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Home My WebLink AboutPC 86-427; Bei Motion Systems Co; 86-436356; Agreement to Pay Fees for Growth Mgmt/Releases -. . . . - . ‘i. H 436356 ’ 1329 i”“-f;!.i;i?Ri:L:ti Ipi .’ ~ ’ I IIF f-iCi:d R:.i;fliilj!j RECORDING REQUESTED BY AND ) OF SAH i.hfh GO!Ji I y.(:A. I WHEN RECORDED MAIL TO: 1986 SEP 30 PM I: sfi CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, California 92008 ) Space above this line for Recorder's use Documentary transfer t Signature of daclaran tax-firm nzxre City of Carl&ad Parcel No. d/a -oh/ --Ed; 03 AGREEMENT AGREEMENT TO PAY FEES FOR FACILITIES AND IMPROVEMENTS AS REQUIRED BY GROWTH MANAGEMENT SYSTEM This Agreement is made and entered into this 25th day of JULY 1986, by and between the City of Carlsbad, California, a Municipal Corporation of the State of California, hereinafter referred to as "City" and BE1 Motion Systems Company a Delaware Corporation hereinafter referred to as "Developer“. RECITALS A. Developer has requested that the City issue building or other development permits pursuant to the provisions of the tenant improvements Carlsbad Municipal Code for ax&xe&apmaw~ located at 2280 Faraday Avenue, Suite A in the City of Carlsbad, and referred to as BE1 - PCD . B. On July 25, 1986 Developer entered into an agreement with the City to pay Public Facilities fees of 2.5 percent of the building permit valuation. A copy of the t agreement is on file with the City Clerk and is incorporated by this reference. . *. . .- - .-:30 . * . ’ c. This agreement is entered into pursuant to Section 21.90.030(c) and 21.90.040(b) of the Carlsbad Municipal Code. Developer acknowledges that the agreement to pay the additional or increased fees and to otherwise participate in the construction or financing of construction of public facilities and improvements as specified in this agreement is voluntary but that without this agreement developer would be precluded from obtaining building and other development permits by operation of Section 21.90.030 of the Carlsbad Municipal Code. Developer has chosen to obtain building permits under the provision of Section 21.90.030(c) of the Carlsbad Municipal Code and in consideration of the issuance of building or other development permits, Developer hereby enters.into this agreement and waives any rights to challenge such fees. D. Developer recognizes that Section 21.90.050 establishes a local facilities management fee which shall be used to pay the cost of providing facilities and improvements which are identified in the citywide facilities and improvements plan and in the applicable local facilities management plan, but are not paid from other sources. Developer further recognizes that certain other fees, such as traffic impact fees, have been or may be adopted for the area of the City in which the developer's project is located. Developer agrees to pay those fees. NOW, THEREFORE, in consideration of these Recitals and the issuance of building or other development permits by the City: Developer and City agree as follows: -2- 1. That the foregoing recitals are true and correct. 2. That Developer agrees to pay the fees identified by the City Council as necessary to pay for the cost of providing the improvements or facilities which are listed in Sections 21.90.090 and 21.90.110 of the Carlsbad Municipal Code and which are adopted pursuant to Section 21.90.050, or any other provision of Chapter 21.90 of the Carlsbad Municipal Code, or any other provision of law. These fees include but are not limited to public facilities fees, traffic impact fees, bridge and thoroughfare fees, park fees, and the fee imposed under Section 21.90.050. Payment shall be due 30 days from the date each fee is established. This agreement applies to fees adopted on or before July 20, 1988 or con-currently with the adoption of the appropriate local facilities management plan, whichever occurs first. Developer hereby waives his right to challenge said fees. Developer further waives any rights to pay the fees referred to herein under protest and that any protest shall immediately subject the project to the provisions of Section 21.90.030(a) of the Carlsbad Municipal Code. 3. Developer agrees to construct, or participate in financing the construction of, public facilities and improvements 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. 4. Developer agrees to prepare or participate in the preparation, as determined by the City Council, of the local facilities management plan for the zone in which development is located. -3- 133% 5. City agrees to issue building and other development permits pursuant to the provisions of the Carlsbad Municipal Code Titles 18, 20 and 21 to the extent such permits comply with applicable provisions of law. 6. 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 this section, City, upon request of Developer, may allow- additional time to pay the fee. 7. In addition to the other remedies available to the City, it is hereby agreed that if Developer does not pay the 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. 8. The City shall not, nor shall any officer, employee of the City, be -liable or responsible for any loss or damage happening or occuring to Developer or any successor or assign of Developer or to any occupant in Developer's building for the exercise of any of the remedies provided to the City purusant to this agreement, regardless of the nature of the loss or damage. 9. 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 eguitable servitude upon the real property. -4- ‘M 1333 10. The prevailing party in any dispute between the parties shall have the right to recover from the nonprevailing party all costs and attorney's fees expended in the course of such dispute. 11. 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 notices 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: BE1 Motion Systems ComDanv 2111 Palomar Airport- Road, Carlsbad. CA 92008 Suite 250 Attn: Controller Notices required to be given to the City shall be addressed as follows: City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Attn: Community Development Director 11. This agreement shall be recorded and Developer shall pay all costs of recording. IN WITNESS WHEREOF, we have hereunto set our hands and seals this 25thday of July , 1986. DEVELOPER David Pike, Controller A 1334 CITY OF CARLSBAD A Municipal Corporation of the State of California by: MART'm ORENYAK, C%q unity\ Development Director APPROVED AS ATTEST: (SEAL) CORPORATE ACKNOWLEDGMENT No 202 State of c AL~FCJRN IA ) On this the 25 Tay of 19x, before me, County of SAu bGco 1 a To ANFJ CE-llmh,,E R the undersigned Notary Public, personally appeared D AWib ? I ICG PUBLIC - CA q personally known to me @ proved to me on the basis of satisfactory evidence to be the person(s who executed the within instrument as &w ~~C42~3’Y4M oron behalf of the corporation therein named, and acknowledged to me that the corporation executed it. -6-