HomeMy WebLinkAboutPD 385; Western Financial Savings Bank; 1992-0081989; Drainage Fee Agreement/ReleaseRECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: i
i
@FICIfii REiJjR&
CITY OF CARLSBAD s&j IJfEGfl ~Oi]W’ RECORDER’S OFFIt:
1200 Carlsbad Village Drive ) Carlsbad, California 92008 )
f#HETTE E~j%i ~~~~~~~~E~~~~~~
;;; li:io !-: 29. B
Space above this lid& for R&!&rder's use
.
Parcel No. 167-030-53
AGREEMENT TO. -AS REQUIRED BY THE GROWTH DOPTED LOCAL ZONE 2
day of lG?d l
rn Fingincial Savings Bank a
referrea-to &ti *Developer11
five;' '.San ~,$$iego ~+&2 12 1 and
oration of t&State of 8 :a '* -$ i'-&;P (_ ;,g i:, Calif einaftee- refer'red to as wCftyll'wh@s@ :$!@ress is
, California,;'92&8.
WI&m&Em& -: ,' :( ) ': ,~
ofaF.'th&" Z&&l property
,a& ‘lade a par- of
'WJ&pertyIl ; and
:,:;+& boundaries of the
City; and
WHEREAS, Developer proposes a development project as
follows:
three commercial buildings totaling 23,982 square feet on said
Property, which Development carries the proposed name of Western
Financial Plaza and is hereinafter referred to as "Development";
and
WHEREAS, Developer filed on the 6 day of September, 1989,
AGREEMENTS AG-9.frm 1 REV. 8/23/W
h 2361 -
with the City as a request for tentative parcel map MS 827 and
Site Development Plan SDP 89-14 hereinafter referred to as
VIReguestV@; and
WHEREAS, On September 1, 1989 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
.’ ;, ,“‘” iii/_ 5. li ,, $1,~ ,,~~~~~~~ and is incorporated by "~r;"-m "-, ~:~ -2 .:~ "hi ~-,:-; ,- *; :;;: ; ,) 'i ,( i,~' . .( ,)' .,( ., _ ':,I _'(_>
agreement is on file w
Local Faci&&
City
o&file with the
orated 'by ~~~64,.rererence,.and that the City's ,( )3 ,_ ".
dra inag#:!$a
:-
may be at or near capaci&y in '-a*!: drainage
1: i II;.- sub-ba~~~~~-~ :~~~~" this" dev~~l~~~;~nt' -' fs located, "a~ ~~' not be
(S”’ ?l: (1 () ,‘-,‘~ avail .‘d’q’I‘k ” b ~~~+&&o~odate the a&$i~ion&l draigja& 'a&&a
‘s’c-::.. * .;,,::.,; s,,; i'$&:'&erv&ces resu%tfng from W$e prop ., (_Z,, _
,*
ag &ii public
'.serve a development
th& City's adopted
j"e with the City
WHEREAS, Developer has asked the City to find that drainage
facilities and services will be available to meet the future
needs of the Development as it is presently proposed; but the
Developer is aware that the City cannot and will not be able to
make any such finding without financial assistance to pay for
such services and facilities: and therefore, Developer proposes
to satisfy the Local Facilities Management Plan for Zone 2 by the
payment of drainage fee.
AGREEMENTS AG-9.frm 2 REV. 8/23/9G
h 23M
NOW, THEREFORE, in consideration of the recitals and the
covenants contained herein, the parties agree as follows:
1. That the foregoing recitals are true and correct.
2. The Developer shall pay to the City a drainage fee as
required by the Local Facilities Management Plan for Zone 2 as
may be detailed in said plan and incorporated by reference and as
determined through the
provide drain
inage Plan necessary to
k&%&$&h the City's Growth
~in&$k Ske shall be in
i~~r&ve~emts required
,( -;;:a pursuantlf& Ti&&&8, (O', -. 20 a~&'~&!k;&!& the Cark&ad Municipal Code.
3 ; 5j;is;fz: .%~& tJ, .;i6 Thi&'%&reement and the drainage ~fee p'&$,pursuant ,; i
ed t& ens&& gf& &nsi,&ency ij-f be '.Q&lopment i ,'c
General -an, .'me Growth
-,,(i: en*' P$#!$ram and ,:, .3( nt plan f@T'-Z&ne $&i, $f & fee is ', '(
the City %&&I not Isave th&-funds to
~ih(Et '~ewices, tid the Development
h the Gt&&~&~ ,plm,' the Growth
&iii~~+LJes &&@#%.$ement plan for
Zone 2 and any :$&j&& &&lopment shall be
void. No building emit 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 AG-9.ft-m 3 REV. 8/23/90
1
2
-3
4
5
6
7
6
9
10
11
12
13
14
15
16
17
16
19
20
21
22
23
24
25
26
27
26
2 3A3
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 Carlsbad Municipal Code, or any provision
of law.
5. Developer agrees to construct, or participate in
financing the construction of public facilities and improvement
identified in the citywide facilities 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 funds from the payment of this and similar fees
are available.
