HomeMy WebLinkAboutMS 855; Monroy, Mario & Marjorie; 1992-0600773; Drainage Fee Agreement/ReleaseI. *. ,’ ^ . ’ I
. .
?I
0
\ / 9 a-
-
ItFFiSil KECORDS
RECORDING REQUESTED BY AND ) ~~~~~~~~~ @#jy ~~!~~~~E~~~~~~~~~E
WHEN RECORDED MAIL TO:
i
;j- : i 3 >y, ,!.!i, <-;tk: 7Fa f$
AF: 17.00
CITY OF CARLSBAD n 1 ;: 1 1 ,f)": t 1200 Carlsbad Village Drive ) Carlsbad, California 92008 )
Space above this line for Recorder's use
AGREEMENT TU PAY DRAINAGE FEES AS REQUIRED BY THE GROWTH l4AHAGmm PROGRAM AND THE ADOPTED LOCAL FACILITIES MAGNET PLAN FOR ZONE 1
THIS AG~~~~ is entered into this fl day of ti
I 19$Ic by and between Mario R. Monroy and Marjorie A.
Monroy, 'as joint tenants hereinafter referred to as -wbeveloperl'
whose address is 3610 Carlsbad Boulevard, Carlsbad,'CA 92008
and THE CITY UF CARLSBAD, a municipal corporatiun of the State of
California, hsre~aafter referred to as '"City" whbsie address is
1200 Carlsbad Village Drive, Carlsbad, California, 92008.
WITNESSETH:
WHEREAS, b6Weloper is the owner of the real property
described on Exhibit ctAlr:, attached hereto and made a part of
this agreement, herkinafter referred to as "Property"; and
WHEREAS, The Property lies within the boundaries of the
City; and
WHEREAS, Developer proposes a development project as
follows:
conversion of an existing duplex to a two unit condominium on
said Property, which Development carries the proposed name of
Monroy Condominium and is hereinafter referred to as
llDevelopment@l; and
WHEREAS, Developer filed on the 31 day of January, 1991,
AGREEMENTS AG-9.frm 1 REV. a/23/90
nnfi -I- / /if/7A
753
with the City as a request for a tentative parcel map designated
MS 855 hereinafter referred to as "Request"; and
WHEREAS, on January 23, 1991 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 w*4$$:4 O(' _, b Clerk and is incorporated by
recognie@ thti‘borrectness of the 3, ', Local Fac&~~~$&k &&n&J f& -&s yar zone 1, on file with the ': 'i '&
City Cle& $nd'~~orltporated,~~'~~~ reference, and that the City's
drainage fac&&$es may be at or near capacitiy in'thd: drainage k 4 il( :F .: : sub-ba&% wh& this development is located; ,and m&$8 not be " - ; :; ,: ,: ,: avail&KI&$a&zommodate the additional drainage d&ma
facilft;ias-$nd -services resultin@ from the proposed D
and '$;':,~ ": ',:; .: ~~~$ : ,, ,: ,). i.(:,;( i ,~ _ :::,. -( :;,,s: (,( f ,, 8 s.':i , i* ,; ,, _g "~,,V :' ", .' ~' ), :,,' ,(- <i i: i WH ".-"x&!&I plan for Zone 1 requires thtiat '.a11 public I ,). '( ': (i
facilities;': 3encXud&Q drainage, necessary to serve a development
will be avai&&le ~~~"~'~~~~~~~~% Wth the City's adopted ,, (,
performance &a&!&r& '[##a$& &I!& Pl;an"Qs on file with the City (jt :___ _ _(;( ':~ i ‘- Clerk and is incorporaf~~d'~~~:~~~~~:"refercnce); and ^b_ ii 'I: ,(
WHEREAS, Developer has asked the City to find that drainage
facilities and services will be available to meet the future
needs of the Development as it is presently proposed; but the
Developer is aware that the City cannot and will not be able to
make any such finding without financial assistance to pay for
such services and facilities: and therefore, Developer proposes
to satisfy the Local Facilities Management Plan for Zone lby the
payment of drainage fee.
h 754
NOW, THEREFORE, in consideration of the recitals and the
covenants contained herein, the parties agree as follows:
1. That the foregoing recitals are true and correct.
2. The Developer shall pay to the City a drainage fee as
required by the Local Facilities Management Plan for Zone 1 as
may be detailed in said'pi;-ia;lri""'~~~~,~~rrcsorporated by reference and as
determined through t&e rev$s%&k&ster Drainage Plan necessary to
provide drainage facilititi% in conformance with the City's Growth
Management performance standard. This drainage'fee shall be in
addition to any fees, dedfoaitions or improvements required
pursuant to Tit:les 18, 20 and 21 of the Carl&ad Munic&al Code.
