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HomeMy WebLinkAboutMS 814; Brandow, Bradley & Gayle; 1992-0801940; Drainage Fee Agreement/Release701 RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: CI'/ Clef k CIT i! OF CARLSBAD i 1200 Carlsbad Village Drive ) Carlsbad, California 92008 ) I!!+BEC-1992 11=26 Afl I L!FFICIN, RECORDS SM ?!E!xl fM!TV sECORDES’s OFFICE #Yl!ETT EVANS y C&W F:EC&DER SF: 11,oo FEES: 28.0 1;; 17: &-j 1.00 f Space above this line for Recorder's use p~~~~~~~~~~~-~~~-~~ AGREEMENT TO PAY DRAINA& FEES AS REQUIRED BY THE GROWTH MANAGEMENT PROGRAM AND THE ADOPTED LOCAL FACZLITIES ~AGE~~NT PLAN FOR ZONE 1 x?rsQ&.. THIS AGREES is entered into this q 7x day of +.jkkbQ~ b IQ 9% y and between Bradley S. Brandow and Gayle E. Brandow hereinafter referred to as f*Developerrl whose a&dress is 2803 Wf3ie0n Street, Carlsbad, CA 92008 and THE CITY OF eARLSBAD, a municipal corporation of the State of California, hetieinafter referrea to E9ts I@Cityl" whose address is 1200 Carlsba&Village Drive, Ca%lsbad, California, 92008. WITNESSETH: WHEREAS, Weld;pkk is the owner of the real property described on Exhibit rrAlt:, aktached hereto and made a part of this agreement, hereinafter referred to as @PropertyIt; and WHEREAS, The Property l-ids within the boundaries of the City; and WHEREAS, Developer proposes a development project as follows: subdivision of an existing parcel into two (2) parcels on said Property, which Development carries the proposed name of minor subdivision 814 and is hereinafter referred to as llD&elopment"; and WHEREAS, Developer filed on the 27th day of June, 1989, with II AGREEMENTS AG-9.frm 1 REV. B/23/90 , /4 702 h the City as a request for tentative parcel map hereinafter referred to as llRequestll; and WHEREAS, on June 23, 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-Y&e '&i4Lg Clerk and is incorporated by this reference. _ (' WHEREAS, HPiavelaper an8"City recognise the correctness of the Local Facilities Management Plan for Zone 2, on file with the City Clerk and in&&orated by the reference, and that the City's drainage Zacflities may be at or near capacity in the drainage sub-basjln where: this development is located, and may not be avail&i& to aOcommodate the additional drainagie deman&on such facilitfes an4 services resulting from the proposed Dev&opment; and WHE%EAS, sti9d plan for Zone 1 requires that ail public facilities, including drainage, necessary to serve a development will be available fn conZsmance with the City's adopted performance standard (said Zane Plan is on file with the City Clerk and is incorporakhd ~by~43~9e' aaference); 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 1 by the payment of drainage fee. II AGREEMENTS AG-9.frm 2 REV. 8/23/90 703 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 1 as may be detailed in said glkn-an& knoorperated by reference and as determined throughths r&vised- Master Drainage Plan necessary to provide drainage racilities en conformance with t:he City's Growth Management performance standisd. This drainage fee shall be in addition to any fees, dedications or improvements required pursuant to Titles 18, 20 and 21 of the Carlsbad Munitiipal Code. 3. This agreement and the drainage fee pa&pursuant hereto'are. rec&red to ensure the consistency of the De&lopment with the C.klty*s General Plan, the Growth Management P&&am and the Local Paciiities Management Plan fur Zone f, If tWe fee is not paid as provided 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 Facilfkks Management Plan for Zone 1 and any approval or p&milt 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 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 AGREEMENTS AG-9.frm 3 REV. 8/23/90 704 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 sub;jec't: the project to the provisions of Section 21.90 of the'C~~%sbad tiunicipal Code, or any provision of law. 5. I&W&loper agrees -to construct, or participate in financing the construction of ptiblic facilfties and improvement identifjEed in *he citywide facilities and improvements plan or the Local Facilities Management Plan to the extent that those facilities cr %mprovements are allocated to Developer's property or projecti and are not financed by the fees referencedhereto. 