HomeMy WebLinkAboutCT 89-01; Solovy, Myer Trustee; 90-438364; Drainage Fee Agreement/Release‘.
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1200 Elm Avenue I i/i :- ,-* 1.. f ,-: i L 1 I52 Carlsbad, California 92008 ) t2,z .i+ "'ii,+* ; ;' -;<$gyf!fDi - ‘1
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Space above this line for Recorder's use
Documentary transfer tax: No Fee
Signature of declarant determining tax- firm riaaie City of Carlsbad
Parcel No. 223-170-20
AGREEMENT TO PAY DRAINAGE FEES AS REQUIRED BY THE GROWTH MANAGEMENT PROGRAM AND THE ADOPTED LOCAL FACILITIES MANAGEMENT PLAN FOR ZONE 6 II
THXS AGREEMENT is entered into this 23~ day 'of G?AQcH
-I 1990 by'and between Myer Solovy, Trustee of My& Solovy
Revocable Trust‘ and Aaron Magidow, hereinafter referrred to as
"Developer 1Q whose address isC/O Robert M- cstrrH?bellDevel~t. Inc,
1568 Highlam Drim, Solar& Beach, CA 92075 and THE CITY OF
CARLSBAD, a municipal corporation of the State of California,
hereinafter referred to as "City" whose address is 1200 Elm
Avenue, Carlsbad, California, 92008.
NXTNBSSETH:
WHEREAS, Developer is the owner of the real property
described on Exhibit I@Al':, attached hereto and m&de 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:
CT 89-01, on said Property, which Development carries the proposed
name of La Costa Court and is hereinafter referred to as
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*WDevelopmentlg; and
WHEREAS, Developer filed on the 1st day of January, 1989,
with the City as a request for final an 8 unit condominium
hereinafter referred to as *%eguestgl; and
WHEREAS, On December 16, 1988 Developer entered into an
agreement with the City ta 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 recognize the correctness of the
Local Facilities Management Plan for Zone 6, on file with the City
Clerk and incorporated by the reference, and that the City's
drainage facdlitiies may be at or near capacity in the drainage
sub-bas%h where, this development is located, and may not be
available to accmmadate the additional drainage demands on such
facilities and Bervices resulting from the proposed Development;
and
WHEREAS, said plan for Zone 6 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): ahd
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
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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 recftals 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 anb incorporated by reference and as
determined through the revised Msster 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" atiy fees, dedications or improvements. required
pursuant %:rb T%tles 18, 20 and 23 of the Carlsbad Municspal 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 Pllrn for Zone 6. If the fee is not paid as
provided herein, the City will not have the funds to provide
drainage facilities and servfces, and the Development will not be
consistent with the General Plan, the Growth Management Program or
the Local Facilities Management Plan for Zone 6 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
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~ P roviding 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 for 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 Carlslbad Municipal Code, or any provision of law.
5. Developer agrees to construct, or participate in
financing the construction of public facilities and improvement
identified &i the citywide facilities and improvements plan or the
Local P”acil~iti4.m Management Plan to the extent t&at those
facilities or improvements are allocated to Developerfs property
or project and are not financed by the fees referenced hereto.
6. City agrees to deposit the drainage fees paid pursuant
to his 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
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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 f
9. In addition to the'other remtifes available to the City,
it is hereby agreed that if Developer does not pay the drainage
fees specified by this agreemnt the City may revoke the building
permit for 'the project or may deny or revoke a Certificate of
OccupanOy .J!oU 'es: project or both upon 15 days written notice to
Developer-of the revocation or denial.
10. + Any n&ice from one party to the othef sh63.1 be in
writings"&& ;$tjiiall be dated and signed by 'the part$? &wing such
notice or by a Cpuly 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
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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 agreeme& and the covenants contained herein shall
be binding upon and enure to the benefit of the successors, heirs,
assigns and tran@ferees of Developer and shall run with the real
property atid oreette'~&n equitable servitude upon the real property.
13. Thfs 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 he paid to
record a release, City shall record the release.
14. The prevai3ing 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
receipt by Developer. Notices required to be given to Developer
shall be addressed as follows:
c/O Robert M. (Ihnqkell Develoment, Inc 1568 Highland Drive solana Eeacll, CA 92075
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bosdqzfLcf;s
IN WITNESS WHEREOF, this agreement is executed in wJJ&ZJ?5
nia as of date first written above.
CITY OF CARLSBAD a municipal corporatio of the State of California
MARTINOREfiYAKforCi%+&M anager
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(Title) ATTEST:
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APPROVED A%' TO PO )JNM()Uv tit&nd= VIV~IH 'C N3Uw :A0
VINCENT F. BIONDO, JR. City Attorney
(Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached) .
av;
KAREN J. l-MA1 TA OEWN CITY ATTORNEY
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. EXHIBIT "A" LEGAL DESCRIPTION
Lot 229 of LA COSTA VALE UNIT NO. 1, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 7457, filed in the Office of the County Recorder of San Diego County, October 18, 1972.
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GENERAL ACKNOWLEDGMENT GENERAL ACKNOWLEDGMENT No. 201 No. 201
state of fiL/FORIr//P
>
On this theJ&ay of 4%/Z ~5 fi 19&, before me,
Los,Aup c ss. County of L&-y L-c=4 UBL/luO ai 2/q&m soNL&d ,
the undersigned Notary Public, personally appeared
P7YtTA ~,bwv ,
EllZA9ET H ULlEN Nfttafy Pub&California LOS ANGEL& COUNN
(54 personally known to me
0 proved to me on the basis of satisfactory evidence
to be the person@) whose name@) 1-S Subscribed to the within instrument, and acknowledged that UC executed it. WITNESS my hand and official seal.
nio 722 NATIONAL NOTARY ASSOCIATION . 23012 Ventura Btvd. l P.O. Box 4625 0 Woodland HiI& CA 913654625
. .._ - . .
GENERAL ACKNOWLEDGMENT No. 201
Stateot LiF CA ORrElj/A On this lhA%D day of N&& @Al 19&, before me,
County of LOS f4 ffJ9 CLgS “’ ~AcZauE~//Vtf d?~z,AR?t§-Z=-f ,kh4d ,
the undersigned Notary Public, personally appeared
ACQUELINE ELIZABETH AHLEN Notary Public-California LOS ANGELES COUNTY
ARD/O P7.AQ/ood I
,B personally known to me
0 proved to me on the basis of satisfactory evidence
to be the personw whose namq 1s subscribed to the
within instrument, and acknowledged that /fE executed it.
WITNESS my hand and official seal.
7x10 122 NATIONAL NOTARVASSOClATlON l 23012 Venlom Bhd. 0 P.O. Box 4625 . Woodland Hilly CA 913656625
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