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HomeMy WebLinkAboutMS 822; Saraiya, Rohit & Rupa; 1992-0463524; Drainage Fee Agreement/Release699 [;sz #t 1992-0463524 24-JUL-1992 a?=18 Pn RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: C,'t Clerk ) !' 7 11 CIT OF CARLSBAD 1 :,i t' 1200 Carlsbad Village Drive ) Carlsbad, California 92008 ) OFFfCIRL RECORDS SAM DIEM DX!HTY RECORDER’S OFFICE fi#jETTE EUAMS , COUHTY RECORDER RF: H.00 FEES: 29.0 CIF: !7.Ot! PiF: LOO Space above this line for Recorder's use AGREEMENT TO PAY DR&IN&&FEES AS REQUIRED BY THE GROWTH ~~G~M~~ PROGRAM AND THE ADOPTED LOCAL FACILITIES ~AG~NT PLAN FUR ZONE 6 THIS ~GR~~~ is entered into this yd day of s$i I 1Baby and between Rohit R. Saraiya and Rupa R. Saraiya as owners horeiilafter referred to as @Developer" whose a&dress is .' 3021 De1 ‘Rey 'Avenue, Carlsbad, CA 92009 and THE 'CITY OF CARLSBAD, a tiunicipal corporation of the State of Czi$tfornia, hereinafter refer-r&l to as '(CityI' whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008. WITNESSETH: WHEREAS' Developer is the owner of the real property described on Exhibit '@A";, d&ched hereto and made a part of this agreement, hereinafter referred to as @~Property~~; and WHEREAS, The Properky '%ies within the boundaries of the City; and WHEREAS, Developer proposes a development project as follows: a four lot subdivision with three single family residences on said Property, which Development carries the proposed name of La Coruna and is hereinafter referred to as @*Development@'; and WHEREAS, Developer filed on the 7 th day of xti\y , 19 69 , with the City as a request for Minor ,- '-0 Subdivision MS 822 hereinafter referred to as @VReguestVl; and WHEREAS, On '3a\u zrA \442 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 and is incorporated by this reference. '. ,: (( WHEREAS, Deve&$$& i&d Cjty recognfze the correctness of the Local Facilities Management Plgln for Zone 6, on file with the City Clerk and incorporated by th& referonce, and that the City's drainage facilities may be at or near capacity in the drainage sub-bas'fn where this development is located, and may not be available to accommodate the additional drainage demands on such facilities and services resulting from the proposed Development; and 0 WHERRAS, said plan for Zone 6 requires that all public facilities, including drainage, necessary to serve a development will be availablet in conformance with the City's adopted performance starrdard~,,~$~~~'Zone. PZptn is on file with the City Clerk and is incorporated by this reference); and WHEREAS, Developer&$& bs&%I the City 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 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 revi&& 'Irtaster Drainage Plan necessary to provide drainage ea~iP9;ei~iin,crmformrancs with the City's Growth Management p~d%mnance stariaard, This drainage fee shall be in addition ta any fees, de&Xcatfons or improvements required pursuant to Titles 18, 20 and 21 of the CarLsbad Municipal Code. 3. This Eigreement and the drainage fee paid pursuant hereto are reguired to ensure the consistency of the Development with the City"s General Plan, the Growth Management Program and the LocaT Pacixitkes Management Plan for Zone 6. If the fee is not paid as provided herein, the City will not have the'funds to provide drainage facilities and services, and the Development will not be consistent with the General Plan, the Growth Management P~&jram'or the &~a1 Faeflitlles Management Plan for Zone 6 and any approval or permit for the Development shall be void. No building or ot&kr can#B&uctfon 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 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 C~~~~~~d,~~~c~pal Code, or any provision of law. ,( 5. Developer agr "'t to construct, or participate in financing thre ccmstructfbn of public facilities and improvement identified in th8: citywide facflities and improvements plan or the Local Facilities Management Plan to the extent that those facilities or improvements are allocated to Developer's property or project and are not financed by the fees referenced hereto. 6. City agrees to deposit the drainage fees paid'pursuant to this agreement in a drainage fund for the financing of drainage facilities as needed in the City of Carlsbad when the City Council determines the need exists to provide the facilities and sufficient' fan&s fro& the gayment of this and similar fees are available. 7. Subject to ~~~~~~~~~ %tind 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 Developer's successors, heirs, assigns and transferees. Without waiving its rights under 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 th% pr@j%& or may deny or revoke a Certificate of Cccq&cy 'or ,4&e project or both upon 15 days written notice ta D&%1 r of the revocation or denial. 10. Any notice from on% party to the other shall be in writing, and sherlll be dated and signed by the party giving such notice or by 'A duly authorized representative of such part. Any such notiue shall not be effective for any purpose Whatsoever unless %%rv%d En one of the following manners: l&J. If notice is given ta the City by personal delivery" Wmreuf to the City or by depolsiting s%m% in the United States Mail, addressed to the City at the address set forth herein, enclosed in a sealed envelope, addressed to the City for attention df 'the City Ea~~%g%r, pastag% anid prepared and certified. 10.2. If not,&!&' %&'.g&e%n 43~ 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 P “~704 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 the real property and creat%'an'%&W!.table servitude upon the real property. '. 13. This ti,g"r"eement &k&l1 be recorded but shall not create a lien or security int4srast in the Property. When the obligation% of thfs agreementhrave been satkfied and appropriate fee paid to r%cc$rd a release, City shall record the r%lease. 14. The prevailing party in any dispute between th% parties shall be the right to recover from the non-prevailing p&y all costs aid atturney"s fees expanded in the course of such‘8ispute. 15. &xc%@ as othsrwise provided herein, all notices required or provided for under this agreement shall be in writing and shall be delivered in person or served by c%rtified mail postage prep&f&. D&&e- of notic% to D%v%loper shall be presumed to have b%en made on the date of mailing regardless of /// _( :, 6 , - . - . I receipt by Developer. Notices required to be given to Developer I shall be addressed as follows: 3021 De1 Rey Ave Carlsbad, CA 92009 Executed by Developer this 3cd day of '3u\v 1992. I DEVELOPER: CITY OF CARLSBAD, a municipal corporation of the State of California Rohit R, Saraiva (print name here) Owner :il ~(,,,., 1 (title and org&nization of signatory) ii!; 2lit2vdm (sign here) (print name here) Owner (title and organfzation of signatory) (Proper notarial acknow&edgement of execution by DEVELOPER must be attached) (President or vice-president md.secretary or assistant secretary must sign for corporations, If only on% officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL Acting City Attorney By: Deputy v City Attorney .- ^. ?%I IllflTP> Capacity Claimed Hy Signer: U ii: N t. !< 3 ‘On 07/03/92 before me, %!.“I ?AIJGiHNb personally appeared SROlt:I’T R Sf$RF,IY& AND RL.!PA v, :;$j?!?Iyfi$i notary public, 706 ’ STATE OF CALIFORNIA COUNTY OF SAN Dj:EG[] personally known to me -or- I F#~~~~##~~B~~~~~~~~~~XXXXX to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their author&d capacity(ies). and that by his/her/their signature(s) on the instrument the person(s), or the entrty upon behalf of which the person(s) acted, executed the instrument. Official Notarial Seal This certificate must be Title or Type of Document attached to the document Number of Rages described at right. Signer(s) Other Than Named Above Date of Document ALL-PURPOSE ACKNOWLEMMENT A EXHIBIT "A" LEGAL DESCRIPTION - 707 IOT 180 OF LA COSTA SOUTH UNIT NO. 1, IN THE CITY OF CARLSEBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 6117, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 3, 1968.