HomeMy WebLinkAboutMS 825; Fahoumand, Esmail; 1991-0577940; Drainage Fee Agreement/Release--.. -- .--. -- _._~..____. ._ .
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e - 1943
RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO:
i CITY OF CARLSBAD 1200 Elm Avenue ; Carlsbad, California 92008 )
TIC II 1991-0577940 ’ 07-HOW-1991 cc:44 Pll
OFFICIAL RECORDS SCIN DIEGO COUNTY RECORDER’S OFFICE ANNETTE EVANS 3 COUNTY RECORDER
1;; . ‘1El FEES: 29. DO
Space above this HI: 1.00
Parcel No. 216-300-22 ci ;6
AGREEMENT TO PAY DRAYAGE FEES AS REQUIRED BY THE GROWTH MANACEME~ PROGRAM AND THE ADOPTED LOCAL FACXLICTXES MANAGEMENT PLAN FOR ZONE 6 .,.&Is a,25
THIS A~~~E~~ is entetied intss this 30 fit day of
Oc&r , 19a by and between Edmail Fahoumand, A married man as to
an undivided 50% interest, and Farhad Zarrabi and Guity Zarrabi,
husband and wife as joint tenants, as undivided 50% interest
hereinafter referred to as "Developerg whose address is 951
Newkirk Drive, La Jolla, CA 92037 and THE CITY OF CrUzLSBAD, a
municipal corporation of the State of California, hereinafter
referred ta as Vityet whose address is 1200 Elm Avenue, Carlsbad,
California, 9?00#,
WITNESSETH:
WHEREAS, Developer is the owner of the real property
described on Exhibit *A@:, attached hereto and made a part of
this agreement, hereinafter'refesred to as lVPropertyV1; and
WHEREAS, The Property lies within the boundaries of the
City; and
WHEREAS, Developer proposes a development project as
follows:
4 unit residential development on said Property, which
Development carries the proposed name of MS 825 and is
hereinafter referred to as "DevelopmentVf; and
AGREEMENTS AG-9.frm 1 REV. 8/23/90
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WHEREAS, Developer filed on the 24 day of April, 1989, with
the City as a request for Minor Subdivision hereinafter referred
to as VVReguestlN; and
WHEREAS, On October 3, 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, D&eloper and City recognize the correctness of the
Local Fac;ilftfes 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 meiy 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 6 requires that all public
facilities, incfuding 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 hy 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.
AGREEMENTS AG-9.frm 2 REV. 8/23/W
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 reviradt Master Drainage Plan necessary to
provide drainage facilities in conformance with the City's Growth
Management performance standard. This draindge fee shall be in
addition to any fees, dedfeations 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 &he 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 ths Local Facilities Management Plan for
Zone 6 and any approval or permit for the Development shall be
void. No building or other oon&rUction 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
Carlsbad Municipal Code, or any other provision of law. Payment
AGREEMENTS AC-9.frm 3 REV. 8/23/90
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 subject the project to the provisions
of Section 21.90 of the Carlsbad Municipal Code, or any provision
of law.
5. Developer agre@.iE: tu con~~rUctt or participate in
financing the construction of public facilities and improvement
identified in the citywide feucilities and improvements plan or
the Local Facilities 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 reference4 hereto.
6. City agrees to deposit the drainage fees paid pursuant
to this agreement in a drainage fund for the Pfnancing 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 t;o paragraphs 3 and 4, tlw 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 AC-9.frm 4 REV. a/23/90
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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 DevelqW'of the revocation or denial.
10. Any nutice from one party to the other shall be in
writing, and shall be da%@4 and signed by the party giving such
notice or by tp duly authorfzed representative of such part. Any
such notice shall not be effective for any purpose whatsoever
unless served in one of the following manners:
10.2. If notice is given to the City by personal
delivery thereof to the City or by depositing same in the United
States Hail, addressed to the City at the address set forth
herein, enclosed in a sealed envelope r addressed to the City for
attention of the City Manager, postage and prepared and
certified.
10.2. If naticter! is given to Developer by personal
delivery thereof to Developer or by depasiting the same in the
United States Mail, encPcm&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 AG-9.frm 5 REV. a/23/90
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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 intakesst in the Property. When the
obligations of this agrewtmthave been satbfied and appropriate
fee paid to record a release, City shall record the release.
14. !Fhe prevailingpatiy 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, alf 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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AGREEMENTS AG-9.frm REV. a/23/90
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s receipt by r"‘eloper. required- be given to Developer
shall be addressed as follows:
Esmail Fahoumand 951 Newkirk Drive La Jolla, CA 92037
Executed by Developer this
4c
day of mmw , /6 19 .
DEVELOPER: CITY OF CARLSBAD, a municipal corporation of the State of Esmail Fahoumand, A Married man as to 50% undivided interest, and Farhad Zarrabi and Guity Zamcabi, Husband and Wife as Joint Tenants
er
FarhadZBbi (print name here)
Owner ,' (title a?d organization of signatory)
By: w,w YsigK here)
Guitv Zarrabi (print name here)
Owner (title and organization Sf .bsignatory)
(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: VINCENT F. BIONDO<JR.
AGREEMENTS AC-9.frm 7 REV. a/23/90
CAT. NO. NNOO827 TO 1944 CA (S-84)
(Individual) 1 9 50 @j TICOR TITLE INSURANCE
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proved to me on the basis of satisfactory evidence to be
the persons whose name& (IhGsubscribed to the
within instrument and acknowledged that exe-
(This area for official notarial seal)
1 ’
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h 1951
LOT 404 OF LA COSTA SOUTH UNIT NO. 5, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 6600, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 10,197O.
RCE 31915