HomeMy WebLinkAboutCT 90-23; Fieldstone/La Costa Associates; 1991-0397189; Drainage Fee Agreement/Release-
RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: j 1 CITY OF CARLSBAD 1200 Elm Avenue ; Carlsbad, California 92008 )
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Parcel No. 216-130-61
AGREEMENT TO PAY DR&E FI$ES AS REQUIRED BY THE GROWTH MANAGEME#T' #!&$I3 THE ADOPTED LOCAL FACILITIES ~AG~NT PLAN FOR ZONE 6 ,~
THIS AGREEMENT is en&&red into this CrpFG day of
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I 19 ?/ by and' behween F$sldstone/La Costa Associates
Limited Partnership a California Limited Partnership, 'hereinafter
referred to as VeveloperVV whose address is 5465 Morehoutie Drive,
Suite 250 San Diego, CA 92121 and THE CITY OF CA&&BAD, a )' ,,~,
municipal corporation of the State of California, h&&inafter :(i _$ referred la as "City- whose address is 1200 Elm AvenUQ, earlsbad,
California, 92008. ,/ WITNESSETH:
WHEREAS, Davelqmr ,is the owner cf 'the real property
described on Exhibit VIA":, at&wWd hereto and made a part of
this agreement, hereinaft& referred to as "Property"; and ,. WHEREAS, The Property' "l&s"ui%khin the boundaries of the
City: and
WHEREAS, Developer proposes a development project as
follows:
132 single family residential units on a 41 acres of said
Property, which Development carries the proposed name of the
Fairways Carlsbad Tract CT 90-23 and is hereinafter referred to
as l@Developmentll; and
AGREEMENTS AC-9.frm 1 REV. 8/23/90
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WHEREAS, Developer filed on the 11th day of July, 1990, with
the City a request for Tentative Tract Map CT 90-23, Planned
Development Permit PDP 90-23 and a Hillside Development Permit
HDP 90-29 hereinafter referred to as 11Reguest81; and
WHEREAS, on July 11, 1990 Developer entered into an
agreement with the City to pay Public Facilities fees of 3.5
percent of the building,:,l *@&Nation. A copy of the ,( IS lib, ,'(,_ (i
agreement is on fjf@ %&&&he City C&k and is incorporated by
this reference. ;
WHEREAS, Developezr&~G$ty ~~~~~~ the correotness of the
Local Facilitieh #arnagement BZan for Zone 6, on file with the
City Clerk and bncorporated by the reference, and that &e City's '( drainage facilities may be at or near capacity in the '&rainage _' (: :: sub-basfn wti&re this development is located, and 'ma@, not be
available to accommodate the additional drainage dema&':'on such
facilities and services resulting from the proposed Dev8iopmentt
and
WHEREAS,' said plan for Zone 6 reguires tha% all public
facilities, fnoluding'drz&mge, necmm&y to serve a development
will be availabzcr in confomance w%th *he City's adopted
performance standard (&&d Zone PIair 5;s on file with the City
Clerk and is incorporated by this reference): and
WHEREAS, Developer has asked the City to find that drainage
facilities and services will be available to meet the future
needs of the Development as it is presently proposed; but the
Developer is aware that the City cannot and will not be able to
make any such finding without financial assistance to pay for
such services and facilities; and therefore, Developer proposes
to satisfy the Local Facilities Management Plan for Zone 6 by the
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payment of drainage fee.
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NOW, THEREFORE, in consideration of the recitals and the
covenants contained herein, the parties agree as follows:
1. That the foregoing recitals are true and correct.
2. The Developer shall pay to the City a drainage fee as
required by the Local Facilities Management Plan for Zone 6 as
may be detailed in said p&a&,&& '%&$oxrporated by reference and as ._ _ ),,, '_". determined through the" ised Wastez! Drainage Plan necessary to
provide drainage facilitie& in confamance with *be City's Growth
Management psr'fomance ~s~tid~rd, This arafnage fee shall be in
addition to any fees, dedications or ilnprovements required
pursuant to Ti%%!&s 18, 20 and 21 of the Carl&ad Muni&al Code.
3. This agreement and the drainage fee paid$ursuant
hereto are required to ensure the consistency of the Deklopment ,, with the Cityus General Plan, the Growth Management PrkJram and
the Local FaeilLties Management Plan for Zone 6, " !, ff tW fee is
not paid “as p&m&Bed herein, the city will not ItLave th& funds to
provide drainage facilities and services, and the Development
will not be consistent with the Oe-lreral Plan, the Growth
Management Progrm or the 'Lo&l Facil&ie& Mkagement Plan for
Zone 6 and any approval @-pernit f& %ha Development shall be :
void. No building or other construction permit or entitlement
for use shall be issued until the drainage facilities fee is paid
or this agreement is executed.