7. Subject to paragraphs 3 and 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
AGREEMENTS AG-9.fi-m 4 REV. 8/23/90
1
2
- 3
4
5
6
7
6
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
A’ 2-4
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 the project or may deny or revoke a
Certificate of Occupancy for the project or both upon 15 days
written notice to Developer of the revocation or denial.
10. 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 part. Any
such notice shall not be effective for any purpose whatsoever
unless served in one of the following manners:
10.1. If notice is given to the City by personal
delivery thereof to the City or by depositing same 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 of the City Manager, postage and prepared and
certified.
10.2. 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 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
of any of the remedies provided to the City pursuant to this
agreement, regardless of the nature of the loss or damage.
AGREEMENTS AG-9.frm 5 REV. 8/23/9G
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
m
23
12. This agreement and the covenants containedherein 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 create an equitable servitude upon the real
property.
13. This agreement shall be recorded but shall not create
a lien or security interest in the Property. When the
obligations of this agreement have been satisfied and appropriate
fee paid to record a release, City shall record the release.
14. The prevailing party in any dispute between the parties
shall be the right to recover from the non-prevailing party all
costs and attorney's fees expanded in the course of such dispute.
15. Except as otherwise provided herein, all notices
required or provided for under.this agreement shall be in writing
and shall be delivered in'person or served by certified mail
postage prepaid. Delivery of notice to Developer shall be
presumed to have.been made on the date of mailing regardless of
///
///
///
///
///
///
///
/I/
///
///
///
///
AGREEMENTS AG-9.frm 6 REV. 8/23/90
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
. 17
18 I
19
20 i
21
s‘
22
23
24
25
26
27
28
h 23
receipt by Developer. Notices required to be given to Developer
shall be addressed as follows:
Western Financial Savings Bank 10140 Campus Point Drive, San Diego, CA 92121
Executed by Developer this 15 +L day of &fltiA/ily f
19eL.
DEVELOPER: CITY OF CARLSBAD, a municipal corporation of the State of California Western Financial Savinus Bank (Name o,f Developer
By: ;s---+ d L
Qsign here)
J+l& 6. b,,,bpj for City Manager
(print name here)
6. &!I(‘. L-d&m /L;dw~irpL J+wd/ /I?&&
(title,and organization of signatory)
~h-z&% KU~rn Fidk (print name here)
(Proper notarial acknowledgement of execution by DEVELOPER must be attached)
(President 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: f2 f&k& (L Deputy City Attorney
AGREEMENTS AG-9.frm 7 REV. 8/23/9G
LLL-PURPOSE ACKNOWLEDOMLNT NO 20’
Stateof cPI(GKr\\~
County of 0Q7 c\e\e . 2367
J
On 1% . 6 \ \%a before me,
DATE ’ NAME, TITLE OF ~FFICE#- E.G., -JANE DOE, VOTARY puic
personally appeared &~‘~~?5bo&4n . #FYV\\s& 31 ICC\? f”E\\ ‘?Z
‘NAME(S) OF SIGNER(S)
- ,
P personally known to me - OR - 0 (ce
to be the person(s) whose name(s) ware
subscribed to the within instrument and ac-
1 knowledged to me that he?she/they executed
the same in --h&/her/their authorized
capacity(ies), and that by hi&her/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s)
acted, executed the instrument.
Witness my hand and official seal.
CAPACITY CLAIMED BY SIGNER
0 INDIVIDUAL(S)
‘ps CORPORATE Eu p
OFFICER(S) sup
TITLEI.
0 PARTNER(S) -‘-’
0 ATTORNEY-IN-FACT
q TRUSTEE(S)
0 SUBSCRIBING WITNESS
0 GUARDIAN/CONSERVATOR
0 OTHER:
SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES)
1&-&n F\,-v%T,\cx \
EmlJ\ n7c.s Q-+r$QL
1 .
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachmzt of th@ certificate to unauthorized document.
THIS CERTIFICATE
MUST BE ATTACHED
TO THE DOCUMENT
DESCRIBED AT RIGHT:
Title or Type of Document Pc\Q32’0Y~&~ &J
Number of Pages - 8 - ’
_\ L, ~~CL\KLC&
Date of Document V& r\C$YZc?
Signer(s) Other Than Named Above ?J$&Ic\ RVO L\&K <-QzYX..L \?\fl\ c\K!Y
0 1991 NATIONAL NOTARY ASSOCIATION * 9236 Remmet Ave. * P.O. Box 7184 * Canoga Park. CA91334-7194
1 .
* 2
3
4
5
6
7
6
9
10
11
12
13
14
15
16
17
16
19
20
21
22
23 23
24
25 25
26 26
27 27
26 26
24
h -2368
EXHIBIT "A" LEGAL DESCRIPTION
PARCEL 2 OF PARCEL MAP 8586, IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, BEING A DIVISION OF PORTIONS OF LOTS 4 AND 5 IN SECTION 32, TOWNSHIP II SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO OFFICIAL PLAT THEREOF.
AGREEMENTS AG-9.fm 8 REV. 8/23/!&l