HomeMy WebLinkAboutCT 00-02; Calavera Hills II LLC; 2002-1096937; Drainage Fee Agreement/ReleaseRECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: 1
) City Clerk )
CITY OF CARLSBAD )
1200 Carlsbad Village Drive 1
Carlsbad, California 92008-1 989 )
Space above this line for Recorder's use
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WHEREAS, Developer has filed a request for City approval of a final map for Carlsbad
Tract 00-02 (CT 00-02) over the proposed Development; and,
WHEREAS, the conditions of approval for CT 00-02, pursuant to City Council Resolution
No. 2002-016, require Developer to agree to abide by any fee increase (or decrease) adopted
for the Local Drainage Area fee by City Council prior to payment or credit for payment of the
Local Drainage Area fee for Development; and,
herein, the parties agree as follows:
1. The Developer shall pay and/or receive credits for payment to the City for the
Local Drainage Area fee in the amount established by City Council as of the effective date of
this Agreement for the local drainage area(s) into which the Development drains. The fee shall
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be paid by, and/or credits will be awarded by City to Developer against payment of the fee for
constructed Master Drainage Plan facilities, prior to City approval of the final map for CT 00-02.
Notwithstanding the forgoing, said fee is subject to adjustment, based upon the amount of the
Local Drainage Area fee ultimately adopted by the City Council after approval of the
Developer’s final map. If said fee has not been paid by Developer prior to final Council action
formally adopting such fee, the Developer’s fee shall automatically be adjusted to be the same
approval of CT 00-02 shall terminate in the event the final map for CT 00-02 is not approved by
the Carlsbad City Council. The In the event of such termination, the Developer is still obligated
to pay the City’s Local Drainage Area fee for any subsequent final map or maps approved for
the Property in accordance with the Local Drainage Area fee requirements in effect at the time
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such map or maps are approved by the City Council.
4. 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 party. Any
such notice shall not be effective for any purpose whatsoever unless served in one of the
following manners:
4.1 If notice is given to the City of personal delivery thereof to the City or by
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7. If for any reason the Local Drainage Area Fee has not been revised by the City
Council within three years of the effective date of this agreement, the amount paid by the
Developer, including any credits granted against payment of the Local Drainage Area Fee, shall
be deemed to represent the Developer’s fair share contribution to the City’s Master Drainage
Improvement program and no further payment will be due from or reimbursement due to
Developer.
(Notarial acknowledgment of execution of DEVELOPER and OWNER must be attached).
(President or vice 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).
(If signed by an individual partner, the partnership must attach a statement of partnership
authorizing the partner to execute this instrument).
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EXHIBIT “A
LEGAL DESCRIPTION
THIS LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
BEING A SUBDIVISION OF A PORTION OF LOT 168 AND THE REMAINDER PARCEL OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO. 12951, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY ON JULY 16, 1992.
CARLSBAD TRACT NO. 83-19 CALAVERA HILLS VILLAGE “T”, IN THE CITY OF
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STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
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