6. City agrees to deposit the drainage fees paid pursuant to this agrelefffetnle; in a drainage fund for the financing of drainage facilities as needed in the City of Carlsbad when the City Council determines the neesb 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, AGREEMENTS AG-9.frm 4 REV. a/23/90 705 heirs, assigns and transferees. Without waiving its rights under 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'tbis'&@reement the City may revoke the building permit 'for' the project or may deny or revoke a Certificate rrf 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 sbafl be dated and signed by the party gibing such notice cr by a duly authorized representative of such part. Any i ,- ', such notic s&l1 not be effective for any purpose wb&soever unless served in one of the following manners: lO*T. If notice is given to the City by personal delivery therwf to the City or by depositing same in the United States Mail, ad&e&w&d 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 AGREEMENTS AC-9.frm 5 REV. a/23/90 706 h 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. This agreement and the covenants contained herein shall be binding upon and enure to the benefit of the successors, heirs, assigns and trans$%r&s 'tie Developer and shall run with the real property,and ,cre&e anequitable servitude upon the real property. 13. Thi& agreemen-): z&al'3 b,g recorded but shall not create a lien or se&ri+zy interest in the Property, When the obligations of this agreement have been satisf'ied and'atiropriate fee pafd to retard a release, City shall record the r$lease. 14. %%e prevailing party in any dispute between t&parties shall be I%@ right to recover from the non-prevailing @arty all costs and attorney's fees expanded in the course af su&dispute. 15. Except as otherwise pravided herein, all notices /I required ot grovidsd~for under this agreement shall be in writing and shall be delivered in perscn or served by Certified mail postage prepaid. Deliver-)t of notice to Developer shall be /// ,' ,o /// /// /// /// /// /// /// /// II AGREEMENTS AC-9.frm 6 REV. a/23/90 . . . * l . L I 707 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: Bradley S. Brandow 2803 Wilson Street Carlsbad, CA 92008 Executed by Developer t&&s "'a 9% day of ,~.&?/,/%%!& 1992. DEVELOPER: Bradley S. Brandow & Gavle E. mdow,.,~~~ CITY OF CARLSBAD, a municipal corporatisn of the State of California BradlevS.,..;BJrand (print nam4a here;) Gavle E. ~~~ (print namti berz) Co-Owner 9% (title and organization of signatory) (Proper notarial acknowledgement of execution 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: RONALD R. BALL City Attorney By: wputy City Att AGREEMENTS AG-9.frm 7 REV. a/23/90 State of California Countyof San Dieno .---- OFFICIAL SEAL SUSAN L. AMES NOTARY PUStIC CAllfORb#fi SAN DfEGO CDWTY Mv COrnnl~SIllM PIPIles kpc. 19. fg$l On this the 4 day of September' 19x, before me, Susan L. Ames . the undersigned Notary Public, personally appeared Bradley S. Brandow and Gayle E. Brandow. b personally known to me i ‘U 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 they executed it. Y@JITNESQI~ hand and official seal. Notary’s Signature GENERAL ACKNOWLEDGMENT FORM MEG-MISC-504 (2183) .- L . . E’fCC-t iI3 II-“,&’ LEGAL DESCRIPTION . THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: THAT PORTION OF.LOT 4 OF WILSONIA TRACT, IN THE CITY OF CARLSBAD, COUNTY OF .SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2169, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 13, 1929. BEGINNING AT A POINT ON THE NORTHEAST LINE OF SAID LOT 4, DISTANT THEREON NORTH 34'33' WEST 434.62 FEET FROM THE MOST EASTERLY CORNER OF SAID LOT: THENCE LEAVING SAID NORTHEAST LINE SOUTH 55'27' WEST A DISTANCE OF 260.0 FEET; THENCE SOUTH 34'33' EAST PARALLEL WITH THE NORTHEASTERLY LINE OF SAID LOT, A DISTANCE OF 83.75 FEET: THENCE NORTH 55'27' EAST 260.00 FEET TO THE NORTHEASTERLY LINE OF SAID LOT; THENCE NORTH 34'33' WEST 83.75 FEET TO THE PLACE OF BEGINNING.