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HomeMy WebLinkAboutMS 852; Panissidi, Stephen M. and Karen A.; 1992-0345759; Drainage Fee Agreement/Release- IZ ii 199290345759 1674 03-JUH-1992 02@10 Prl RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: CITY OF CARLSBAD 1200 Carlsbad Village Drive ) fxFICInL RECDRN y#l DIE60 CUW RECORDER’S OFFICE I 29.00 AN~TTE EfH; cDIHTY&KDRDER RF: 1 #g i?h i Carlsbad, California 92008 ) i ! RF: 1.00 ‘4. ..:2 n Space above thys line for Recorder's use pa-* ,~~~.~-~~~ .-71 IIF ,:I AGREEMENT TO PAY ~~~NA~~ FEES AS REQWIRED BY THE GROWTHIrtikTWAC;~~~~~ANDTHEAOOPZlED LOCAL FACILITIES ~A~~~ PLAN FOR ZONE 1 THIS AGREEMENT lis entsred into this 9& day of P /?lzlc , X9 %- by and between Stephen M. Panissidf and Karen A. Panissidi a family trust, hereinafter referred to as %%veloper" whose aditlr&ss -is 7711 Ronson Road, San Diego, CA 921Pi'and THE CITY OF CARLSBAD, a municipal corporation of the &ate of California, ~~~~~i~~~~~ referred to as @City" whose a&dress is 1200 Carlsbad Village Drive, Carlsbad, California, 92008. WITNESSETH: WHEREAS, ltM&tcySalr is the owner of the real property described on Exhibit @Arr:, attached hereto and made a part of this agreement, here%nafter referred to as nPropertyll; and WHEREAS, The Property lies within the boundaries of the City: and WHEREAS, Developer proposes a development project as follows: a two unit condominium conversion on said Property, which Development carries the proposed name of Shinn Condo conversion and is hereinafter referred to as l'Development"; and WHEREAS, Developer filed on the 25 +A day of &?&lC ? 19 ?/ , with the City as a request for Minor II AGREEMENTS AG-9.fm 1 REV. a/23/90 A- - acn . 1675 Subdivision MS 852 hereinafter referred to as llReguestll; and WHEREAS, on December 7, 1990 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. i _', ,)( _ ,' WHEREAS, Developer&&City recognize the correctness of the Local FacilitPes'Management Plan for Zonk 1, on file with the City Clerk and ,incorporat@ by'the reference, and &hat 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 drainage demands'on such facilities and services resulting from the proposed Dev&opment; and ” -;::~ ,( : ,( ,( “2 _ WHEREAS, said~'plan for Zone 1 rQzquires that &I. public facilities, ijnc%udjtng drainage, necessary to serve a development will be available ,in conformance with the City's adopted performance standard (said Zone Plan is on filta with the City Clerk and is incorporated by this referencejt and WHEREAS, Develope&firis 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. NOW, THEREFORE, in consideration of the recitals and the AGREEMENTS AG-9.frm 2 REV. 8/23/90 h h 1676 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 plan and incorporated by reference and as determined through the-p~~~~~~'~~~~~~ Drainage Plan necessary to provide drainage facilities in confora&%ncewith the City's Growth Management performance s&k&rd; This drainage fee shall be in addition to any fees, dedhat;ians br improvements required pursuant to Titlss 18, 20 and 21 of the Carlsbad Municipal Code. 3. This agreement and the drainage fee paid 'pursuant hereto are rag&red to ensure the consistency of the Development with the C&y's General Plan, the Growth Management P&&am and the Loba~'"B%&lfties Management Plan for Zone 1, If Y&i2 fee is not paid as provfded herein, the City will not have the funds to provide drainage facilities and services, and the Development will not be consf&%%nt with the General Plan, the Growth Management Program or the I;acx%l Facilities Management Plan for Zone 1 and any appmval or p&rmit for the Development shall be void. No building or ok&&r '$%5nstru&k~1 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 AG-9.frm 3 REV. 8/U/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 ofthe@H% nicipal Code, or any provision of law. :, 5. DeV8h2p&? 