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Home My WebLink AboutIFA 86-46; Innovative Time Corporation; 86-105705; Increased Fee Agreement/ReleaseRECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: i CITY OF CARLSBAD 1 1200 Elm Avenue Carlsbad, California 92008 Wi‘~v,R 19 AM 11: 44 Space above this line for Recorder's use Documentary transfer tax: & f-!igEl an i-6 -- - 1 Siqnaturgof declarant determining I i .i I“(' , I --_. i tax-firm name City of Carlsbad ParcelNo. A/j-dBO-/7 AGREEMENT AGREEMENT TO PAY INCREASED FEES FOR DEVELOPMENT MANAGEMENT SYSTEM This wreement is made and entered -into this _. ,: : -,:I ! ' 1986, by and between the City of Carlsbad, i _.. ,,. '* .California.,..a Municipal Corporation of the State of California, '. -.;-Iher&,inafter, referred to as "City" and : t . hereinafter.referred to as "Developer". ,- ;RECITALS A. Developer: has requested that the City issue building permits pursuant to~.the.:provi$io+s,of .the Carlsbad Municipal Code for a development located at l&MA+-bWW in the City of Carlsbad, and referred to as yz . B. On %wff% Developer entered into an agreement with the City to pay Public Facilities fees. A copy of the agreement is on file with the City Clerk and.is incorporated by this reference. C. On January 21, 1986, the City Council of the City adopted Ordinance No. 9791 which is on file with the City Clerk and is incorporated by this reference. D. Section 2 of Ordinance 9791 prohibits the submission, processing or approval of any application for any entitlement for development, whether discretionary or ministerial pursuant to Title 11, Chapter 11.06; Title 18, Chapter 18.04 of the Carlsbad Municipal Code subject to certain exceptions as set forth in the ordinance. This project qualifies for an exemption from Ordinance No. 9791 pursuant to the provisions of Section 2, Subsection A, l Section 3 & Ordinance No. 9792 provides that as a condition of approval of any building permit issued pursuant to Section 2 of that ordinance, the building permit'aljpl~c96t--~ha.ll.,.~~~~~ to pay .any increased Public : I-. -. Fgdilities fee or additional tax on new construction, or development fees established pursuant to the development management system, adopted by the City Council prior to July 20, 1986. "f . E. Developer recognizes that Ordinance No. 9791 is i "#... k : : a.r . intended"t&@-be..effective oniy until-July 20, 1986, at which point,! * , .* DewLoper ..would.be able to.obtain,buildinq permits subject to the i law in effect on the date those permits-are .issued. Developer further recognizes that in choosing to proceed to obtain building permits prior to the expiration of Ordinance No. 9791, Developer is waiving and hereby waives any right to challenge the increased fees.. or ;taxes. or. any ~deJre,$opmenL,fee.s which ,Develop.er agrees, :to, .,,.- .,., ., pay pursuant to this agreement. Developer acknowledges that the -2- r : . ;id. 318- 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,. ..r of Ordinance No. 9791. Developer further waives his right.&:- r ' ' c'hallenge said fees or taxes. ,: I 3. City agrees to issue building and other ministerial developzaebt-.permits pursuant to the provisions of the Carlsbad Municipal.e&&.Chapter 11, 'Section 11.06: and Title 18, Chapter 18.04, to the"&xtent such permits comply with applicable provisions of law,' .4. Ddver~per'.~~*'t6-,'pa~.the fees and taxes referred to in this agreement within30:daysof a.mitten .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.Q xxaner.'sl succeS;BOr;sh,..heirsz,.: h.: : : 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 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 damaqe. 7; nits ,a'$reement and the covenants contained herein : i; ,.: .~shall be binding upon and enure'to the benefit of the ~~::ouq~es.~ors , heirs, assigns and transferees of Developer and 'sh&&.rurr Ath the real property and create an equitable _. . . . servitu*.qpon '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 attorneg4s*feea;>expended inthe course of. such dispute. .'. 9. Except as otherwise provided herein, all notices required or provided for under &is 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 Jaade.,m.the. date of m&ling.,regardless .of. . + -4- . - -. , ‘. , ‘3&j 3- ‘> .’ c . . . receipt by Developer. Notices required to be given to Developer shall be addressed as follows: 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 day of 1 1986. DEVELOPER By: LtLd(L/ ppgp%~ A Municipal Corporation of the State of California . , APPROVED AS 1 'I :ding (Notarial acknowledgement of execution by DEVELOPER must be attached.) -5- STATE OF CALIFORNIA ss. County of SAN DIEGO ~CORPORATION ACKNOWLEDGMENT) wl’ 321 On MARCH 7. 1986 , before me, the undersigned, a Notary Public in and fog said State, personally appeared MICHAEL E Bm personally known to me (or proved to me on the basis of satisfactory evidence) to be the per: son who executed the within instrument as the ADMINISTRATION DIRECTOR OF :-‘-7.-/+#-#Ql/d/ personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as the Secretary of the Corporation that executed the within in- strument and acknowledged to me that such corporation executed the within instrument pur- suant to its by-laws or a resolution of its board of directors. WITNESS my hand and offici 52-0692 (Rev. S-82)