Loading...
HomeMy WebLinkAboutCT 90-2; St. Tropez West; 1991-0577941; Drainage Fee Agreement/ReleaseI . /4 1952 RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, California 92008 ) Space above this linentfor Red&der@s use Parcel No. 203-234-01 and 02 AGREEMENT TO PAY DRAINAGE FEES AS REQUIRED BY THE GROWTH MANAGEMENT PROGRAM AND THE ADOPTED LOCAL FACILITIES MANAGEMENT PLAN FOR ZONE 1 II I THIS AGREEMENT is entered into this ,?!a -i& day of t&&r, 19 91 by and between St. Tropez West a General Partnership, hereinafter referred to as llDeveloper" whose address is 2910 Jefferson Street #282 Carlsbad, CA 92008 and THE CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City'l whose address is '1200 Elm Avenue, Carlsbad, California, 92008. WITNESSETH: WHEREAS, Developer is the owner of the real property described on Exhibit @All:, 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: a six unit condominium project on said Property, which Development carries the proposed name of St. Tropez West and is hereinafter referred to as NDevelopmentl'; and WHEREAS, Developer filed on the 1st day of March, 1990, with the City as a request for a six (6) unit condominium project AGREEMENTS AG-9.frm 1 REV. S/23/90 hereinafter referred to as "Request@'; and WHEREAS, On March 28, 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 C%ty recognizethe correctness of the Local Facilities Management Plan for Zone 1, on file with the City Clerk and fncorporateU 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 wlZl?REAS, said plan for Zone 1 requires that aliE 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 lby the payment of drainage fee. NOW, THEREFORE, in consideration of the recitals and the covenants contained herein, the parties agree as follows: AGREEMENTS AC-9.frm 2 REV. a/23/90 . . m 1954 - 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 stamlard. This drainage fee shall be in addition to any fees, deUications or improvements required pursuant to Tftfles 18, 20 and 21 of the Carlebad 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 established. Developer hereby waives his right to challenge said AGREEMENTS AG-9.frm 3 REV. 8/23/9G /4 ., . . 1955 h 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 Facglities 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 fkilities 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 developmentp&mits pursuant to the provisions of the Carlsbad Eaunicipal 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. 9. In addition to the other remedies available to the AGREEMENTS AG-9.frm 4 REV. a/23/90 ,- 1956 - 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 aind signed by the party giving such notice or by a duly authorised representative of such part. Any such notice shall not bs'effective for Etny 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 Mall, enclosed in a sealed envelope, addressed to Developer at the address as indfcated 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 contained herein shall be binding upon and enure to the benefit of the successors, AGREEMENTS AG-9.frm 5 REV. 8/23/90 . . c ’ 1957 -\ 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 re6ov&I: fruB the non-prevailing party all costs and attorney's fees expanded in the course of such dispute. 15. Except as otherwise provided herein, aZ1 notices required or prkvided 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 /// /// //I /// /// /// /// /// AGREEMENTS AG-9.frm 6 REV. 8/23/90 r” . . . II’ -’ 1958 receipt by Developer. Notices required to be given to Developer shall be addressed as follows: St. Tropez West P.O. Box 142 Carlsbad, CA 92018 Executed by Developer this 30th day of August I 19 91 . DEVELOPER: St. Tropez West, A General CITY OF CARLSBAD, a municipal corporation of the State of California Charles F.Rowe (print name here) for City Manager J. N. V&&I- (print name her&) General- (title and organization of signatory) (Proper notarial acknowledgement of execution by DEVELOPER must be attached) (President or vice-preside&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 - - ILL-PURPOSL ACKNOWLBDdMINT State of CALlIEQI?NIA County of SAN DIE0 > before me, Gisela &ma ----------- , NAME, TITLE OF OFFICER. E.G., ‘JANE DOE, NOTARY PUBLIC 1959 Charles F. RcxlJe and J. M. Vigil -------- NAME(S) OF SIGNER(S) m personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) &are subscribed to the within instrument and ac- On 8-30-1991 DATE personally appeared ~%*%%%k***%%kk%k%+%k**************+* OFFICIAL SEAL r GISELA HAUSER i NOTARY PUBLIC--CALIFORNIA NOTARY BONC FILED IN 2 SAN DIEGO COL’NTY $ CAPACITY CLAIMED BY SIGNER 0 INDIVIDUAL(S) 0 CORPORATE OFFICER(S) TITLE(S) a PARTNER(S) q ATTORNEY-IN-FACT 0 TRUSTEE(S) 0 SUBSCRIBING WITNESS 0 GUARDIAN/CONSERVATOR t My Commission Expires July 23. 1993 k $ *++**+k*++*kktkkkk8+************++** knowledged to me that heJeh@they executed 0 OTHER: the same in M/their authorized capacity(ies), and that by hi&her/their signature(s) on the instrument the person(s), orthe entity upon behalf of which the person(s) SIGNER IS REPRESENTING: acted, executed the instrument. NAME OF PERSON(S) OR ENTITY(IES) Witness my hand and official seal. St. Tropez West, a General Partnership SIGNATURE OF NOTARY AlTENTlON NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document. THIS CERTiFlCATE Title or Type of Document Drainage Fee Agreement MUST BE ATTACHED TO THE DOCUMENT Number of Pages 8 Date of Document 8-30-1991 DESCRIBED AT RIGHT: Signer(s) Other Than Named Above City Attorney, City Manager 8 1991 NATIONAL NOTARY ASSOCIATION - 6236 Remmet Ave. - P.O. Box 7164 * Canoga Park, CA 91304-71 EXHIBIT "A" LEGAL DESCRIPTION 1960 LOT 1 OF BLOCK "B" OF THE HAYS LAND COMPANY ADDITION, IN THE __--- ~~ CITY OF CARLSBAD, ( ACCORD11 30UNTY OF SAN DIEGO, STATE OF CALIFORNIA, cc NG TO MAP THEREOF NO. 1221, FILED IN THE OFFICE OF THE KJNTY RECORDER OF SAN DIEGO COUNTY, NOVEX'IBER 4, 1909. AGREEMENTS AC-9.frm 8 8/23/90