of its board of directors, and that such partnership executed the same.
WITNESS my hand and official seal.
(Seal)
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