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Home My WebLink AboutIFA 86-04; Treetops Unlimited; 86-065395; Increased Fee Agreement/ReleaseI . - . -. RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: ! \-;Ds FE": \ 9 .# to: 2 7 CITY OF CARLSBAD ; VER5? I,, LYLE 1200 Elm Avenue Carlsbad, California 92008 ,' L COUNTY ii:sxHDER --I Space above this line for Recorder's use pace1 ~0. 16710122;16710101 AGREEMENT AGREEMENT TO PAY ,INCREASED FEES FOR DEVELOPMENT MANAGEMENT SYSTEM This Agreement is made and entered into this 3rd day . of February 1986, by and between the City of Carlsbad, California, a Municipal Corporation of the State of California, hereinafter referred to as "City" and i Treetops Unlimited' a joint venture ; ;. ') , .I ..ber&nafter-rferred to as "Developer". -2, '. ', . \ _ i RECITALS . :. . r_ ' A~.~.~JJDeveloper~ bas;.requested..tb&t the City issue building : *q;., . . . .._ ! . permits pursuant to the provisions of the Carlsbad Municipal Code : for a development located at Calavera Hills s in the City of Carlsbad, and referred to as 733 Knolls Lots 129,130,131 B. On August 24, 1983 Developer entered into an agreement with the City to pay Public Facilities fees. A copy of the agreement is on file with the City Clerk and is incorporated.,~;~;i , ,.. by this reference. ,. ,,,>, a . - . 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 2 , ItemF . Section 3 of Ordinance No. 9-7 94 provides that as a condition of approval of any building permit . . issued pursuant to Section 2'of that ordinance, the building ' . . * . permit applicant shall agree to pay any increased Public , Facilities fee or additional tax on new construction, or . ',,.. I -. .deve&opment .fees established pursuant to the development ma'na@em,ent...syWem, adopted by the City Council prior to July 20, ,’ , ’ 1986. .-~~~::.~,.:,::” , E. ,,.,Developer recognijzes that Ordinance No. 9791 is intended to be"~leffective%rrIp. %xWi?X-.:July- 20,-'1986, at which-point ,."': Developer would be able to obtainbuilding .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 developmenL.fees which Deve.loper..,agrees. to ,..L'r:,-:s ., pay pursuant to this agreement. Developer acknowledges that the -2- i:. . 841 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 arty development fees adopted or increased by the City pursuant to the development management : system which is being prepared by the City under the provisions . . of Ordinance No. '9791 .,..tieveloper further waives his right to . . challenge said fees or taxes. 3. City agrees to issue building and other ministerial development permits pursuant to the provisions of the Carlsbad MunFci&i&~Cock"Cbapter 11, Section'11.06: and Title 18, Chapter 18.64, to the extent such permits comply with applicable prok+isions of law. ,, '._., - “4.‘: I2 D&eloper+ag&es to.-pap -the fees an&taxesz?ef-erred -.:- to in this agreement .,within* 3O..days..of. a.written demand by,-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.J%owner ,,ad. the.i.pro~r~~...,o~n~K~~, auccess&+. ..hei~~,..~: . . . . . . -a ; assigns and transferees. -3- 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 Developergs 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 damaqe. 7. This.aqreement and the covenants contained herein ;.:., ., :.. ., I,..:* shall be binding upon and enure to the benefit of the :, ‘. ,.succcssors, heirs, assigns and transferees of Developer and ~~“%?~l..run:with the real property and create an equitable ~ .. ,. 1 servitude~u&r *e reaP property. 8. "The'prevailinq party in any dispute between the parties shall have the right to recover from the nonprevailing : ., -. party all costs‘ and%ttorney%-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.on.tbe dat.e~.of..xnailing regardless.of. .<P .;.: -4- .’ _ - . . . I._ . _ . c, 843 receipt by Developer. Notices required to be given to Developer shall be addressed as follows: Treetops Unlimited 3900 Harnev Street San Dieqo, Ca. 92110 ATI'N:GEORGF,HAVIAR 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 3rd day of February , 1986. L..:.... . . .’ .,_.i, :..: ,,.. i, ,:‘. By: c .* . J. : ’ . *..,. , . , ATTEST: ; ,,: ;a I I By: * v C OF CARLSBAD Municipal Corporation of the State of California nager 1 ."- ityAttofM39 .., - (Notarial acknowledgement of execution by DEVELOPER must be attached.) -5- STATE CF CAL,I-A) ss. ~CFSANDIK;O) ' On this 3rd day Of Februarv 1986, before me, the undersigned, a Notary Public in and for said County and State, permnal~y appear4 Georqe Haviar t proved to me on the basis of satisfactory evidence to be the Vice President, ad Jon B. Werner f hown to me to be the ~r,m m, of PACIFIC SCENE, INC., the corporation that executed the within instrument on behalf of said corporation, said corporation being known to me to be one of the joint ventures of IREIUR UNLIMITED, the joint venture that executed the within instrument, and acknowledged to me that such corporation executed the same, both indi- vidually and as joint venturer of said joint venture, and that such joint venture also executed the same. WlTXESS my hand aqd official seal. i RhrloU ON& In ! %N DIEGO COUNTY : MY Comm. Exp June 17. 1988f