4. That Developer agrees to pay the drainage fees
identified by the City Council as necessary to pay for the cost
of providing the drainage improvements or facilities which are
required by the Growth Management Program and the revised Master
Drainage Plan, or any other provision of Chapter 21.90 of the
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Carlsbad Municipal Code, or any other provision of law. Payment
shall be due 30 days from the date the drainage fee is
established. Developer hereby waives his right to challenge said
drainage fees. Developer further waives any rights to pay the
drainage fees referred to herein under protest and that any
protest shall immediately subject the project to the provisions
of Section 21.90 of the Cap% i&pal Code, or any provision ((
of law. :: I"", _I: ",;;J'$:
'i, :, i( (.( : i 3' _,
5. Devek&& agr&kV~ to construct; or participate in '(_ : financing the comtrucit=Y&&'sf publf@ kacilitiea and improvement
identified in the citywide'faci.%ities and improvements plan or
the Locar Facflities Management Plan to the extent that those : facilities or itaproveaents are allocated to Devefoper"s broperty
,( )' / or project and are not financed by the fees referencedbereto.
6. : ;I-: ,: City agrees to deposit the drainage fe:es paidpursuant ‘( 3: to this agmemknt in a drainage fund for the fina&cing of
drainage 15acflities as needed in tI'%s'City of Catlsbadwhen the
City Council&etemines the need exists to provide the facilities
and sufficient funds ire@ the payment of this atid similar fees
are available.
7. Subject to p&t 3 iC'~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 Developer's successors,
heirs, assigns and transferees. Without waiving its rights under
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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 the project or may deny or revoke a
Certificate of Occupancy %2?: or both upon 15 days a(, 0( : written notice to Detrel r of thQc r&&W&-&on or denial. ,- 0 10. Any natfce fro& one party to the &her shall be in
writing, and shall be da%&3 ancl #fgned by the party giving such
notice or by a duly authoriied representatfve of such part. Any
such notice shaE1 not be effective for any purpom whatsoever : unless served in one of the foflowPng manners: '(
10.1. If notice is given to the City by':'gersonal I_ delivery thareaf to the City or by depositing same fz+'i%@ United j.: I(
)' States Mail, address&d to the City at the address s;irt forth
herein, ehelosecl fn a se&led envelupe, addres#&d to thica'city for
attention af the City Manager, postage and prepared and
certified.
10.2. If notfoe is"given t& D&ve&aper by personal
delivery thereof to ~~~~~~ or by&bos%ting 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
of any of the remedies provided to the City pursuant to this
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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 the real property and create an equitable servitude upon the real
property.
13. This agreement ded but shall not create ': i', a lien or securkty -~M&&3t'~fn the Property. When the
obligations of this agreetint have been satisfied and appropriate
fee paid to record a reIeagie,@ City shtrlE~'record the release.
14. The prevailing pa'rty in any dispute between the parties
shall be the right to recover from the non-prevailing *arty all
costs and attorney's fees expanded in the course of @%&dispute.
IS. Except as otherwise provided herein, all. notices ,.:' * required or provided for under this agreement shall be $nVwriting
and shall be delivered in person or served by certified mail
postage prepaid. Delivery of notice to WWd~hqx&r shall be
presumed to have been made on the date of mrPfling regardless of
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AGREEMENTS AG-9.frm 6 REV. a/23/90
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receipt by Developer. Notices required to be given to Developer
~ shall be addressed as follows:
Fieldstone/La Costa Associates L.P. 5465 Morehouse Drive, Suite 250 San Diego, CA 92121
1941 Executed by Developer this so! day of .
DEVELOPER: _ ; : :: .: )( QE!$X OF CARLSBAD, a municipal : .
Fieldstone/La Costa Aa&@#ites 'qcrporation of the State of CkLiBt3rni~ Limited Part
By: The Fieldstone Company A Californfa CWporation
,:
:', ; '3 1 ,3" _ ()( (print -me heE*) 73, 0 ,, &bwfstan~:~tarv. :i '(,.
tion of signatory)
Mike Stew ,, (print name here)
Assistant ,_ (title and organizaticn o& sfgnatory)
(Proper notarial acknowI~~~~~~t~'~~.'~xecution by DEVELOPER must be attached)
(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 Attbrney
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COUNN OF
On 3D4
sald State, personally appeared
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below me, the underslgned, a Notary Public in and lor
. \m ~n&!w~ end
, personally known lo me (or proved to me on Ihe
e within instrument as
Secretary. on behall
Ihe corporation lherein named, and acknowledged lo me lhat
such cofporalion executed lhe wilhin instrument pursuent toits
by-laws or a resolulion of its board of directors.
WT~ESS my hand and otficial seal.
Sipnatur; tid*&-GAz (This area for ofticial notarial seal)
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EXHIBIT "A" LEGAL DESCRIPTION
PARCEL 2 OF PARCEL MAP 11722, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER ON OCTOBER 9, 1981, AS FILE NO. 81-322184 OF OFFICIAL RECORDS.
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