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Home My WebLink AboutIFA 86-05; Gonzalez, Jorge; 86-067713; Increased Fee Agreement/Release,--. . u 1. RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: ,' CITY OF CARLSBAD 1200 Elm Avenue 1 Carlsbad, California 92008 ) 585 (36-&677:3 p...w- I, fiECDmE0 tN-7 I ,,cf3’F!i:iAL fitcCji:‘p; t PI’ 4 t : ;‘I fi L’ r;;,y;g cc!JgT’fB ;I.’ ; ‘1586 FE3 20 AM tf: 47 L CovuEHfif f!di%hJ Documentary transfer tax: $17.00 Signature of declarant determining tax-firm name City of Carl&ad ParcelNo.A)5-370-04-00 AGREEMENT AGREEMENT TO PAY INCREASED FEES . . . , FQR DEVELOPMENT MANAGEMENT SYSTEM :. " \ ,. 2 * . -\ (. : This Agree,e~z&.made andl-entered into this 7 - .daP'.. *r, ' _, . ,. ” of,. 1986, by and between the City of Carlsbad, California, a Municipal Corporation of the State of California, d to.as,"City" and hereinafter referred . * . . A. Developer .has requestid:'th&tthe City issue building' i permits pursuant to the prouisiansof:the-Carlsbad Municipal Code d / for a development located at 28111 CAr,A TuA in the City of Carlsbad, and referred to as p/c-ss-&?# . I B. On Developer entered into an agreement with the City to pay Public Facilities fees. A copy of / the.. agreement ..is .on file..w,ith.+.ti. C.ity,..cllerk, and,.is.. incorpora~..., ,: r.,p ,y by this reference. . I.. .‘, t , ;,+ : _ C. On January 21, 1986, the City Council of the City adopted Ordinance No. 9791 which is on file with the City Clerk and is incorporated by this reference. D. Section 2 of Ordinance 9791 prohibits the submission, processing or approval of any application for any entitlement for development, whether discretionary or ministerial pursuant to Title 11, Chapter 11.06: Title 18, Chapter 18.04 of the Carlsbad Municipal Code subject to certain exceptions as set forth in the ordinance. This project qualifies for an exemption from Ordinance No. 9791 pursuant to the provisions of Section 2, Subsection f . Section. 3of Wdinance Mo. 979t -- provides that as a condition of approval of any building permit . issued pursuant to Section 2 of that ordinance, the building,. I " :parmit.:c&&&~lt;"$r+l,l agree,,to pay any increased Public :/'x: :I:- ;, Facilities fee or additional tax on new construction, or development fees established pursuant to the development management system, adopted by .the City Council prior to July 20,," 1986. -A' : i.' . . ; P .i .- ,*;.. , . . ., .- . 1. a*. E. Developer rscognirres that Ordinance No. 9791 is ' '. fntended~ be effm;ive only until July 20, 1986, at which point- I '*' e' Developer wouId.beable to' obtain building permits subject to the ..:.iI- I 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 deveIt,..~,,vhic4.,~~~B~..aqreea,, to -, V ., j... I: pay pursuant to this agreement. Developer acknowledges that the -2- .o ‘J 587 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 develapment fees adopted-ur ', ,kreased by the City pursuant to the development management .system which is being prepared by the City under the provisions * .I . of Ordf'nance NI.l'.~:~.~~~~...,. Developer further waives his right&o '. ; .” 'challenge said fees or taxes. 3, City agrees to issue building and other ministerial development~~permitg .pursuant to the provisions of the Carlsbad Municipa-l.C&#Chapter 11, Section 11.06: and Title 18, Chapter .,. .- 18.04, to the.extent such permits comply with applicable ii provisions,-:of law. .: 4; Developer agreer&q?ap..the* fees and taxes referred II . to in this agreement-within 30 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 owner, and the:;. proper& +BW!%'.% succes~rs,. .he irs&:. :!,:: ..,:.,$:., . . ,:';. 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 occurinq to Developer or any successor or assign of Developer or to any occupant in Dcrrlrqpicr'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. .' .I I 'I..,' -.&i&~ag.ree&t&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 pith the real property and create .an eguitable . * * .*. .::... . . . servitude qon'the real property; ,. 8. The prevailing party in any dispute between the . .' parties shall have the right- to recover from the nonprevailing i , . Parfy'~al~I'&s and attorney's fees~%xpended in the course-,of . :. c 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 &~&.or~ the. ~t.oof.mailing~regar.d~ss..af. , I ... -4- 4 . 1 _ i) 589 . - ^ . receipt by Developer. Notices required to be given to Developer shall be addressed as follows: /ii!.30 S;TRATFDab Lti CARLSRAA -C4.%008 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 day QC F233R~~~epy '.I. 1986. : - , :c,,.* '. .. . DEVELOPER By: * ATTEST: ‘._ ’ I. ? , : . ;'..-. :. ,.. ' - -a ' ' ; *" -, By: CITY OF CARLSBAD A Municipal Corporation of.. ~, the State of California ding (Notarial acknowledgement of execution by DEVELOPER must be attached.) ‘, , -5- . i) 590 / STATE OF CALIFORNI COUNTY OF s an Diego On February 7, 1986 ,before me, the undersigned, a Notary Public in and for said State, personally appeared Jorge Gonzalez-------------------------- ---------------------------------------- --------------------------------------- ---------------------------------------- personally known to me (or proved to me on the basis of satis- factory evidence) to be the person(s) whose name(s) is/are sub- scribed to the within instrument and acknowledged to me that he/she/they executed the same. (This area for official notarial seal)