HomeMy WebLinkAboutCT 89-31; Masader Investments Ltd; 1992-0504257; Drainage Fee Agreement/Release_( - , -
* - . 1 . 2246 7c # 19924504257 * RECORDING REQUESTED BY AND ) li-fiuG-1992 12x37 PM
WHEN RECORDED MAIL TO: C;+ Clef k CI d! OF CARLSBAD 1 1200 Carlsbad Village Drive ) Carlsbad, California 92008 )
OFFICIAl RECORDS SM DIE60 COUNTY RECORDER’S OFFICE ANNETTE ‘H’1”;; COUtW&ECORDER RF: : 29.00
AFI li.00 . . .
Space above this lina'for R&!!!kder's use
Parcel No. 215-330-03
AGREEMENT TO PAY D~~~~~~,~~E~ AS REQUIRED BY THE GROWTH MANAGEMENT PROGRAM AND THE ADOPTED LOCAL FACILITIES MANAGEMENT PLAN FOR ZONE 6
THIS AGREEMENT is enterer'li into this (-f-L day of
I 19% by and between Masader Investments, Ltd*, a Nevada
Corporation, hereinafter referred to as "Developers whose address \?P)-s;r;, qr\rcj& ) # \Lto I xR\lru=, e R.-a?\+ . is l*rr? ! and THE CITY
OF CARLSBAD, a municipal corporation of the State of Calffornia,
hereinafter referred to as "City" whose address is 120Q $arlsbad
Village 'Drive, Carl&ad, California, 92008. .
WITNESSETH:
WHERE=, Developer is the owner of the real property
described on Exhib;it '"A":, attached hereto and wide a part of
this agreement, hereinafter referred to as "Propertyll; and
WHEREAS, The PXo$$Crty lies within the boundaries of the
City: and
WHEREAS, Developer proposes a development project as
follows:
construction of a six unit condominium project on said Property,
which Development carries the proposed name of Masader II and is
hereinafter referred to as "Developmentll; and
WHEREAS, Developer filed on the 30th day of August, 1989,
with the City as a request for a planned unit development and a
AGREEMENTS AG-9.frm 1 REV. E/23/90
h 2247-
tentative tract map hereinafter referred to as f1Reguest@'; 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 and is incorporated by this reference.
WHEREAS, Developer and City recognizethe correctness of the
Local Facilities Manageme#t Bli;an, for Zone 6, 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 developmez& is located, and may not be
available to accommodate the additional drainage demands on such
facilities and services resulting from the proposed Development;
and : zi
W&REAS, said plan for Zone 6 requires %het a%$ public
facilities, including drainage, necessary to serve a d&&opment
will be available &n 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 fin& that drainage
facilities and sertfices will be available to meet the future
needs of the Developmetit‘ets ft 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
covenants contained herein, the parties agree as follows:
1. That the foregoing recitals are true and correct.
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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 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, ~~~~~~~~~~~ or improvements required
pursuant to Titles 18, "20 'Kurd 2ii: of the Carlsbad Municipal Code.
3. This agreement' and thr; drainage fee paid pursuant
hereto are required ta en&We th;e consistency of the Development
with the City's General Plan, th&Growth Management Program and
the Loc$f Facf'Lities Management Plan for Zone 6. Xf the fee is
not paid 1~1s provided herein, the City will not have'th;ePunds to )Y provido'hra'inage facilities and services, and the D&kopment
will nut be consistent with the General Plan,+ itrhk Growth
Management Program ot the Local Facilities Management Plan for
Zone 6 and any approval or permit for the Development shall be
void. No building or other construction permit or entitlement
for use shall be issued until the drainage facilities fee is paid
or this agreement is executed,
4. That Develop& &&&es gu pay the drainage fees
identified by the City Council as necessary to pay for the cost
of providing the drainage improvements or facilities which are
required by the Growth Management Program and the revised Master
Drainage Plan, or any other provision of Chapter 21.90 of the
Carlsbad Municipal Code, or any other provision of law. Payment
shall be due 30 days from the date the drainage fee is
established. Developer hereby waives his right to challenge said
drainage fees. Developer further waives any rights to pay the
AGREEMENTS AC-9.frm 3 REV. 8/23/90
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*” 224A
drainage fees referred to herein under protest and that any
protest shall immediately subject the project to the provisions
of Section 21.90 of the Carlsbad Municipal Code, or any provision
of law.
