HomeMy WebLinkAboutIFA 86-98; Pacific Center Associates; 86-199646; Increased Fee Agreement/ReleaseJ? 86-P-9646
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RECORDING REQUESTED BY AND CfF'yik,L F,Lc;:jr;-.-. i
WHEN RECORDED MAIL TO: I Cf C,?.:i i"i:5'~ ~~~~~~ i'( !
1 CITY OF CARLSBAD
,' 1200 Elm Avenue Carlsbad, Cali-fornia 92008 )
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VERk L. LYLE L COUNTY RECOROER -.I
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tax-firm name City of Carlsbad .'
Parcel No. 210-100-08/210-100-09
AGREEMENT
AGREEMENT To PAY INCREASED FEES FOR DEVELOPMENT MANAGEMENT SYSTEM
This Agreement is made and entered into this 29th day
of April 1986, by and between the City of Carlsbad,
California, a Municipal Corporation of the State of California,
hereinafter referred to as "City" and , r--- --- \ Pacific Center Associates a General Partnership _/'
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 701 Palomar Airport Road
in the City of Carlsbad, and referred to as Carlsbad Pacific CenLer.
B. On AZ+- 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 1 , .-7) . Section 3 of Ordinance No. 9791
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 ok 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
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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 Carlsbad
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 herein), against the
property owner, and the property owner's successors, heirs,
assigns and transferees.
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 dgreement, 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
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receipt by Developer. Notices required to be given to Developer
shall be addressed as follows:
Pacific Center Associates c/o Caliber Development, Inc.
18300 Von Karman Avenue, Suite 720
Irvine, CA 92715
Notices required to be given to the City shall be addressed as
follows:
City of Carlsbkd 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 29thday of April , 1986.
(Notarial acknowledgement of
execution by DEVELOPER must be attached.)
By:
By: J CITY OF CARLSBAD
A Municipal Corporation of the State of California
ATTEST:
STATE OF CALIFORNIA )
j SS.
COUNTY OF ORANGE 1
On this 29th day of April in the year 1986, before me,
a Notary Public in and for said State, iersonally appeared James R.
Bosler, personally known to me (or proved to me on the basis of
satisfactory evidence to be the person who executed the within
instrument as President on behalf of Caliber Development, Inc., the
corporation therein named and acknowledged to me that said corporation
executed the within instrument pursuant to its bylaws or a resolution
of its board of directors, said corporation being known to me to be one
of the partners of Carlsbad Pacific Center One, Ltd., a California
limited partnership, the limited partnership that executed the within
instrument, said partnership being known to me to be one of the partners
of Pacific Center Associates, the general partnership that executed
the within instrument, and acknowledged to me that such corporation
executed the same as such partner and that such partnerships also
executed the same.
WITNESS my hand and official seal.
OFFICIAL SEAL SHARLA L MC GINNIS
IJOTARY PUBLIC - CALIFORNIA
ORANGE COMTY My comm. expires JUL 29. 1987 Notary Public -