HomeMy WebLinkAboutMS 531; Glen Cliff Development Company; 1992-0282519; Drainage Fee Agreement/Release-
RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: 1
CITY OF CARLSBAD i 1200 Carlsbad Village Drive ) Carlsbad, California 92008 )
Space above this line for Recorder's use
GROWTHM&NAG~ENTPRffiR&MANDTHE ADUPTED LOCAL MT PLAN FOR ZONE 1
is entered fnM this
0
w I 59152 by and between Glen Cliff Development Company, a
California Corporation, here'fne\'ftW referred to as %&eloperl@
whose e%!h&m is 12760 High Bluff Drive, Suite 340, San Diego, CA
92130 ati THE 'CITY OF CARLSBAD, a municipal corporatiidn of the
State of California, hereinafter referred to as rCit~ll whose ',(
address 2s 1200 Carl&ad Village Drive, Carlsbad, California,
92008. o ‘: 0
WITNESSETH: ,o
WHEREAS, Develkpei Ss '*he owner of the real property
described as parcel 1 of PM 12687, in the City of Carlsbad,
County of San Diego, State of California, filed in the office of
the County Recorder of San Diego County, May 5, 1983, hereinafter
referred to as tlPropertyll; and
WHEREAS, The Property lies within the boundaries of the
City: and
WHEREAS, Developer proposes a development project as
follows:
Three (3) unit residential condominium development on said
Property, which Development carries the proposed name of Shelter
AGREEMENTS AG-9.fr-m 1 REV. a/23/90
f 1”:
Cove Condominium CP 155, MS 531 and is hereinafter referred to as
@@Development"; and
~ WHEREAS, Developer filed on the 17 day of March, 1981, with
the City as a request for Tentative Parcel Map hereinafter
referred to as llReguestll; and (,(i ,~.';;,,~','z WHEREAS, on Januaw :; .T&i4z (;" k L. i' Developer entered into an
agreement with the C&~W gay Public Facilities fees of 3.5
percent of the building "jWrm&t valuation. A copy of the
agreement fs bn file with the'@i'ty Clerk and is incorporated by
this referraance. 1
WH AS;"D&eloper and City recognize the correctne$s of the
Local Faaflities Management Plan for Zone 1, on fix@, With the
City Clerk ar@incorporated by the reference, and that th& City's
drainage fWilities may be at or near capacity irr thud 'irlrainage
sub-basin w&or%4 this development is located, and m&$ not be
available to aocommodate the additional drainages dsmanrl's on such
facilities and services resulting from the proposed Development;
and i i,
WHEREAS, said plan for zone 1 rquires that all public
facilities, including d&&~&6&; htiessary 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
AGREEMENTS AG-9.frm 2 REV. 8/23/90
f-
- 153
such services and facilities; and therefore, Developer proposes
to satisfy the Local Facilities Management Plan for Zone 1 by the
payment of drainage fee.
NOW, THEREFORE, in consideration of the recitals and the
covenants contained herein, the parties agree as follows: 0 J,.,~ 1. That the for are true and correct.
2. The Dev#kloper sk&.l~pay to the C%ty a drainage fee as
required by thi L-al Faci$kties ,Managemlent Rkan for Zone 1 as
may be detailed'in said p&&~nd'&ncorporated by reference and as
determine;?d throtiigtt the revised Mz#Bter Drainage Plan necessary to
provide drainage facilities in conformance with the City's Growth
Managemen+& perParmance standard. This drainage fee shall be in
addition ??a any fees, dedications or improvements required
pursuant to 'Titles 18, 20 and 21 of the Carlsbad Municipal Code.
3 ." Thiis agr nt and the drainage fee 'pa&b &pursuant
hereto are rkqufred to ansure the consistency of the Development
with the Citycs C&&&l Plan, the Growth Management Program and
the Local Faoilities'Mah~g t PXan for Zone 1, If the fee is
not paid as providedhe9?eia, the City will nut have the funds to
provide drainage facili~ieza"'dnd':$ervices, 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
AGREEMENTS AG-9.frm 3 REV. 8/23/90
f - 154
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 ~~~~~~~~~~*~ hfs right to challenge said
drainage fees. ~v~~~~~~~'~~~~ waives any rights to pay the
drainage feel"k&erred t& herein under prutest and that any
protest shall i tk project ta the provisions
of SectionZI.90 of‘the CarlsbadMunicipal Code, or any provision
of law. "
5,' De&&per agrees to c?onstruct, or part%&~ate in
financing the '&onstruction of public facilities and improvement
identified in the citywide faoilities and improvements plan or
the Local Fa-cfJities' Management Plan to the sxten&‘th&%t those
facilities or bprovements are allocated to Developer's property )i or project ancl ar&Wt financed by the fees referenced hereto.
