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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.