Loading...
HomeMy WebLinkAboutPE 2.90.10; Duggins, Glenn & Joy; 1991-0580610; Drainage Fee Agreement/Release--- ___ __ I. - RECORDING REQUESTED BY AND ) 08-NYJ-tBI WHEN RECORDED MAIL TO: cF;1;i$i gE;zR;j CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, California 92008 ) a. Parcel No. 167-070-22, 23 AGREEMENT TO PAY DRAINAGE FEES AS REQUIRED BY THE GROWTH MANAGEMENT PROGRAM AND THE ADOPTED LOCAL r*"' FACILITIES MANAGEMENT PLAN FOR ZONE 1 .- FE 2.90.10 \ ;. THIS AGREHMENT is entered into this 25 7% '\ i day of \ ~&&- , 19% by and between Glenn E. Duggins and Joy L. Duggins Husband and Wife as Joint Tenants as to Parcel 2 and Alton K. Brown and Normajean Brown, Husband and Wife as joint tenants as to Parcel 3, hereinafter referred to as "DeveloperV1 whose address is 3619 Amigos Court, Oceanside, CA 92056 and THE- CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "CityV1 whose address is 1200 Elm Avenue, Carlsbad, California, 92008. WITNESSETH: WHEREAS, Developer is the owner of the real property described on Exhibit 'rA1*:, attached hereto and made a part of this agreement, hereinafter referred to as "Property"; and WHEREAS, The Property lies within the boundaries of the City: and WHEREAS, Developer proposes a development project as follows: grading for two (2) single family dwellings on said Property, which Development carries the proposed name of Duggins and Brown Residences, PE 2.90.10 and is hereinafter referred to as AGREEMENTS AG-9.frm 1 REV. 8/23/90 <- . . . .i-’ - p rc .- . . . . . m h 836 TIVDevelopmentV1; and WHEREAS, Developer filed on the 26 day of February, 1990, with the City as a request for grading permit hereinafter referred to as VVReguest*V; and WHEREAS, On June 26, 1984, the Developer of Minor Subdivision 660 entered into an agreement with the City to pay Public Facilities fees a$ 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. WHEREAS, Developer and Qity reco@zethe correctness of the Local Facilities Management Plan for Zone 1, on file with the City Clerk and incorporated by the reference, and that the City's drainago 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 facilitfes &r&services resulting from the propoW& Development; and WHEREAS, said plan for Zone 1 rewires that all public facilities, including drainage, necessary to serve a development will be available in confurmance with the City's adopted performance standard (said Zone Plan is on file with the City Clerk and is incorporated by this reference): and 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 1 by the AGREEMENTS AG-9.frm 2 REV. 8/23/90 n 837 - payment of drainage fee. 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 plan and iuicorporated by reference and as determined through the revised Master Drainage Plan necessary to provide drainag& facilities in conformance with the City's Growth Management performance standard. This drainage fee shall be in addition to any fees, dedications or improvements required pursuant to Titl;es 18, 20 and 21 of the Carlsbad Muniefpal Code. 3. This agreement and the drainage fee paid pursuant hereto are regUired to ensure the consistency of the Development with the City's General Plan, the Growth Management Program and the Local Facilities Management Plan for Zone 1. If the fee is not paid as provided herein, the City will not have the funds to provide draSnage facilities and services, and the Development will not be consistent with the General Plan, the Growth Management Program or the Local Facilities 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. 8/23/90 * ‘. .- . . * ’ . n 838 .- 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 subject the project to the provisions of Section 21.90 of the Carlsiba& EfUllicipal Code, or any provision of law. 5, Developer agm@s to construct, or participate in financing th* construction of public facilities and improvement identified in the citywide facilities and improvements plan or the Local Facilities Management Plan to the extent that those facilities or improvements are allocated to Developer's property or project and are not financed by the fees referenced hereto. 6. City agrees to deposit the drainage fees paid 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 pay%mnt of this and similar fees are available. 7. Subject to parag-staphs 3 and 4, the City agrees to issue I 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. a/23/90 I ‘. 7, . * I’ . 839 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 project or may deny or revoke a Certificate of Occupancy for the project or both upon 15 days written notice to Developer of the revocation or denial. 10. Any notice from one party to the other shall be in writing, and shall be dated and signed by the patiy'giving such notice or by a duly authorised representative of such part. Any such not&e shall not be effective for any purpose whatsoever unless served in one of the following manners: 10.1. If notice is given to the City by bersonal delivery thereof to the City or by depositing same in the United States Hail, addressed to the City at the address set forth herein, cmclosed in a sealed envelope, addressed to the City for attention of the City Manager, postage and prepared and certified. 