6. City agrees'to'dep&sit the drainage fees paid pursuant
to this agreement %n a drainage fund for the financing of
drainage facilities as"nk& 0 : inkbe Cfty 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 21to the extent
such permit comply with applicable provisions of law.
8. In the event that the payment required by this
AGREEMENTS AG-9.frm 4 REV. 8/23/90
h 155
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
9. In addftboti 'to"'tie~'o$her remedies available to the
City, it is hereby agre &at Iif Developer &es not pay the
drainage feesspecifie6 by this agreement the City may revoke the
building .permit fur the pr@je& or may deny or revoke a
CertifiCdte oP3ecupancy for the project or both u@& 15 days
written XzUtice to Developer of the revocation or den&a&,
10': 3' ;: Any notice from one party to the other 'shaX1 be in
writing,'and shall be dated and signed by the party giving such
notice or by a duly aut&orized representative o% such 'p&rt. Any
such notice shall not be effective for any purpose whatsoever
unless serve& inane of the following mannlers:
10.1. If no'eiue~ fs gfven to the City by personal
delivery thereof to the City or by depositing same in the United
States Mail, addressed 4% 4%~ Ci%y, at the address set forth
herein, enclosed in a sealed envelope, addressed to the City for
attention of the City Manager, postage and prepared and
certified.
10.2. If notice is' given to Developer by personal
delivery thereof to Developer or by depositing the same in the
United States Mail, enclosed in a sealed envelope, addressed to
Developer at the address as indicated in this agreement or at
another place as designated to the City by the Developer in
AGREEMENTS AG-9.frm 5 REV. a/23/90
-
writing, postage prepaid and certified.
11. The City shall not, nor shall any officer, employee of
the City, be liable or responsible for any loss or damage
happening or occurring to Developer's building for the exercise
of any of the remedies provided to the City pursuant to this (,( agreement, regardless ,sF ;:::-, i( ::, ,!;,: ;: ~~'~~~~~~ of Bhe loss or damage.
12. t'sn$jt:e covenants r;rontained herein shall
be binding up&% and e&&k %o 'kbe benefrit of t&e successors,
heirs, assigns &nd transeerees'oolf Developer and shall run with
the real prcpert~ and create an bguitable servitude upon the real
proper++ i
13. This'agreement shall be recorded but shial'f: R&z create
a lien or security interest in the Property. %-' @hen the
obligations oFthis agreement have been satisfied and &p$‘kopriate
fee paid to Mord a reXease, City shall+ record the'rekease.
14. The prevailing party in any dispute between the parties
shall be the rightG'tto recover from the non-prevailing party all
costs and attorney's f&s expanded in the courm of such dispute.
15. Except as ath&wi@e provided herein, all notices
required or provided for ~~~~~~~~~ sagreement shall be in writing
and shall be delivered in person or served by certified mail
postage prepaid. Delivery of notice to Developer shall be
presumed to have been made on the date of mailing regardless of
/I/
///
///
///
///
AGREEMENTS AG-9.frm 6 REV. 8/23/90
157
receipt by Developer. Notices required to be given to Developer
shall be addressed as follows:
Christian Scott Purse11 12760 High Bluff Drive, Suite 340 San Diego, CA 92130
& Executed by Developer this in of day 1992. ,- '. '3~ i', ,,,,..' DEVELOPER: " CT* OF CARLSBAD, a municipal carporation of the State of Glenn Cliff De~elopmnt Company, A California California
Christi&&,,&otb'..Pursell (print n%me here)
Jeannie F%#$&&,Pursell (print n - ,,~~~~)
Secretarv, aw'Dev. Co. (title and organizatiun of signatory)
(Proper notarial acknowledgemint of execution by DEVELOPER must be attached)
(President or vice-pres9~~~t,~~'~~~%~%~~ 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: L fl ti Deputy City Attorney
AGREEMENTS AC-9.frm 7 REV. a/23/90
STATE OF CALIFORNIA COUNTY OF San Deigo jss, 158
P) E On April 10, 1992 l- , before me, the undersigned, a Notary Public in and for
E said State, personally appeared CHRISTIAN SCOTT PURSELL and .u G JEANNIE PARDEE PURSELL
I% .
, personally known to me (me
tj 5 p) to be the persons who executed the within instrument as
a; President an-Secretary, on behalf of GLENCLIFF
=v .o n, nEVELOPMENT COMPANY l----e 3: gc the corporation therein named, and acknowledged to me that
I
0 ._. .
.G z sucl’corporation executed thewithin instrument pursuantto its g.5 I by-laws or a resolution of its board of directors.
57 s! W1TflES.S my hand and official seal. f- /
FFICIAL SEAL
MARGWRITE ,E HEATH NOTARY PUBLIC - CALIFORNIA i! \ SM D#O COUNTY I.
(This area for official notarial seal)