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.