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HomeMy WebLinkAboutIFA 86-02; Frazee, E. Michael; 86-065393; Increased Fee Agreement/Release*. ‘. / RECORDING REQUESTED BY AND WflN RECOIJDED MAIL TO: C-TTY OF CARLS#AD 1200 Elm Avenue Carlsbad, California 92008 -I’ . ., ,. .,. ‘. I. : -, y : ,,. : _. ,. !*-. ’ ttj< i ‘.” “PT I CJ ;::; ;c: 27 Space &ove this line for Recorder's use Documentary transfer tax: & :RF F- .AR L9 TLR r Signature of declarant determining tax-firm name MG / City of Carlsbad Parcel No. 2 cs--/6GJ - a-- AGREEMENT AGREEMENT TO PAY INCREASED FEES FOR DEVELOPMENT MANAGEMENT SYSTEM This Agreement is made and entered into this 4& day:, . .._ . of fam9RY 1986, by and between the City of Carlsbad, California, a Municipal Corporation of the State of hereinafter referred to as "City" and i hereinhfter'.ikefe'rred to as "Developer". .* . RECITALS ki .’ ,’ ,, ‘. * I ‘. .Y; A,.;. Developer:*kts~requested that the City issue building * permits pursuant to the provisions of the Carlsbad Municipal Code for a development located at 209 s/ fhuM LmJE in the City of Carlsbad, referred to as IIV wwd3 D B. On 6 Developer entered into an agreement with the City Facilities fees. A copy of the agreement'is on fil with the City Clerk and is incorporated I by this reference. t . . 0 82; C. On January 21, 1986, the City Council of the City adopted Ordinance No. 9791 which is on file with the City Clerk and is incorporated by this reference. D. Section 2 of Ordinance 9791 prohibits the submission, processing or approval of any application for any entitlement for development, whether discretionary or ministerial pursuant to Title 11, Chapter 11.06: Title 18, Chapter 18.04 of the Carlsbad Municipal Code subject to certain exceptions as set forth in the ordinance. This project qualifies for an exemption from Ordinance No. 9791 pursuant to the provisions of Section 2, Subsection d , . Section 3.of Ordinance No, 9391. provides that.as a condition of approval of any building permit issued pursuant to Section 2-of that ordinance, the building permit applican&.sh$,Ll agree to pay any increased Public .' . ‘. . C...' L ,Fa'o.iliti~es fee or additional tax on new construction, or i .: development fees established pursuant to the development . 9. “. 1’ ~ k .; . * - l _ ,.mnagement system, adopted by the City Council prior to July 20, 1986. .*- .; . . . . _ Z.-y I. .- . . . . . . , E. _ Developer recognizes that Ordinance No. 9791 is intended to'"'~.-effective~~~~:until July 20, 1986, at which point Developer would.he ab$e toI&tain.buildinq permits subject to the law in effect on the date those permits are issued. Developer further recognizes that in choosing to proceed to obtain building permits prior to the expiration of Ordinance No. 9791, Developer is waiving and hereby waives any right to challenge the increased fees or taxes or any developgent fees whicb.D~:Tlelo~er.,agraes to . . L pay pursuant to this agreement. Developer acknowledges that the -2- x . . . . 0” 829 agreement to pay the additional or increased fees and taxes is voluntary and Developer hereby waives any rights to challenge such fees or taxes. NOW, THEREFORE, in consideration of these Recitals and the issuance of building permits by the City: Developer and City agree as follows: 1. That the foregoing recitals are true and correct 2. That Developer agrees to pay any increased Public Facilities fee or additional license tax on new construction established by the City Council prior to July 20, 1986. Developer further agrees to pay-any development fees adopted-or increased by the City pursuant to the development management system which is being prepared by the City under the provisions i . . ! :’ of Ordinance No. 9791. Developer further waives his right to ‘. ..' , ./; - eL dha1lehge s&id fees or taxes. . . . 3. City agrees to issue building and other ministerial .--dkvelopx~%%;permits pursuant to the provisions of the Carlsbad Municipal‘WdkChapter 11, Section 11.06: and Title 18, Chapter 18.04, to the extent such permits comply with applicable provisions of law. 4. Developer-,agrees-'toepay the fees and taxes referred t0 in this agreement..within..3(1~days-.:-of..a.written demgndby city. In the event that the obligation imposed'by.-this agreement is : . not paid within 30 days from the date of written'demand by City to Developer, the City may pursue any remedy, legal or equitable (including those specifically referred to herein), against the property owner, and the pr.operty .owner 's. ~ces.sors.,.,heir+,.. i. . . Y assigns and transferees. -3- - . . . , A . * . v 830 5. 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 within 30 days after written demand of the City, 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. 6. 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 fer the exercise of any of the remedies provided to the City purusant to this agreement, re,gardless of the nature of the loss or damage. 7: -??his agreement and.the. covenants contained herein ;.. shkil1,: 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 : ,: 1. servitude-';;;?on'the-real property. 8. The ‘prevailing harty 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. 9. 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.an,the.date of mailing regardless.,& : -4- A . _ I... P . c 831 receipt by Developer. Notices required to be given to Developer shall be addressed as follows: If* n)lu~Ec /5-= 3/8x- SmJw pcAcr Notices required to be given to the City shall be addressed as follows: City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Attn: Building Official 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 4 s day of &&/WY , 1986. ‘:_ I ,.I.. ,, ; ,. ., 1 ATTEST: ALETHA L. RAUTEiKRANZ, City clerk DEVELOPER 4 BY: . 6-?vumQ By: CITY OF CARLSBAD A Municipal Corporation of the State of California by: (Notarial acknowledgement of execution by DEVELOPER must be attached.) -5- STATE OF CALIFORNI4 I , ss. COUNTY CXF SAN DIEGO' Lib On this VTh day of&$~vrtpY Fred A. Norman, Sr., in the year 1786, before me, 8J2 a Notary cublic, personally appeared: ,$. Mwirm fFm=- proved to me, on the basis of satisfactory evidence, t? be the person whose name /S subscribed to the within Instrument, and acknowledged to me that Hg executed it. In witness Whereof, I have set my hand and affixed the seal of the State of California. A & %ohk Notaiy Publi: l .._... _.- -____- --.