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HomeMy WebLinkAboutIFA 86-141; Tung, Ker Kong; 86-482998; Increased Fee Agreement/Release9 482998 RECORDING REQUESTED BY AND WHEN R&CORD&D MAIL To: CITY OF CARLSBAD ! 1200 Elm Avenue Carlsbad, California 92008 .; . I%? OCT 24 PI! 2: 35 ViTiiA L- c”iJf4 i .f /:~k::-;‘i;&J Space above this line for Recorder's use Dccumentary transfer Signature of declararf AGREEMENT To PAY INCREASED FEES FOR DEVELOPMENT MANAGEMENT SYSTEM This Agreement is made and entered into this (7 fk day of 1986, by and between the City of Carlsbad, California, a Municipal Corporation of the State of California, hereinafter referred to as "City" and hereinafter referred to as "Developer". RECITALS A. Developer has requested that the City issue building permits pursuant to the provisions of the Carlsbad Municipal Code for a development located at LA co&i in the City of Carlsbad, and referred to as cfik \‘9,/ , /,A&& g))y B. On . oKe \"\ 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 by this reference. - > . I., ’ I . 1543 i. 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 Carl&ad 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 ! , fl . Section 3 of Ordinance No. 9791 provides that as a condition of approval of any building permit issued pursuant td 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 development fees established pursuant to the development management system, adopted by the City Council prior to July 20, 1986.’ E. Developer recognizes that Ordinance No. 9791 is intended to be effective only until July 20, 1986, at which point Developer would be able to obtain building 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 development fees which Developer agrees to pay pursuant to this agreement. Developer acknowledges that the -20 . . . #- 1544 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 of Ordinance No. 9791. Developer 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 Carlsbqd Municipal Code Chapter 11, Section 11.06; and Title 18, Chapter 18.04, to the extent such permits comply with applicable provisions of law. 4. Developer agrees to pay the fees and taxes referred 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 .herkin), against the property owner, and the property owner's successors, heirs, assigns and transferees. -3- . ’ 1545 .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 suc;cessor 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:. 7. 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 equitable servitude upon the real property. 8. 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. 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 the date of. mailing regardless of -4- ._ receipt by Developer. Notices required to be given to Developer shall be addressed as follows: l&4? -Kohl/r -L iU’Lr -j7s(r AhJlC hh4 h.4 I.5 hi CA 1 Lx,. riaod- 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 +# 1g86* DEVELOPER (Notarial acknowledgement of execution by DEVELOPER must be attached.) 'Y. By:' .' I I '\ CITY OF CARLSBAD A Municipal Corporation of the State of California D. ALESHIRE, City Manager VINCENT F. BIONDC, JR., City Attorney ATTEST: ctor (S&AL) STATE OF CALIFORNIA COUNTY OF SAN DIEGO h 1548 ss. On this 17th day of JUNE in the year 1986 J.M.V before me , person&y appeared KER-KONG T&G * * , known to me or proved to me on the basis of satisfactory evidence to be the person w instrument as the attorney in fact of *Bkyy~ ~"m~Ri)~K~u@~ribed to the within and acknowledged to me that HE subscribed the name of*BETTY N. BROOKS* * ' thereto as principal, and HIS own name as attorney in fact. WITNESS my hand and official seal. 5 1549 ; - STATE OF CALIFORNIA COUNTY OF SAN DIEGO ss. On this 17th day of JUNE in the year 1986 before me J.M. EISENMAN , personAlly appeared *KER-K()NG T&G * * ' known to me or proved to me on the basis of satisfactory evidence to be the person whose name instrument as the attorney in fact of *yUAN-BIN wANbs&S~~~~iBe~AaG*~within and acknowledged to me that HE ' LUISA Y. WANG ** subscribed the naReSof* YUAJ;B~m~~ fi thereto as principal, and attorney in fact. WITNESS my hand and official seal. #- -s - - - OFFICIAL SEAL - STATE OF CALIFORNIA COUNTY OF SAN DIEGO ss. On this 17th day of JUNE in the year 1986 before rne,l.M.FTSFNMAN , personklly appeared KER-KONG T;NG * * , known to me or proved to me on the basis of satisfactory evidence to be the person whose instrument as the attorney in fact of *CHIEN-Yflt8eWi? fi"!.#ffibfid i'htfie*'7ithin and acknowledged to me that HF subscribed the name of *CHIEN-YUNG WE1 & ' IF H WFT * * thereto as principal, and HIS own name as attorney in fact. WITNESS my hand and official seal. OFFICIAL SEAL J. M. EISENMAN NOTARY PUBLIC-CALIFORNIA SAN DIEGO COUNTY Signature) - 1 I. - STATE OF CALIFORNIA COUNTY OF SAN DIEGO 1551 ss . On this 17th day of JUNE in the year 1986 before me J.M.W , personilly appeared KER-KONG TUfrG * * , known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument as the attorney in fact of * FRED HINES & LORETTA HINES * * , and acknowledged to me that HF subscribed the name of *FRED HINES & TA HTNFS * * thereto as principal, and HIS own name as attorney in fact. WITNESS my hand and official seal. STATE OF CALIFORNIA COUNTY OF SAN DIEGO ss. 1552 On this 17th day of JUNE in the year 1986 before me J.M. FIXNMAN , personilly appeared NG * * , known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument as the attorney in fact of *MICH NADJ 8, HENNRIETA NADJ * * * and acknowledged to me that 2 HE subscribed the name of *mud 61 RIETTE NADJ * * thereto as principal, and HIS own name as attorney in fact. WITNESS my hand and official seal. . . * ‘, ^I, .‘.,- ’ .- 1553 STATE OF CALIFORNIA COUNTY OF SAN DIEGO ss. On this 17th 'V day of JUNE in the year 1986 before me " . 1.1. , personilly appeared KER-KONG TURG , known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within ment as the attorney in fact of *KENNETH J. PIERRE & LINDA M. PIERRE * * , auu acknowledged to me that subscribed the name of*KENNETH J. PltKKt & HF , M- 'T:,R,R,F thereto as principal, and HIS own name as 0x7 in instru e-3 -- SE! ‘I -*. L-CC* WITNESS my hand and official seal.