No preview available
HomeMy WebLinkAboutPE 2.91.34; Lee, Michael & Mimi; 1992-0600772; Drainage Fee Agreement/Release. . - . , 2, SW-1992 (j2:12 ppj , *’ 4. . RECORDING REQUESTED BY AND ; ‘743 OFFKAL RECORDS . WHEN RECORDED MAIL TO: cJ# g:gJj CjjMiy gE[Gf(ljER'S $FICE 1 AWTTE EVAHS f COilliT’! RECDRRER CITY OF CARLSBAD g: 13 gj; 17: 90 TEES: ??. x 1200 Elm Avenue Carlsbad, California 92008 ) 'IJ-j Space above this line for Recorder's use Parcel No. 212-070-15 AGREEMENT TO PAY DRAINAGE FEES AS REQUIRED BY THE GROWTH MANAGEMENT PROGRAH AND THE ADOPTED LOCAL FACILITIES MANAGEMENT Pli&N FOR ZONE 5 PE 2e91.34 THIS AGREES is entered into this 3 04 day of sM , I 199& by and between Michael P. Lee and Mimi P. Lee, Husband and Wife as Joint Tenants, hereinafter referred to as "Developer" whose address is 3310 Via De La Valle E., Oceanside, CA 92056 and THE CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as @lCityll whose address is 1200 Elm Avenue, Carlsbad, California, 92008. WITNEGSETH: WHEREAS, Developer is the owner of the real property described on Exhibit jrA":, attached hereto and made a part of this agreement, herefnafter referred to BS @Prapertyll; and WHEREAS, The Property lies within the boundaries of the City: and WHEREAS, ,,Developer proposes a development project as follows: Grading of an existing industrial lot on said Property, which Development carries the proposed name of C & L International, Lot 24, PE 2.91.34 and is hereinafter referred to as llDevelopmentll; and WHEREAS, Developer filed on the 1st day of August, 1991, AGREEMENTS AG-9.frm 1 REV. 8/23/90 h I 744 - I with the City as a request for Grading Permit hereinafter referred to as nReguestlt; and WHEREAS, On January 31, 1985, the Map 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, Developer and City recagniza the correctness of the Local Facilities Management Plan for Zone 5, on file with the City Clerk and incorporated by the reference, and that the City's drainage facilities may be at or near capacity in the drainage sub-basin 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 WHEREAS, said plan for Zone 5 requires that all public facilities, including drainage; necessary to serve a development will be available in conformance with the City's adopted performance standard (said Zone Plan is on file with the City Clerk and is incorporated by this reference); and 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 5 by the payment of drainage fee. NOW, THEREFORE, in consideration of the recitals and the AGREEMENTS AG-9.frm 2 REV. 8/23/90 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 5 as may be detailed in said plan and incorporated by reference and as determined through the revised Master Drainage Plan necessary to provide drainage facilities lin ounfozmance with the City's Growth Management performance standard. This drainage fee shall be in addition to any fees, dedications or improvements required pursuant to Titles 18, 20 and 21 of the Carlsbad Municipal Code. 3. This agreement and the drainage fee paid pursuant hereto are required to ensure the consistency of the Development with the City's General Plan, the Growth Management Program and the Local Facilities Management Plan for Zone 5. 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 Program or the Local Facilities Management Plan for Zone 5 and any approval or permit for the Development shall be void. No building or &her construction 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 AGREEMENTS AG-9.frm 3 REV. 8/23/90 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 agreee ta mzwtmct, 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 far the fikncing 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 par&graphs 3 and 4, the City agrees to issue building and other development permits pursuant to the provisions of the Carlsbad Municipal Code Title I.8, 20, and 21to 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. AGREEMENTS AG-9.fr-m 4 REV. 8/23/90 m - 747 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 date6 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 Hail, 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. 12. This agreement and the covenants contained herein shall AGREEMENTS AG-9.frm 5 REV. 8/23/90 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 certielied 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 REV. 8/23/90 - ** . .’ . .’ -. receipt by Developer. Notices required to be given to Developer shall be addressed as follows: Michael P. Lee 3310 Via De La Valle E. Oceanside, CA 92056 Executed by Developer this 19Q- . day of'3eQwmbet', k!d- DEVELOPER: CITY OF CARLSBAD, a municipal corporation of the State of Michael P. Lee & Mimi P. Lee, California Husband and Wife as $oint Tenants Michael P. Lee (print name here) Owner Mimi P, Lee (print name here) Owner (title and organization of signatory) (Proper notarial acknowledgement of execution by DEVELOPER must be attached) (President or vice-presidentandsecretary 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: j Deputy City Attorney AGREEMENTS AG-9.frm 7 REV. 8/23/90 Individual AcKnowledoment SITATE OF CALIFOI 4 COUNTY OF San uiego ss. 750 On this 3rd day of Sept. , in the year 1992, before me, the undersigned, a Notary Public in and for said County and State, personally appeared *Michael P. Lee and Mimi P. Lee* personally known to me (or proved to me on the basis of satisfactory evidence) to be the personS whose name S are subscribed to this instrument and acknowledged that they executed it. WITNESS my hand and official seat. Notary Public in and for said County and State Notary Seal -- FCIAL SEAL . . ‘A REYNOLDS N fhhIc.Cantornla - EXHIBIT A LEGAL DESCRIPTION LOT 29 OF CARLSBAD TRACT NO. 81-10, UNIT NO. 2-A, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEROF NO. 11134, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 31, 1985. CHARLES S. KAHR RCE 23907 DATE