HomeMy WebLinkAboutPE 2.91.24; Lange, E. Walter & Anita J.; 1991-0511591; Drainage Fee Agreement/ReleaseL . c * *
8 *
o\ \.
0 / a \
* /4
. 1341 I.2 # 19914511591
RECORDING REQUESTED BY AND ) 03-ET-1991 08:04 API
WHEN RECORDED MAIL TO:
CITY OF CARLSBAD 1 1200 Carlsbad Village Drive ) Carlsbad, California 92008 )
OFFICIAL RECORDS ShH DIE60 COUHTY RECORDER’S OFFICE AHNETTE E;tt; COUW;;E~ECORDER RF: :
CIf: 17:oo 29.00
-i?i . Space above this lin&'for Rd& rder's use
Parcel No. 215-491-29 9P
AGREEMENT TO PAY DRAIMAGE FEES AS REQUIRED BY THE GROWTH MANAGEMENT PROGRAM AND THE ADOPTED LOCAL FACILITIES MANAGEMENT PLAN FOR ZONE 6 PE 2e91.24
THIS A~~~~~ENT is entered into this ah -iA. day of&htif &-
I 19% by and between E. Walter Lange and Anita J. Lange,
Husband and Wife as Joint Tenants, hereinafter referred to as
tlDeveloperw whose address is 856 Violet Court, Carlsbad,' CA 92009
and THE CITY OF CARLSBAD, a municipal corporation of the State of II California, hereinafter referred to as 'tCftyn whose a&dress is
1200 Elm Avenue, Carlsbad, California, 92008.
WITNESSETH:
WHEREASp Developer is the owner of the real property
described on Exhibit i'A1l:, attached hereto and made a part of
this agreement, hereinafter referred to as nPropertyll; and
WHEREAS, The Property lies within the boundaries of the
City; and
WHEREAS, Developer proposes a development project as
follows:
single family residential lot grading on said Property, which
Development carries the proposed name of Lange Residence Grading,
PE 2.91.24 and is hereinafter referred to as "DevelopmentR; and
WHEREAS, Developer filed on the 17 day of June, 1991, with
the City as a request for Grading Permit hereinafter referred to
AGREEMENTS AG-9.frm 1 REV. a/23/90
’
.
.
as tlRequestll; and
WHEREAS, On May 5, 1976, the Map 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.
WHEREAS, Developer arrdt&.ty reco@fzethe correctness of the
Local Facilities l&mage%tt4mlZ Plan for Zone 6, on file with the
City Clerk and incorporated by the reference, and that 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 II facilities and services resulting from the proposed DeWiopment;
and
WEREAS, said plan for Zone 6 requires that a%% public
facilities, fncluding drainage, necessary to serv# a development
will be available in conformance with the Cfty*s adopted
performance standard (said Zone Plan is on file with the City
Clerk and is incorporated by Lfifs re?rfwxknce); and
WHEREAS, Developer h&ei abkedt the City ttco find that drainage
facilities and services w913r. 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
II such services and facilities; and therefore, Developer proposes
to satisfy the Local Facilities Management Plan for Zone 6 by the
payment of drainage fee.
II NOW, THEREFORE, in consideration of the recitals and the
covenants contained herein, the parties agree as follows:
AGREEMENTS AG-9.frm 2 REV. 8/23/90
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 6 as
may be detailed in said plan and incorporated by reference and as
determined through the revised Master Drainage Plan necessary to
provide drainage facilities in conformance with the City's Growth
Management performance ~~~~~~~ "I!$&$ drainage fee shall be in
addition to any fees,' dtifiicsrtions or x@%rovements required
pursuant to Tfk&~c;e 18, 20 anlSi 2% of the Caslsbsnist~~unicipal Code.
3. This agreemant &r&d the dr&,nage fee paid pursuant
hereto are requirled to ensure the consistency of the Development
with the City% General Plan, the Growth Management Ptiogram and
the Local Facildties Management Plan for Zone a; Xr'&e fee is
not paid'as prcvided herein, the City will not have thekunds to
provide 'drzlknage facilities and services, and' the D&elopment
will not be ccnsItit&nk with the General Plan, U&ii?! Growth
Management Program or the Local Facilities Management Plan for
Zone 6 and any approval or permit for thea: Lkveloprarent shall be
void. No buflding or o&&r cunetrzaction permit or entitlement
for use shall be isiired'tintil'tie drainkge facilities fee is paid I or this agreement is
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
shall be due 30 days from the date the drainage fee is
established. Developer hereby waives his right to challenge said
AGREEMENTS AG-9.frm 3 REV. 8/23/90
1 -
. 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 Carlsbad Municipal Code, or any provision
of law.