5. Developer agrees to construct, or participate in
financing the construction of public facilities and improvement
identified in the city&$e~f&f~fties and improvements plan or
the Local Facilities' Mank$ement Plan to the extent that those
facilities or improvement& are allocated to Developer's property
or project and are not fin~ncect by the fees referenced hereto.
6. CSty agrees to deposit: the drainage fees paid pursuant
to this agreement in a drainage fund for the financing of
drainage facilities as needed in the City of carlsbtid 'when the
City Council d&ermines the need exists to provide the fkzilities
and sufflitiient funds from the payment of this an$'si&lar fees
are avail&bliss.
7. Subjeckto 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 even&' khat' t&k payment required by this
agreement is not made when due the City may pursue any remedy,
legal or eguitable (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.
9. In addition to the other remedies available to the
City, it is hereby agreed that if Developer does not pay the
AGREEMENTS AC-9.frm 4 REV. 8/23/90
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 authair~d~'.~~~~~se~tative of such part. Any
such notice shall n&be effective for any purpose whatsoever
unless served,fR one of the fol3lowing 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 tie‘City for
attention '+of the City Manager, postage and prep&red and
certif&d,, 1,; ~, /
10.2. If notice is given to Developer by personal
delivery thSreof to Developer or by depositing the sa,me in the
United States Nail., enclosed in a sealed envelope, addressed to
Developer at the address ae'2ndfcated in this agreement or at
another place as desighated to the City by the Developer in
writing, postage prepaid a&d'mm%WXed.
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
be binding upon and enure to the benefit of the successors,
heirs, assigns and transferees of Developer and shall run with
AGREEMENTS AG-9.frm 5 REV. 8/23/90
. . ’ - 221”
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. (_i '~ 14. The prevailing&&&$&:'any dispute between the parties
shall be the right ta; reW!wer Bxm the non-prevailing party all
costs and attorrreyls 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 shaZ.1 be delivered in person or served by cerkified mail
postage prepaid. Delivery of notice to Developer &hall be
presumed to ha+ been made on the date of mailing regar&ess of
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AGREEMENTS AG-9.frm 6 REV. 8/23/90
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receipt by Developer. Notices required to be given to Developer
shall be addressed as follows:
MflfpDEP
177$30 f=*‘!-cx gAz(Q ?zj (4 0
.LtKVrJP , c&d. 9 r7cq
Executed by Developer day of.-,
19cr% .
DEVELOPER:
(,: ‘,: ,.
:‘.
(o “i
‘,,,‘Y~, ,(^’
i( _ “, i ,( CIT% Q'F CARLSBAD, a municipal corporation of the State of California
M ~f%!?F&B&:. flk 8flt? (print name here)
(sign he3ltle)
ZR ,pq&q~/#i
(print name her&)
%&5/DEnni-- Awg$&G/;t Z~V~?mens/~L (title and arganizatioh of signatory)
(Proper notarial acknowledgement of execution by DEVELOPER must be attached)
(President or vice-presid@ntdi?fd siidwtary 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 Ci6$ Attorney
AGREEMENTS AC-9.frm REV. 8/23/90
193$2, before me, the undersigned,
President, and
personally known to me (or proved to me on the basis of satisfactory evidence) to be the
Secretary of the corporation that executed the within instrument,
and known to me to be the persons who executed the within
instrument on behalf of the corporation therein named, and
acknowledged to me that such corporation executed the same,
pursuant to its by laws, or a resolution of its Board of Directors.
WITNESS my hand and official seal.
.. ---._ ._..._ ,__ . w Notary signature (This area for offic%l~
2254
EXHIBIT "A" LEGAL DESCRIPTION
LOT 410 OF LA COSTA MEADOWS NO. 2 IN THE CITY OF CARLSBAD
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THi MAP
THEREOF NO. 6905 FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY, APRIL 12, 1972.
LOT 410 OF LA COSTA MEADOWS NO. 2 IN THE CITY OF CARLSBAD
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THi MAP
THEREOF NO. 6905 FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY, APRIL 12, 1972. -",C', ~,a' .<:*: :,$'i : ,y~ ,j (,' i Y',, ,b,;- _, ,' __::
,.- :(:' :" ; ",~,:;,' _(i 3' _, )( ii ('i i( -( ', ; j-, ," :~ (,'I 0 . ,::;:, :; .!( (,(lil_ ,.
') in : ', ,( .'> ;. _'
AGREEMENTS AG-9.frm 8