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HomeMy WebLinkAboutCT 89-30; Masader Investments Ltd; 1992-0504258; Drainage Fee Agreement/Release< . . . e . $1 5 G / 9+ \ ( - 2255 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Cit-1 ckpkr CITY OF CARLSBAD 1 1200 Carlsbad Village Drive ) Carlsbad, California 92008 ) i-i- # 1992-0504258 llhJG-1992 12:37 Pfl OFFICICIL RECORDS SAN DIE60 COUNTY RECORDER’S OFFICE MNETTE ‘:f$ COW&ECORDER RF: * : 29.01 Space above this line for Recorder's use JO-05 and 215-330-06 ), _ '(( AGREEMENT To MiY ~~~~~~~,FE~s As REQUIRED BY THE GROWTH ~A~~~~~, PR@i%%AM AND THE ADOPTED LOCAL FACILITIES ~A~~~~ PLAN FOR ZONE 6 : THIS XRE ~4s enterad'into this /4& day of&.4;LLIJ I 29% by and between Masader Investments, Ltd;, a Nevada .( ,, ,' 9 orporati~~,'h~~~inaSter referred"to a's @'Developer" vthcrkdi address 4 \W~~ Fll&., #two ,ILY-dJ\‘-. CA. 43319 . is lrd #.345 Irvm, CA 92?l5 and 'THE CITY OF CARLBmD, i?& municipal corporation of the State of Caiifornia, hereina~%%krr&$W=r ,+o'as @lCityl' whose 'address is X&0-'Carlsbad Village Dr&vet X%rlsbac%; California, 92008. , : : WITNESSETH: ,:, WHEREAS, cl&&l&p& is the owner of the real property described on Exhibit @A&:, attached hereto and made a part of this agreement, her&iii&ftor referred ta 2~s "Propertyl'; and ,, WHEREAS, The Property lfeswithin the boundaries of the City; and WHEREAS, Developer proposes a development project as v ollows: &7urkwl . construction of a +wel-~? unit condominium project on said Property, which Development carries the proposed name of Masader I and is hereinafter referred to as ltDevelopmentll; and WHEREAS, Developer filed on the 30th day of August, 1989, AGREEMENTS AG-9.frm 1 REV. 8/23/90 A6 n firm/ I- ha e- h h 2256 I with the City as a request for a planned unit development and a I tentative tract map hereinafter referred to as l'Reguestl'; and WHEREAS, on May 10, 1990 Developer entered into an agreement with the City to pay Public Facilities fees of 3.5 percent of the ~ building permit valuation. A copy of the agreement is on file with the city Clerk allb:'.ggg$g Patad by this reference* WHEREAS, De~~~~~er"~~~'C~tyi.recog~i2e the correctness of the Local Facilitia~"Managosa~~' PI&n for Zcslr? 6, on file with the City Clerk and incorporai'ted by the'reference, and that the City's drainage facilftiss'may be at d;s near capacity in the drainage sub-basin wher& this development is located, and $&a~ not be available to accommodate the additional drainage de&n& on such ,f ," ,3 facilitfes"&&services resulting from the proposed Dev&lopment; and _:' '( :: !:I;' .;/_ :, wI-&mks, (,,'.y i, ! ,- ( “:;? ;.i ', ::" said -p%&n for Zone 6 reguires that a?l;l public facilities, i&@tlding drainage, necessary to serve a development will be availdble ~'in conformance with the City's adopted performance standard' .(sisrfd Zone Plan is on file with the City Clerk and is incarpti%dted~'by this reftirence); and ", . . _ _, WHEREAS, Developer%as~&&k&% ene Ci'ty to find that drainage facilities and services will be available to meet the future needs of the Development as it is presently proposed: but the Developer is aware that the City cannot and will not be able to make any such finding without financial assistance to pay for such services and facilities: and therefore, Developer proposes to satisfy the Local Facilities Management Plan for Zone 6 by the payment of drainage fee. NOW, THEREFORE, in consideration of the recitals and the AGREEMENTS AG-9.frm 2 REV. 8/23/90 .- 2257 - covenants contained herein, the parties agree as follows: 1. That the foregoing recitals are true and correct. 2. The Developer shall pay to the City a drainage fee as required by the Local Facilities Management Plan for Zone 6 as may be detailed in said plan and incorporated by reference and as determined through the,r&#,&" '(_( -: -&&k&f Drainage Plan necessary to provide drainage f;ercfffti& in e&%formance with the City's Growth 2 ,( Management p&?for%ance s~a$%k$ard.~ Thss drainage fee shall be in addition to any fees, d@&c;i;r$iuns or improvements required pursuant to Titles- 18, 20 and 21 of the Carlsbad Municipal Code. 3.' .This"'$greement and the drainage fee paid ~ipursuant hereto'tir& re$&red to ensure the consistency of the'f5e#elopment with the'Cftly"-1~ General Plan, il. the Growth Management Prbram and the Local FaefXitias Management Plan for Zone 6, If -i&e fee is not paid a& provided herein, the City will not have the'funds to provide drainage facilgties and services, and the Development will not be consl;$"tent with the General Plan, the Growth Management Prwram or the L&cal‘Facilfties Management Plan for Zone 6 and any apptiova% or permft for the Development shall be void. No building or '~~~~~'~~~~~"~~iun permit or entitlement for use shall be issued until the drainage facilities fee is paid or this agreement is executed. 