HomeMy WebLinkAboutCT 89-30; Masader Investments Ltd; 1992-0504258; Drainage Fee Agreement/Release< .
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RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO:
Cit-1 ckpkr CITY OF CARLSBAD 1 1200 Carlsbad Village Drive ) Carlsbad, California 92008 )
i-i- # 1992-0504258 llhJG-1992 12:37 Pfl
OFFICICIL RECORDS SAN DIE60 COUNTY RECORDER’S OFFICE MNETTE ‘:f$ COW&ECORDER RF: * : 29.01
Space above this line for Recorder's use
JO-05 and 215-330-06 ), _ '((
AGREEMENT To MiY ~~~~~~~,FE~s As REQUIRED BY THE GROWTH ~A~~~~~, PR@i%%AM AND THE ADOPTED LOCAL FACILITIES ~A~~~~ PLAN FOR ZONE 6 :
THIS XRE ~4s enterad'into this /4& day of&.4;LLIJ
I 29% by and between Masader Investments, Ltd;, a Nevada .( ,, ,'
9
orporati~~,'h~~~inaSter referred"to a's @'Developer" vthcrkdi address
4 \W~~ Fll&., #two ,ILY-dJ\‘-. CA. 43319 . is lrd #.345 Irvm, CA 92?l5 and 'THE CITY
OF CARLBmD, i?& municipal corporation of the State of Caiifornia,
hereina~%%krr&$W=r ,+o'as @lCityl' whose 'address is X&0-'Carlsbad
Village Dr&vet X%rlsbac%; California, 92008.
, : : WITNESSETH: ,:,
WHEREAS, cl&&l&p& is the owner of the real property
described on Exhibit @A&:, attached hereto and made a part of
this agreement, her&iii&ftor referred ta 2~s "Propertyl'; and ,,
WHEREAS, The Property lfeswithin the boundaries of the
City; and
WHEREAS, Developer proposes a development project as
v
ollows: &7urkwl . construction of a +wel-~? unit condominium project on said
Property, which Development carries the proposed name of Masader
I and is hereinafter referred to as ltDevelopmentll; and
WHEREAS, Developer filed on the 30th day of August, 1989,
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I with the City as a request for a planned unit development and a
I tentative tract map hereinafter referred to as l'Reguestl'; and
WHEREAS, on May 10, 1990 Developer entered into an agreement
with the City to pay Public Facilities fees of 3.5 percent of the
~ building permit valuation. A copy of the agreement is on file
with the city Clerk allb:'.ggg$g Patad by this reference*
WHEREAS, De~~~~~er"~~~'C~tyi.recog~i2e the correctness of the
Local Facilitia~"Managosa~~' PI&n for Zcslr? 6, on file with the
City Clerk and incorporai'ted by the'reference, and that the City's
drainage facilftiss'may be at d;s near capacity in the drainage
sub-basin wher& this development is located, and $&a~ not be
available to accommodate the additional drainage de&n& on such ,f ," ,3 facilitfes"&&services resulting from the proposed Dev&lopment;
and _:' '( :: !:I;' .;/_ :,
wI-&mks,
(,,'.y i, ! ,- ( “:;? ;.i ', ::"
said -p%&n for Zone 6 reguires that a?l;l public
facilities, i&@tlding drainage, necessary to serve a development
will be availdble ~'in conformance with the City's adopted
performance standard' .(sisrfd Zone Plan is on file with the City
Clerk and is incarpti%dted~'by this reftirence); and ", . . _ _, WHEREAS, Developer%as~&&k&% ene Ci'ty to find that drainage
facilities and services will be available to meet the future
needs of the Development as it is presently proposed: but the
Developer is aware that the City cannot and will not be able to
make any such finding without financial assistance to pay for
such services and facilities: and therefore, Developer proposes
to satisfy the Local Facilities Management Plan for Zone 6 by the
payment of drainage fee.
