The URL can be used to link to this page

Home My WebLink AboutCT 89-35; Escano, Ray; 90-670957; Drainage Fee Agreement/Release- 1364 .- - 90 670957 RECORDING REQUESTED BY AND ) / till ii J.$+;gti jji +----,i WHEN RECORDED MAIL TO: j $rf c;,;.-;s 3i.:~!~CI1RCS i Liz:‘ t2i; &.?&; ‘r< g&j i CITY OF CARLSBAD 1 ~a;~3 gzc f 7 zpfj #.$ "9 -c# 1200 Elm Avenue l&y~.y~ i I, Carlsbad, California 92008 ) 1 crrgir=y i;;; =>: .-- .._, Space above this line for Recorder's use Parcel No. GROWTH MANAGEMENT PROGRAM AND THE ADOPTED LOCAL FACILITIES MANAGEMENT PLAN FOR ZONE 1 THIS AGREEMENT is entered into this A day of - QC+, 19%? by and between Ray Escano, an individual, hereinafter referred to as "Developer" whose address is 800 Grand Avenue, STE Al, Carlsbad, CA 92008 and THE CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as @(Cityfit whose address is 1200 Elm Avenue, Carlsbad, California, 92008. WITNESSETH: WHEREAS, Developer is the owner of the real property described on Exhibit "A":, attached hereto and made a part of this agreement, hereinafter referred to as "Property"; and WHEREAS, The Property lies within the boundaries of the City; and WHEREAS, Developer proposes a development project as follows: subdivide four single family lots and one common recreation lot on said Property, which Development carries the proposed name of Vista San Malo and is hereinafter referred to as "Developmentll; and WHEREAS, Developer filed on the 26th day of October, 1989, AGREEMENTS AG-9.frm 1 REV. 6/23/90 n -I- Ofl 7C~U,‘AQr,-.~ I ’ I . - - 1365 with the City as a request for Planned Unit Development Permit PUD 89-17 hereinafter referred to as "ReguestB1; and WHEREAS, on September 27, 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 agreement is on file with the City Clerk and is incorporated by this reference. WHEREAS, Developer and City recognizethe correctness of the Local Facilities Management Plan for Zone 1, 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 1 requires that al1 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 1 by the payment of drainage fee. NOW, THEREFORE, in consideration of the recitals and the AGREEMENTS AG-9.frm 2 REV. 6/23/90 e -1366 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 1 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 in conformance 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 1. 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 1 and any approval or permit for the Development shall be void. No building or other 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 AC-9.fm 3 REV. 6/23/90 / ‘ - 1367’ 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 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 AC-9.frm 4 REV. 6/23/90 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. 12. This agreement and the covenants containedherein shall AGREEMENTS AG-9.fr-m 5 REV. 6/U/90 - 1369 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 AGREEMENTS AG-9.frm REV. 6/23/90 . t receipt by Developer. Notices required to be given to De er shall be addressed as follows: Ray Escano Horizon Pacific Properties 800 Grand Ave., STE Al Carlsbad, CA 92008 Executed by Developer this day of OCDI~ER I/q 19 4h. I DEVELOPER: Ray Escano CITY OF CARLSBAD, a municipal corporation of the State of California By&$/& Ray E an0 (Proper notarial acknowledgement of execution by DEVELOPER must be attached) (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: Q /bd . Deputy Cityutorney *AGREEMENTS AG-9.frm 7 REV. 6/23/90 I 2 P ln I 3 1 2 a ..c 3 * STATE OF CALIFOANI COUNTY OF -.- On ~.. D.CJ-.QLWi? 11: I y9 ’ --before me, the underslgned. a Notary State. personally appeared- ~--___ .known to me (or proved to me on the basis of satisfactory evidence) to be the persoL__-whose name --subscribed to the within in- strument and acknowledged that z executed the same. FOR NOTARY SEAL OR STAMP I -, ‘bc * ’ ; * . -I . . . h EXHIBIT "A" LEGAL DESCRIPTION A PORTION OF TRACT 4 OF LAGUNA MESA TRACT RECORDING TO MAP NO. 1719. AGREEMENTS AG-9.frm 8 REV. 6/23/90