4. That Developer agrees to pay the drainage fees identified by the City Council as necessary to pay for the cost of providing the drainage improvements or facilities which are required by the Growth Management Program and the revised Master Drainage Plan, or any other provision of Chapter 21.90 of the Carlsbad Municipal Code, or any other provision of law. Payment AGREEMENTS AC-9.fra 3 REV. 8/23/90 2258” shall be due 30 days from the date the drainage fee is established. Developer hereby waives his right to challenge said drainage fees. Developer further waives any rights to pay the drainage fees referred to herein under protest and that any protest shall immediately subject the project to the provisions of Section 21.90 of the ~~~~~~~~ &fQizfpal Code, or any provision of law. '- ,( : _((, :.- '( e:.: ; -Y ,. Deu&$& ag ; .il> : ,: 5. $:T&*" &$nstru&, &" participate in : financing the oa~~tructfon"af"~~lic facilities and improvement identified' in the oitywide fa@flities and improvements plan or the LocBrlq Fac&&ies Management Plan to the extent Chat those facilit&e$# or'itiprovements are allocated to Developer's'property or pro$&k and~&re not financed by the fees referenced"hereto. 6, City'kgrees to deposit the drainage fees pafd,pursuant ., to this agkeeknt Yn' 'a drainage fund for the financing of drainage f&ciEitiss as needed in the City of Carlshad when the City Council det&tifn%S the need exists to provide the facilities and sufficient funds from thp?. gz@m@nt of this and similar fees are available. ,,_( i -: " _ . : 7. Subject to'p~~~,~~~~',~ a&&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 DeveloperIs successors, heirs, assigns and transferees. Without waiving its rights under AGREEMENTS AG-9.frm 4 REV. 8/23/90 . .( .- 225; the section, City, upon request of Developer, may allow 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 ~~,:i~~ '1; CH? may deny or revoke a Certificate of *~~~~~~~~~~~~r'~~ project or both upon 15 days ,, written not&e ~'Develo&? of ithe revocation or denial. 10. An% notice fr@m ano p&rty to the other shall be in writing, iitnd shellbe dated and'eigned by the party giving such notice o&by a,&uiy authorized representative of such part. Any such nG$$Ga shall not be effective for any purpas& &&tsoever 3' unless~"s&$Wd 'in one of the following manners: :( j 18, L w " If notice is ,given to the Ci&by i;lpersonal deliverythoreof to' the City or by depositing same in *he United States M&l, aciELZressed to the City at the address set forth herein, en&lcbsed ipf',,a sealed envelope, addrossed to the City for attention of the City Wn~$er, postage and prepared and certified. ,( ,,i: 10.2. If &&&c&q &$ 'f && '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 AGREEMENTS AG-9.frm 5 REV. 8/23/90 ‘. . , - . l . ‘* 2260 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 be binding upon and enure to the benefit of the successors, heirs, assigns and transferees of Developer and shall run with 1,: (, z4," the real property and c~~~~~'~~~, 'itable servitude upon the real ,( property. ,, '( : ,: ., '.$ )' i,,; '$ ‘) ~,(I ", ,";‘::( 13. Thik# agreement-&&J Serecorded but @hall not create a lien or soourity inter&at ~'in the Property. When the obligation& of 4Sx$S agreement h&Ve been satisfied and appropriate fee pa&k0 rsctird a release, City shall record the ,release. 14. The grevailing party in any dispute bet;weonth&parties shall be'the right to recover from the non-prevailing'p$rty all i : costs atid att&r#%ey% fees expanded in the course of s&&dispute. 15. Except: as otherwise provided herein, aI1 notices required or pkovi&d for under this agreement shaX1 be in writing and shall be delivered in person or served by certified mail postage prepaid, Delkvery bif notice to Developer shall be presumed to have b&n made on'the date of mailfng regardless of /// - -( ;'_ 0 i ,- 0 :-.,'. __)( _O( /// /// /// /// /// /// /// /// AGREEMENTS AG-9.frm 6 REV. 8/23/90 , c 2261 receipt by Developer. Notices required to be given to Developer . . shall be addressed as follows: Executed by Developer this Y of38 , -+$$+a- = 199r/2 L 2 ‘i 'i ,'z; . 6 : (0,' '( ,(, '( ' r (_B )( .',;:.;,, ,: 3: ~: ,, DEVEmPER: ( ': : '- -. 1~ CITY OF'CaWJCISBAD, a municipal corpozration of the State-of M RSfiC2E = ITw\f~%e~r3, L-l--(>, California a- /i$&@i*g&dQ~ (print nam*,'here) :, ~&5sjD&T, fl)t$&&&. 5, w-4." (title and organizatfon of signatory) : (Proper notarial acancsPler;geaxent.'oE,exe?cuti~n be attached) ,' by DEVELOPER must (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: Deputy City Attorney AGREEMENTS AG-9.frm 7 REV. 8/23/90 A personally known to me (or proved to me on the basis of satisfactory evidence) to be the 3 Secretary of the corporation that executed the within instrument, and known to me to be the persons who executed the within w instrument on behalf of the corporation therein named, and- acknowledged to me that such corporation executed the same, pursuant to its by laws, or a resolution of its Board of Directors. WITNESS my hand and official seal. X Notary signature (This area for official seal) 2263 - EXHIBIT "A" LEGAL DESCRIPTION LOTS 407 & 408 OF LA COSTA MEADOWS NO. 2 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 6905 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 12, 1972. AGREEMENTS AG-9.frm 8 REV. 8/23/90