3, This agreement and the drainage fee paid" pursuant
,I hereto %r%reguired to ensure the consistency of the D%velopment
with the City% General Plan, the Growth Managcrment P&gram and
the Local Paci,lfties Management Plan fur Zone 2. If the fee is
not paid a% provided herein, the City will not have the funds to
provide dr%inag% fiicilities and servioes, and the Development
will not be consistent wL4Jh' the General Plan, the Growth
Management Program ur the Local Facilitiss Management Plan for
Zone 1 and any approval or permit 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/W
, 8 -.,
. 755
h
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 ~~~~~~ the project to the provisions
of Section 21.90,of G&e &Wlsbz&%unicipal Code, or any provision
of law. : I : (')
5. Developer agrees 'ta' doflstruct, or 'participate in
financing the construction of public facilities and improvement
identified in"%he citywide facilities and improvements plan or
the Local Facilities Management Plan to the extent that those
facilities dr“Pmprovements are allocated to Developer"sproperty
or project and are not financed by the fees refersnce&hereto.
6. " City agreesto deposit the drainage fees paid pursuant
to this agre%ment in a drainage fund for the financing of
drainage facilities as needed in the City of Carlabad 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 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 21 to 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
n 756 -.
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 specifiedky'&J&~ e'tient the City may revoke the
building permit for p&j'& or may deny or revoke a
Certificate..oF Occupancy '&or "t&x& project or both upon 15 days
written notice tie, Develeper oftha revocation or denial. i( 10. Any n&%&e from one"@~Ay to the other shall be in
writing, "and &b&l1 be dated and signed by thaElC party 'giving such
notice '& by a ‘Uuly authorized representative of s&n$~rt. Any i ',: go such !&&%&all not be effective for any purpose" atsoever '( fn one of the following manners: 1 ; 'i$ n,
1ib:"L If ,notice is given to the City by' personal
delivery %bexx@H to the City or by depositing s&me fn the United
States Mail; addrerssed to the City at the address set forth
herein, enclosed in a se&d envelope, addressed to the City for
attention of the city : Manager, postage and prepared and
certified. ,, ' i ,,: ),, '-: 1 b (c': ::~".' :-:..+.. n. :3( _- ~(
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 AG-9.frm 5 REV. a/23/90
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 tr~~~~~~~~~~~~~ Developer and shall run with
the real property and cre'aIze an equitable servitude upon the real
property. (( 13. Th$s agreement sh&ILI be 'recorded but shall not create
a lien or sec&ity interest in the Property. When the
obligaC%ons &this agreement have been satisfied and appropriate
fee paid to record a release, City shall record the release.
14. The‘prevailing party in any dispute between the parties
shall be the right to recover from the non-preval+ing'~party all
costs and att&neyBs fees expanded in the course of such dispute.
15. Except as otherwise provided herein, all notices
required or pr"ovided for under this agreement shall be in writing
and shall be delivered in person or served by certified mail
postage prepaid. Delivery ‘of notice to Developer shall be
presumed to have been ma& on the date of mailing regardless of
I//
///
///
///
///
///
//I
///
AGREEMENTS AG-9.frm REV. 8/23/90
758 -
receipt by Developer. Notices required to be given to Developer
shall be addressed as follows:
3610 Carlsbad Boulevard Carlsbad, CA 92008
Executed by Developer this <!?hA day of &pY 1996,. ,
DEVELOPER: ., : _ ~, :, :, : C-X%% OF CARLSBAD, a municipal corporation of the State of California
Mario R, Mor&%$v ~ (print name here)
(print name here)
(title and nizafion of signatory)
(Proper notar%al acknowledgement of execution by DEVELOPER must be attached)
(President or vice-president and secretary or assistant secretary must sign for corporatians, Xf 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
By: Deputy City kktorney
AGREEMENTS AG-9.frm 7 REV. 8123190
II STATEOFCALIFORNIA 1 I
II CWNTYOF~M~~
. . ss.
OFFICIAL SEAL 1 BAR’BARA ANN MlLES
NOTARY PUGLIC - CALIFORNIA
PRINCIPAL OFFICE IN SAN OIEGO COUNTY My COnnnission expires-March 29. 1994
On this ;_? IX.& day of - In the year 19%&,
before me, the. under ed, a Notary Public in and for
I ’ ofLbQ?u .#ivt,
Mc9#P%?‘.l / .~..-....-
personally known to me
(or proved to me on the basis of satisfactory evidence) to be the persons whose name-.-.
A fQ 6 subscribed to the within instrument, and acknowledged to me that Lhe
executed it. Y
WITNESS my hand and official seal
ACKNOWLEDGMENT-GoIM~-WO~M~S Form 233CA-PBV. S-82
01982 WOLCOTTS. INC. (prim CIJSS 1-Z)
, , .’ .
” ‘L l
760 -
EXHIBIT “A”
LEGAL DESCRIPTION
LOT "N" OF BLOCK 2 OF PALISADES HEIGHTS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1777, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, JANUARY 11, 1924.
THIS IS A CONDOMINIUM PROJECT AS DEFINED IN SECTION 1350 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA, CONTAINING A MAXIMUM OF 2 DWELLING UNITS AND IS FILED PURSUANT TO THE SUBDIVISION MAP ACT.