Loading...
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)