HomeMy WebLinkAboutMS 857; Fernandez, Victoria; 1993-0265800; Drainage Fee Agreement/Release- 4 3 6 2yg,,# 3-0;4590, : C
RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: L-t- +2 Clerk ; CIT OF CARLSBAD 1 1200 Carlsbad Village Drive ) Carlsbad, California 92008 )
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pa~F~~~~.~~~J:_:.::~~-380-0g-00
3 ,~ AGREEMENT !FU PAY DRAINAGE FEES AS REQUIRED BY THE GROWTH ~~~E~N~ PRGGRAM AND THE ADOPTED LOCAL FACILZKiXS ~A~~~~~ %AN FOR ZONE 1
THIS AGREE fs entered fnto this I + day of
CZi+, 199.3 by and between Victoria Fernandez hereinafter
referred to as "Developer* whose address is P.4. box 395,
Cardiff, CA '92007 and THE CITY OF CARLSBAD, a municipal
corporation of the State of California, hereinafter referred to
as llCity*' whose address is 1200 Carlsbad Village Drive, Carlsbad,
California, .920108.
WITNESSETH:
WHEREAS, l3&eIugmr is the owner of the real property
described on Exhibit IrAa:, attached hereto and made a part of
this agreement, hereknafter referred to as aProperty"; and
I WHEREAS, The Property lies -within the boundaries of the
City: and
WHEREAS, Developer proposes a development project as
follows:
minor subdivision number MS 857 on said Property, which
Development carries the proposed name of Fernandez Lot Split and
is hereinafter referred to as llDevelopmentll; and
WHEREAS, Developer filed on the 18th day of May, 1992, with
the City as a request for final parcel map hereinafter referred
II AGREEMENTS AC-9.frm 1 REV. B/23/90
. .
I 437”
,
to as llReguestll; and
WHEREAS, On February 21, 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 with the City Clerk and is incorporated by
this reference. ,', ‘)'(
,'i WHEREAS, Dev~&q$&r'an~ City'recognize the correctness of the
Local Facilitfes Manageaecnt Plan for Zone 1, bn file with the
City Clerk an& incorporated by the reference, and that the City's
drainage facilitfea may be at cr near capacity in the drainage
sub-basin where this development is located, and m&y not be
available to accommodate the additional drainage deman& on such
facilities &nd services resulting from the proposed Development;
and
WHEREAS, ~%aid "plan for Zone 1 requires that aP1 public
facilities, including drainage, necessary to serve a development
will be available in conformance with the City's adopted
performance standard (s&id Zone 'Plan is on file with the City
Clerk and is incaqarated by this reference); and
WHEREAS, Developer'h&s asked th4 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. B/23/90
43*
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 ,r~~~~~-~~~~t~~ Drainage Plan necessary to
provide drainage fac&xitief& in conformance with the City's Growth
Management perlormance stan&ard, This drainage fee shall be in
addition to any fees, dedications or improvements required
pursuant to Title& 28, 20 and 21 of the Carlsbad Municipal Code.
3. This ,&greement and the drainage fee paid -pursuant
hereto arec regufred to ensure the consistency of the Dkklopment
with the CityW General Plan, the Growth Management Prcgram and
the Local Facf31ities Management Plan for Zane 2. If the 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 consis%ent with the General Plan, the Growth
Management Pragram or the Local Facilities Management Plan for
Zone 1 and any approval or permit for the Development shall be
void. No building or other cisnsk~cticn 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. B/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 C~~~~~~~~~~~~~l Code, or any provision
of law. i . ',(,,(
5. Devsfoper agt&&& ta- Construct, or participate in
financing the construction of public facilities and improvement
identified in the citywide facilities and Emprovemenls plan or
the Local Facflfties Management Plan to the extent that those
facilities or improvements are allocated to DeveloperV&'property
or project and are not financed by the fees referenced hereto.
6. City agrees to deposit the drainage foes pai& pursuant
to this agreement in a drainage fund for the financing 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 to par&%cfka@h&t 3 8tiM 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,
heirs, assigns and transferees. Without waiving its rights under
AGREEMENTS AG-9.frm 4 REV. B/23/90
440,
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 the -p%%$je& or may deny or revoke a
Certificate of Cccupancy for 4&e project or both upon 15 days
written notice to DevelopeF of the revocation or denial.
10. Any notice from ane p&rty to the other shall be in
writing, an& sh-a11 be dated and signed by the party giving such
notice or by a duly authorized representative of such p&t. Any
such notice shall not be effective for any purpcse Whatsoever
unless servti in one of the following manners:
lO*l. If notice is given to the City by personal
delivery thereof to the City or by depositing saline in the United
States Mail, addressed to the City at the address set forth
herein, enclosed in a sealed envelope, addressed tc the City for
attention of the City Wan~ger, postage and prepared and
certified.
10.2. If notfce" 1s‘ $&v&3 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
happening or occurring to DeveloperIs building for the exercise
AGREEMENTS AG-9.frm 5 REV. 8/23/90
h 441-
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 cre?~~~~~&n'~e~itable servitude upon the real
property.
13. This ~grsement &WI bkrecorded but shall not create
a lien or ilsecurity interest in the Property, When the
obligations of this agreement have been satisfied and appropriate
fee paid to retard a release, City shall record the r&ease.
14. The prevailing party in any dispute between the parties
shall be the right to recover from the non-prevailing lI>%rty all
costs md attorney's fees expanded in the course of such dispute.
15. Except as atherwise 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. Delivary of notice to Developer shall be
presumed to have been mada on the date of mailing regardless of
AGREEMENTS AG-9.frm 6 REV. 8/23/90
receipt by Developer. Notices required to be given to Developer
shall be addressed as follows:
Victoria Fernandez P.O. Box 395 Cardiff, CA 92007 . .
19q !E xecuted by Developer this p!- day of.-, .
DEVELOPER: CP'EY OF CMRLSBAD, a municipal
carporstim of the State of
Victoria Fe~deir ~, ., (Name of B&v+&1
CaLifclrnia
By:
Victoria F&rn&ez
8 : (( 0
OrY) :
By : ) i I: ., ,, A-, (sign here) ,
- :: " 3 (print name he&)'
,.: " -31 (title and organizatkn of heimatitory)
(Proper notarial acknowledgement of execution by DEVELOPER must be attached)
(President or vice-president ai& 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:
RONALD R. BALL Acting City Attorney
By: -b Deputy City At&!ney
AGREEMENTS AG-9.frm 7 REV. 8/23/90
GENERAL ACKNOWLEDGMENT ; 443 I
NO. 201
State of cal&bJkL
County ofS5.d3i a 0 1 “’
On this the I+- day of I du 19%, before me,
Lblkd- 6.
the undersigned Notary Public, personally appeared
% personally known to me
U proved to me on the basis of
to be the person)qJ whose nameh
within instrument, and acknowledged that
NATKMAL NUTARYA.SSOClATK)N ,923 Remmet Ave .P.O. Box 7194.Canoga park. CA91904-7194
44c
EXHIBIT "A" LEGAL DESCRIPTION
LOT 7 IN BLOCK C OF BELLAVISTA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2152, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 7, 1929.
AGREEMENTS AG-9.frm 8 REV. 8/23/90
44F
&ate of California
County of San Die&o
On April.19, 1993 before me, Aletha L. Rautenkranz, City Clerk, personally appeared . Martin Orenvd. CoaunltJ Development DIrector 1
personally known to me (or proved to me on the basis 0; satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by hit/her/their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, execlzted the i?~trum-+ de. -.
WITNESS my hand and official seal (SEAL)
(Signature) I