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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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