2kgr8& tu fZonSt?XICt, or participate in financing %he oonstru&tion o,f p&lfc! facilities and improvement identified in the citywide facilities and improvements plan or the Local Facilities Management Plan to the extent that those facilities ur improvements are allocated to Developerrs $roperty or project and are not financed by the fees referenced 'friereto. 6;..“"." Ci%y plrgr&es to deposit the drainage f&es @ti%'pursuant to this agree&&t in a drainage fund for the financing of drainage isailities as needed in the City of Carlsbad when the City Council determines the need exists toprovide the facilities and sufficient funds from the payment of this and similar fees are available. 7. Subject to parQ@&@ti 3,&a 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 AGREEMENTS AG-9.ft-m 4 REV. a/23/90 1678 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 this agreement the City may revoke the building permit for 436' @A%@!!& or may deny or revoke a ' Certificate of Ocoulpanoy for the pro3ect or both upon 15 days written noti- to Develo#& of the revocation or denial. 10. Any notice from s)ne pztrty to the other shall be in writing, and shall be dated anti 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 ‘2.n one of the following manners: &;'L,,', If notice is given to the CiQ by “personal delivery thersof to the City or by depositing same in the United States Mail, a&dressed to the City at the address set forth herein, enclosed in a sealed envelope, addressed to the City for attention of the City Hanager, postage and prepared and certified. 10.2. If not&e 3kSr, g&v&? t@ 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 AGREEMENTS AG-9.frm 5 REV. 8/23/90 .: F- 1679 of any of the remedies provided to the City pursuant to this agreement, regardless of the nature of the loss or damage. 12. This agreementandthe 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 oreat& ,&n' "Stab3.e servitude upon the real property. 13. This agreement 'shalL be recorded but #hall not create a lien or semrity interest 'in the Property. When the obligatiuns of thk8 agreement have been satisfied and appropriate fee paid to reord a release, City shall record the rexease. 14* Thepeevailing party in any dispute between the parties shall be the right to recover from the non-prevailing party all costs ~~'~~~~~ey~s fees expanded in the course of suck'aispute. 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. Deljivery of notice to Developer shall be presumed to have been m&e on the date of mailing regardless of /// /// /// /// /// /// /// /// /// AGREEMENTS AG-9.frm 6 REV. a/23/90 ,.A -. 1680 receipt by Developer. Notices required to be given to Developer shall be addressed as follows: 7711 Ronson Road San Diego, CA 92111 Executed by Developer this *day of j?tiL , 19~~. ,),, _ (- ,,) DEVELOPER: CITY OF CAELSBAD, a municipal corporation of the State of 422kXiforni.a Karen A. PmfdJ; (print nameErere) . s +i3ewfg /zzuz- (Proper notarial ack&x#ledg&mnt of execution by DEVELOPER must be attached) (President must sign for corporations. secretary or assistant secretary 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 Acting City Attorney L By: b v Deputy City Attorney AGREEMENTS AG-9.frm 7 REV. 8/23/90 San Diego S$ Bank e 1681 h-. IARY ACKNOWLEDGMENT Member F I) I C. INDIVIDUAL STATE OF CAUFORNIA COUNTY OF SAN OIEGO “* 4 On this - day of end State, personally appeered KM4 ths undersigned, e Notary Public in’and for said County e/l M. PkNiTvb/ basis of setisfectory evidence ] ubscribed to this instrument, end xecuted the same. NOTARY WBLIC _ CALIFORNIA 7 PRINCIPAL OFFICE IN Y SAN DIEGO COUNTY ‘My Commission Em. September 13,199X [for- rlmary aad or stamp] EXHIBIT "A" LEGAL DESCRIPTION h 1682 LOT 26 OF SHELTER COVE ON THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 5162, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY APRIL 23, 1963. AGREEMENTS AG-9.frm 8 REV. a/23/90