NOW, THEREFORE, in consideration of the recitals and the
AGREEMENTS AG-9.frm 2 REV. 8/23/90
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covenants contained herein, the parties agree as follows:
1. That the foregoing recitals are true and correct.
2. The Developer shall pay to the City a drainage fee as
required by the Local Facilities Management Plan for Zone 6 as
may be detailed in said plan and incorporated by reference and as
determined through the,r&#,&" '(_( -: -&&k&f Drainage Plan necessary to
provide drainage f;ercfffti& in e&%formance with the City's Growth 2 ,( Management p&?for%ance s~a$%k$ard.~ Thss drainage fee shall be in
addition to any fees, d@&c;i;r$iuns or improvements required
pursuant to Titles- 18, 20 and 21 of the Carlsbad Municipal Code.
3.' .This"'$greement and the drainage fee paid ~ipursuant
hereto'tir& re$&red to ensure the consistency of the'f5e#elopment
with the'Cftly"-1~ General Plan, il. the Growth Management Prbram and
the Local FaefXitias Management Plan for Zone 6, If -i&e fee is
not paid a& provided herein, the City will not have the'funds to
provide drainage facilgties and services, and the Development
will not be consl;$"tent with the General Plan, the Growth
Management Prwram or the L&cal‘Facilfties Management Plan for
Zone 6 and any apptiova% or permft for the Development shall be
void. No building or '~~~~~'~~~~~"~~iun permit or entitlement
for use shall be issued until the drainage facilities fee is paid
or this agreement is executed.
4. That Developer agrees to pay the drainage fees
identified by the City Council as necessary to pay for the cost
of providing the drainage improvements or facilities which are
required by the Growth Management Program and the revised Master
Drainage Plan, or any other provision of Chapter 21.90 of the
Carlsbad Municipal Code, or any other provision of law. Payment
AGREEMENTS AC-9.fra 3 REV. 8/23/90
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shall be due 30 days from the date the drainage fee is
established. Developer hereby waives his right to challenge said
drainage fees. Developer further waives any rights to pay the
drainage fees referred to herein under protest and that any
protest shall immediately subject the project to the provisions
of Section 21.90 of the ~~~~~~~~ &fQizfpal Code, or any provision
of law. '- ,( : _((, :.- '( e:.: ; -Y ,. Deu&$& ag ; .il> : ,:
5. $:T&*" &$nstru&, &" participate in
:
financing the oa~~tructfon"af"~~lic facilities and improvement
identified' in the oitywide fa@flities and improvements plan or
the LocBrlq Fac&&ies Management Plan to the extent Chat those
facilit&e$# or'itiprovements are allocated to Developer's'property
or pro$&k and~&re not financed by the fees referenced"hereto.
6, City'kgrees to deposit the drainage fees pafd,pursuant .,
to this agkeeknt Yn' 'a drainage fund for the financing of
drainage f&ciEitiss as needed in the City of Carlshad when the
City Council det&tifn%S the need exists to provide the facilities
and sufficient funds from thp?. gz@m@nt of this and similar fees
are available. ,,_( i -: " _ . : 7. Subject to'p~~~,~~~~',~ a&&4, the city agrees to issue
building and other development permits pursuant to the provisions
of the Carlsbad Municipal Code Title 18, 20, and 21 to the extent
such permit comply with applicable provisions of law.
8. In the event that the payment required by this
agreement is not made when due the City may pursue any remedy,
legal or equitable (including those specifically referred to
herein), against the Developer and the DeveloperIs successors,
heirs, assigns and transferees. Without waiving its rights under
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the section, City, upon request of Developer, may allow
additional time to pay the drainage fee.
9. In addition to the other remedies available to the
City, it is hereby agreed that if Developer does not pay the
drainage fees specified by this agreement the City may revoke the
building permit for ~~,:i~~ '1; CH? may deny or revoke a
Certificate of *~~~~~~~~~~~~r'~~ project or both upon 15 days ,,
written not&e ~'Develo&? of ithe revocation or denial.