10.2. If notice is given to Developer by personal delivery thereof to Devsl@&er 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 of any of the remedies provided to the City pursuant to this AGREEMENTS AG-9.frm 5 REV. 8/23/90 840 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 transferees of Developer and shall run with the real property and create an equitable servitude upon the real property. 13. This agreement sba!kl be recorded but shall not create a lien or security interest in the Property. When the obligations of this agreelnrent have been satisfied and appropriate fee paid to record a release, City shall record the release. 14. The prevailing partyin any dispute between the parties shall be the right to recover from the non-prevailing party all costs and attorney's fees expanded in the course of such dispute. 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, Delivery of notice to Developer shall be presumed to have been made on the date of mailing regardless of receipt by Developer. Notices required to be given to Developer shall be addressed as follows: AGREEMENTS AG-9.frm 6 REV. 8/23/90 A I . b . . P Glenn Duggins 841 ’ x 3619 Amigos Court Oceanside, CA 92056 Executed by Developer this 1991 . d d day of 9 '9/ , DEVELOPER: CITY OF CARLSBAD a municipal Glenn E. Duggins and Joy L. Duggins corporation of the State of Husband and Wife as Joint Tenants as . JOY L, ,m (print name here) Tenant Parcel 2 zation of signatory) Alton K, Brown (print name here) Husband asJoint T nan P 1 (title and 'organiz%& o?%?gn:tory) By: Normajean Brown (print name here) Wife as Joint Tenant Parcel 3 (title and organization of signatory) (Proper notarial acknowledgement of execution by DEVELOPER must be attached) (President or vice-president and secretary or assistant secretary nust sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal enpouering that officer to bind the corporation.) APPROVED AS TO FORM: VINCENT F. BIONDO, JR. City Attorney By: ‘Y Deputy City mtorney AGREEMENTS AG-9.frm 7 REV. 8/23/90 INDIVIDUAL ACKNOWLEDOMENT State df CALIFORNIA 1 On this the 19thday of Sep,,mber 1991, before me, SAN DIEGO ss. County of Gistala Hauser --------------------___ , the undersigned Notary Public, personally appeared Joy L. Duggins ---------_---------_- ~**********+*********+**+************** t IJ:‘.‘!TiAL SI:AL z 5 t :;:;:‘;<LA HAUSER : ‘i0 i kY PUBLIC-CALIFORNIA t t NOTARY BOND FILED IN : $ SAN OIEGO COUNTY 2 it My Commission Expires July 23. 1993 t *+*********************************~ q personally known to me [XI proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ic subscribed to the within instrument, and acknowledged that she executed it. WITNESS my ha@ and official seal./ Notary’s anature ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to another document. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document Agreement to pay Drainaqe Fee Number of Pages 7 & Exhibit Date of Document 9-5-91 -,.,.A . . . ^ .,m,..,.. ..n...-., .c.,.,-.,.,.~~., F.-------&. A.. -- *.... ^-~ ---* cA Q,‘yld-, I I”“-l”Il w lYnl l”lYfiL IN” IHIll A~XJUN lLR-4. w.m nemme rAve.~r”.wxrIcu.caflcga .-..,- ~ -.-_. INDIVIDUAL ACKNOWLLDOMENT No a31 State of CALIFORNIA On this the u day of 199L, before me, SwPr SAN DIEGO ss. County of Gisela Hauser ----------_---_-------- the undersigned Notary Public, personally appeared Glenn E. Duggins, Alton K. Brown and r Normajean Brown --------------------- ******+++******+**************+***** s OFFICIAL SEAL t IX[ personally known to me t GISELA HAUSER x s NOTARY PUBLIC-CALIFORNIA t 0 proved to me on the basis of satisfactory evidence t NOTARY BOND FILED IN s SAN DIEGO COUNTY $ to be the person(s) whose name(s) are subscribed to the MY Commission Expwes J~IY 23, 1993 t within instrument, and acknowledged that they executed it. * ************************************ s ignature A~ENTION NOTARY: AjthO@, the jnfomatjon requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to another document. THIS CERTlFlCATE MUST BE A-l-LACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document Agreement to pay Drainage Fees Number of Pages 7 & Exhibibate of Document 9-5-1991 Signer(s) Other Than Named Above Joy Lo Dugg1ns ’ ‘lty Attorney City Manager 0 NATKXWL NOTARY ASSCKIATKJN * 8236 Remmet PNe. - PO Box 7184. Caccga rmrn, - 843 EXHIBIT 'A' LEGAL DESCRIPTION APN 167-070-22 (DUGGINS) PARCEL 2 OF PARCEL MAP NO. 14001, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 29, 1985 AS FILE NO. 85-404167 OF OFFICIAL RECORDS. APN 167-070-23 (BROWN) PARCEL 3 OF PARCEL MAP NO. 14001, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 29, 1985 AS FILE NO. 85-404167 OF OFFICIAL RECORDS.