HomeMy WebLinkAboutMS 799; Bence, John and Margaret; 90-215147; Drainage Fee Agreement/ReleaseRECORDING REQU&r'ED BY AND ) WHEN RECORDED MAIL TO: i~6 7 4 i ~jgx.j~>t- ;r, - ~1,,,_c~‘Ff&?2[.. F;F':'j'!.- ~-* f . ..a && pF~d~~ ;;-;$:,i~g-t- 1 . __i _I.i. .z t&n f
CITY OF CARLSBAD 1200 Elm Avenue 9ORPR 20 k#l~ SD Carlsbad, California 92008 1 ‘XRA lr L&f Space above this 1 ine f~&~dQ~d$-*‘~~
Parcel No. ,21530041. 02
AGREEMENT TO PAY DRAINAGE FEES AS REQUIRED BY THE
GROWTH MANAGEMENT PROGRAM AND THE ADOPTED LOCAL FACILITIES ~GEME~ PLAN FOR ZONE - 6
THIS AGREEMENT is entered into this *zofi day of /%!#?w/, 19%
by and 'between John Bence and Margaret Bence, Husband and wife as joint
tenants, Louts Bikadi and Kathy Bikadi, husband and wife as joint tenants,
Gabor T&h and Darlene Toth husband and wife as joint tenants, hereinafter
referred to‘as "Developer" whose address is 2702 Luciernaga Strbet Carlsbad,
CA 92009 and THE CITY OF CARLSBAD, a municipal corporation of the State of
California, hereinafter referred to as "City" whose address is 1200 Elm
Avenue, Carl&ad, Ca'i-ifomia, 92008.
WITNESSETH:
WHEREAS, Developer is the owner of the real property described on
Exhibit "A":, 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 four unit condominium, on said Property, which Development carries the
proposed name of Minor Subdivision No. 799 and is hereinafter referred to as
"Development"; and
WHEREAS, Developer filed on the 17th day of March, 1989, with the City
AGREEMENTS AG-8.FRII -1 -
- 1675 - as a request tar final a tentative parcel map nereinafter referred to as
"Request"; and
WHEREAS, On March 16th, 1989 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 recognize the correctness of the Local
Facilities Management Plan for Zone 6, 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 may not be available to accommodate the additional need for such
facilities and services resulting from the proposed Development; and
WHEREAS, said plan for Zone 6 requires that at1 public facilities,
including drainage, necessary to serve a development will be avail able 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 6 by the payment of drainage
fee.
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
plan and incorporated by reference and as determined through the revised
AGREEMENTS AG-8.FRM -2 -
Master Drainage rlan necessary to provide drainage facilities in conformance
with the City's Growth Management performance standard. This drainage fee
shall be in addition to any fees, dedications or improvements required
pursuant to Titles 18, 20 and 21 of the Carlsbad 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 6. If the fee is not paSd as provtded 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 6 and any approval or permit
for the Deve'lopment 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. ThatDeveloper agrees to pay the drainage fees ident94led by the
City Council 'as necessary to pay for the cost of providing the drainage
improvements or factlities which are required by the Growth Management Program
and the Local Facilities Management Plan for Zone 6, 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 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 to construct, or participate in financing the
construction of public facilities and improvement identified in the citywide
facilities and improvements plan or the Local Facilities Management Plan to
the extent that those facilities or improvements are allocated to Developer's
AGREEMENTS AG-8.FRH -3 -
I - lim -
property or project and are not financed by the tees 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 Carl sbad 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 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
DevelopePs successors, heirs, assigns and transferees. Without waiving its
rights 'under the section, City, upon request of Developer, niay allow
additional d0 ta 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 one 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
AGREEMENTS AG-8.FRM -4 -
h 1678- 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.
,' (( 12. Thisagreement and the covenants contained herein shallbe binding
upon and etiure ta the benefit of the successors, heirs, al;$igns and
transfer&k oP D&eloper and shall run with the real property an&create an
equitablIS~&&ittide uponthe real property.
13. This agreement shall be recorded but shall not create a lien or
security interest in the Property. When the obligations of this agreement
have been satisfied and appropriate fee paid to record a release, City shall
record the release.
14. The prevailing party in any dispute between the parties shall be
the right to recover from the non-prevailing party all costs and attorney's
fees expanded in the course of such dispute.
15. Except as otherwise provided herein, all notices required or
provided for under this agreement shall be in writing and shall be delivered
in person or served by certified mail postage prepaid. Delivery of notice to
Developer shall be presumed to have been made on the date of mailing
regardless of receipt by Developer. Notices required to be given to Developer
shall be addressed as follows:
AGREEMENTS AG-8.FRM -5 -
2702 Luciernaga Street Carlsbad, CA 92009
IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of date first written above.
. . .
II DEVELOIER-OWNER CITY.OF_wLSBAD a municipal corpo
/lG@l%&ar8t BenEe
B&W
Darlene Toth
ATTEST:
APPROVED AT TO FORM:
VINCENT F. BIONDO. JR.
'ration
. . /I City Attorney '
(Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached)
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-
STATE OF CALIF
(m) or (proved to me$e basis of
satisfactory evidence) to be the person whose
name ribed to the within instrument and
acknowledz r& A executed the same.
SIGNATUR
SAW193 mol --
INDIVIDUAL ACK)IN)WLLDQYENT
OFFICIAL SEAL
ALlSA D. POLLOCK
NOTARY PUBLIC CALIFORNIA
PRINCIPAL OFFICE IN
SAN DIEGO COUNTY
’ Commwon Exp. September 17.1993
~HomeFedEiank
State of CALmRNIA
SAN DIEGO > ss.
County of
**mm*+****************************
t OFFICIAL SEAL :
t GISELA HAUSER
r
;
NOTARY PUBLIC-CALIFORNIA +
i NOTARY BGND FILED iN
SAN DIECG COUNTY
f
t My Commission Expires fuly 23. 1993 :
t*.~***~,****+******************~*** f
On this the 20thday of
Gisela Hauser
March I@?, before me,
the undersigned Notary Public, personally appeared John Bence, Louis Bikadi, Kathy Bikadi, C&or Toth, Dar1eneTbt.h
q personally known to me
a proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) are subscribed to the
within instrument, and acknowledged that thev executed it.
WITNESS my hand and offi I seal.
& chuv.c
Notary’s Signature y
ATTENTION NOTARY: Although the informatlon requested below is OPTIONAL, it could prevent fraudulent attachment of th!s certificate to another document.
THIS CERTlFlCATE
MUST BE ATTACHED
TO THE DOCUMENT
DESCRIBED AT RIGHT:
Title or Type of Document Agr-t to pay ,Drainage Fee
Number of Pages 7 Date of Document 3-20-90
Signer(s) Other Than Named Above Margaret Bence
7100-109 Q NATIONAL NOTARY ASSOClAllON. 8236 Remmet Ave.. PO. Box 7184. Cancqa Park. CA 91304.
EXHIBIT "A" LEGAL DESCRIPTION
“1681
All of Lots 194 and 195 of La Costa Meadows Unit No. 1, in the City of Carlsbad, in the County of San Diego, State of California, according to map thereof No. 6800, filed in the Office of the County Recorder of San Diego County on December 9, 1970, and as adjusted per certificates of compliance recorded August 7, 1984 as File No. 84-299678 and File No. 84-299679 all of
official records.
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