5. Developer agrees to construct, or participate in
financing the construct&on of pubJic facilities and improvement
identified in the citywf& facilities and improvements plan or
the Local Facilities Management Plan to the extent that those
facilities or improvements are allocated to Develuper'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 finaficing 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 af this and similar fees
are avail&l1Eb,
7. Subject to paragraphs 3 and 4, the City agrees to issue
building and other development permits pursuant to the provisions
of the Carlsbad ?&&zip&l Code Title 18, 20, and 21to the extent
such permit comply with applbcable pmvisions 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
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
AGREEMENTS AC-9.frm 4 REV. 8/23/90
1345 i Ps,,
I
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 da '~"'~~~~-~,~ra ,by the party giving such
notice or by a duly arrifr~~~treU-~~res~n~a$E~~ of such part. Any
such notice bBh&r‘.P"not b&'~H?fectfve 'for ~&ny'p~r$$ose whatsoever
unless ser+IWiWone 4&t&3$ ~~~~~~~~~'~~~n~~s:
'( 10.1'; 'XP notice fs ~iv%l~ to the City b$ personal
deliverqr"$her&f to the City or by depositing'same'in$%e United
&ddres ed to the City at the addr@&$%& forth s herein.; :::~ri~n;as~~ in sealed envelope, addressed tc th&%ity for
I attent$& I' :"'irQ the City Manager,
3, ,, ;: poseage and " ,p&%&&ed and
certifi@aiijz;,, 'y ': " ,( ::
c k ',' ,::
10.2." '( .' "XP' notice is (ItfVer! to Develop&' ,$I$ personal
,( *( delivery the&Wf teb' Developer or by depo&it$ng ~W&'same in the ', United States 'Raft, encl&$ti~iti ~a's~a~ed'&nve~op&, addressed to
Developer at the,' 'B ~7&s~"&Bd*caYed'~'in: Wl& 'agreement or at
another place as desk It& .,e&&":&ey 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
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,
AGREEMENTS AG-9.frm 5 REV. 8/23/90
.’ .
, .
. I . 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 shall be recorded but shall not create
a lien or security interest in the Property. When the
obligations of this agreement have been satisfied and appropriate
fee paid to record a release, City sh~O1 record the release.
14. The prevail&kg partyin any dispute between the parties
shall be the right to recover from the non-prevailing party all
costs and attceneyrs 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 persan or served by certsiffed mail
postage prepaid. Delivery of notice to Developer @hall be
presumed ta have been made on the date of mailing regardless of
///
///
///
///
///
///
///
/I/
///
///
///
///
///
///
AGREEMENTS AG-9.frm 6 REV. 8/23/90
4. receipt by Developer. Notices required to be given to Developer I shall be addressed as follows:
E. Walter Lange 856 Violet Court Carlsbad, CA 92009
t ,
4 1
Executed by Developer this 1941. 17% day of SC_ Wcedd ,
DEVELOPER: CITY OF CARLSBAD, a municipal
E. Walter Lange & Anita J, corporation of the State of Lange, California
E. Walter Lange (print name here)
Owner n of signatory)
Anita J me _, (print n&e hem)
Owner (title and organization of signatory)
(Proper notarial acknowledgement of execution by DEVELOPER must be attached)
(President or vice-p$?esMent andsecretary 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:
VINCENT F. BIONDO, JR. City Attorney
By: Deputy City kX&orney
AGREEMENTS AG-9.frm 7 REV. 8/23/90
STATE OF CALIFORNIA
>
1: ‘8
COUNTY OF.] “’
On this / 7 +4 day of -A, in the year 19x(
before me, the undersigned, a Notary Public in d for said” State, personally appeared
lz,cm!h3LT~& /@nJf?E @vrrf9 7. I @UI//;F
*-
&proved to me on the basis of satisfactory evidence) to be the personswhose names
subscribed to the within instrument, and acknowledged to me thatrheJ!
executed it.
WITNESS my hand and official seal.
- d? @-
Notary Public in and for said State.
ACKNOWLEDGMENT-G~~~~~-W~~~~~~S Form 233CA-Rev. 5-82
, l349
EXHIBIT “A”
LEGALDESCRIPTION
LOT 95 OF CARLSBAD TRACT NO. 75-4 LA COSTA ESTATES PER MAP 8302.
DECLARATION OF RESPONSIBLE CHARGE
I HEREBY DECLARE THAT I AM THE ENGINEER OF WORK FOR THIS PROJECT AND THAT THE ABOVE LEGAL DESCRIPTION WAS OBTAINED FROM RECORD DATA.
,-WE!!! ------
DATE