HomeMy WebLinkAboutMS 763; White, Richard & Sharon; 90-000000; Drainage Fee Agreement/ReleaseI -
RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO:
; CITY OF CARLSBAD 1200 Elm Avenue ; Carlsbad, California 92008 )
Space above this line for Recorder's use
Parcel No. 207-022-05
AGREEMENT TO PAY DRAINAGE FEES AS REQUIRED BY THE
THIS AGRE (0 .' ,'. c 3, ,.T ,'( ,, ,1* ,, Jai I 19 ($$f'~&$~;' a&j b~~~~~~ ~~~~~~~~ ~:y,$; #hit&' @ad Sharon Lee ,' (', _(',,(', (_' :,.;r
White, I ,, ,-' he&knaf%@$ referredl &as'%?evelo];rer" 'who$$ address is c I‘ L'3(' ,: 4157 Pa& Drive'k&lsbad, ',; CA 92'OciS and THE 'CITY ?$%&RLSBAD, a (.!‘ ,,'
municip& carp&ration of the '&ate of CC'lif&kia, ,;$'&iinafter
, ,,," referrti to as r*Citytl whose address is 1200 Elm Avenuec"&rlsbad,
Califor&a, 93008. ,, :
WITNESSETH:
WHEREAS, Developer is the own& of the real property
described on Exhibit **AIt:, attached heretw, and made a part of
this agreement, hereinafter referred to $S nPropGrkytt; and
WHEREAS, The Property lies Withsh the boundaries of the
City: and ,, " ,'( I' ,,( (' I‘ ')( .' ,' WHEREAS, Developer prop&s& 'a development project as
follows:
divison of one residential parcel into three residential parcels
on said Property, which Development carries the proposed name of
Minor Subdivision No. 763 and is hereinafter referred to as
'lDevelopmenttl; and
WHEREAS, Developer filed on the 22nd day of January, 1988,
AGREEMENTS AC-9.frm 1 REV. 6/11/90
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with the City as a request for subdivsion of one residential
parcel into three residential parcels hereinafter referred to as
lBReguestlV; and
WHEREAS, On 29th day of December of 1987 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 recagnizethe correctness of the
Local Facilities Management Plan for Zone 7, 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 development is located, and nay not be
available to accommodate the additional drainage demands on such
facilities and services resulting from the proposed Development;
and
WHEREAS, said plan for Zone 7 requires that all 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 7 by the
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 7 as
may be detailed in said plan and incorporated by reference and as
determined through the revised Master Drainage Plan necessary to
provide drainage faci&
Management perf~a c
addition to,&\
pursua
3
hereto
Y’S Growth
fee shall be in
nts required
ipal Code.
e Growth
t Plan for
or entitlement
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
AGREEMENTS AG-9.frm 3 REV. 6/11/90
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shall be due 30 days for 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 Carlsbad Municipal Code, or any provision
of law.
5. Developer agrees ta construct, or participate in
financing the construction of public facflities and improvement
identified in the citywide facilities and improvements plan or
the Local Facflities 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 his 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 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
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
AGREEMENTS AG-9.frm 4 REV. 6/11/90
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 for the project or both upon 15 days
written notice to Developer of the revocation or denial.
10. Any notice from am party to the other shall be in
writing, and shall be dated and signed by the party giving such
notice or by a duly authorized representative of such part. Any
such notice shall not be effective for any 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 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
agreement, regardless of the nature of the loss or damage.
AGREEMENTS AC-9.frm 5 REV. 6/11/90
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
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 agreementhavsbsen 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 recover from the non-prevailing party all
costs and attorney?s 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 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
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receipt by Developer. Notices required to be given to Developer
shall be addressed as follows:
4157 Park Drive
Carlsbad, CA 92008
Executed by Developer this \.9* day of A- ,
19%Q .
DEVELOPER CITY OF CARLSBAD a municipal carporation of the State of
CaLifomia
for City Banager
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
STATE OF California
COUNTY OF <ian rji dnl~> ss. Richard V.J. White and
On this 19th dayof June 19%!-, befoie me personally appeared Sharon Lee Wh i te personally known to me or proved to me dn the basis of satisfactory evidence to be the person whose name is subscribed
to this instrument, and acknowledged to me that __ t heY executed the same.
APPROVED AS TO FORM:
VINCENT F. BIONDO, JR. City Attorney
By:
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EXHIBIT "A" LEGAL DESCRIPTION
PARCEL "A" OF CERTIFICATE OF COMPLIANCE FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 17, 1989, AS FILE/PAGE NO. 89-022220, ALSO BEING A PORTION OF LOT 14 IN BLOCK "G" OF BELLA VISTA ACCORDING TO MAP THEREOF NO. 2152, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 7, 1929, AND A PORTION OF LOT 4 OF CARLSBAD TRACT NO. 80-14
ACCORDING TO MAP THEREOF NO. 10890, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 30, 1984, ALL IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGC, STATE OF CALIFORNIA.
AGREEMENTS AG-9.frm REV. 6/11/90