10. An% notice fr@m ano p&rty to the other shall be in
writing, iitnd shellbe dated and'eigned by the party giving such
notice o&by a,&uiy authorized representative of such part. Any
such nG$$Ga shall not be effective for any purpas& &&tsoever 3'
unless~"s&$Wd 'in one of the following manners: :( j
18, L w " If notice is ,given to the Ci&by i;lpersonal
deliverythoreof to' the City or by depositing same in *he United
States M&l, aciELZressed to the City at the address set forth
herein, en&lcbsed ipf',,a sealed envelope, addrossed to the City for
attention of the City Wn~$er, postage and prepared and
certified. ,( ,,i: 10.2. If &&&c&q &$ 'f && '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 indicated in this agreement or at
another place as designated to the City by the Developer in
writing, postage prepaid and certified.
11. The City shall not, nor shall any officer, employee of
the City, be liable or responsible for any loss or damage
happening or occurring to Developer's building for the exercise
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of any of the remedies provided to the City pursuant to this
agreement, regardless of the nature of the loss or damage.
12. This agreement and the covenants contained herein shall
be binding upon and enure to the benefit of the successors,
heirs, assigns and transferees of Developer and shall run with
1,: (, z4," the real property and c~~~~~'~~~, 'itable servitude upon the real
,( property. ,, '( : ,: ., '.$ )' i,,; '$ ‘) ~,(I ", ,";‘::(
13. Thik# agreement-&&J Serecorded but @hall not create
a lien or soourity inter&at ~'in the Property. When the
obligation& of 4Sx$S agreement h&Ve been satisfied and appropriate
fee pa&k0 rsctird a release, City shall record the ,release.
14. The grevailing party in any dispute bet;weonth&parties
shall be'the right to recover from the non-prevailing'p$rty all
i : costs atid att&r#%ey% fees expanded in the course of s&&dispute.
15. Except: as otherwise provided herein, aI1 notices
required or pkovi&d for under this agreement shaX1 be in writing
and shall be delivered in person or served by certified mail
postage prepaid, Delkvery bif notice to Developer shall be
presumed to have b&n made on'the date of mailfng regardless of
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receipt by Developer. Notices required to be given to Developer
. . shall be addressed as follows:
Executed by Developer this Y of38 , -+$$+a- =
199r/2 L 2 ‘i 'i ,'z; . 6 : (0,' '( ,(, '( ' r (_B )( .',;:.;,, ,: 3: ~: ,, DEVEmPER: ( ': : '- -. 1~ CITY OF'CaWJCISBAD, a municipal corpozration of the State-of
M RSfiC2E = ITw\f~%e~r3, L-l--(>, California
a- /i$&@i*g&dQ~
(print nam*,'here) :,
~&5sjD&T, fl)t$&&&. 5, w-4."
(title and organizatfon of signatory)
:
(Proper notarial acancsPler;geaxent.'oE,exe?cuti~n be attached) ,'
by DEVELOPER must
(President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
VINCENT F. BIONDO, JR. City Attorney
, By: Deputy City Attorney
AGREEMENTS AG-9.frm 7 REV. 8/23/90
A personally known to me (or proved to me on the basis of satisfactory evidence) to be the
3 Secretary of the corporation that executed the within instrument,
and known to me to be the persons who executed the within w instrument on behalf of the corporation therein named, and-
acknowledged to me that such corporation executed the same,
pursuant to its by laws, or a resolution of its Board of Directors.
WITNESS my hand and official seal.
X Notary signature (This area for official seal)
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EXHIBIT "A" LEGAL DESCRIPTION
LOTS 407 & 408 OF LA COSTA MEADOWS NO. 2 IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP
THEREOF NO. 6905 FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY, APRIL 12, 1972.
AGREEMENTS AG-9.frm 8 REV. 8/23/90