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Home My WebLink AboutIFA 86-99; Davidson Company; 86-199647; Increased Fee Agreement/Release. - ;/ ' 519 fqaiQ9647 i -- -&',44~L\7 RECORDING REQUESTED BY AND ) F{f-rC::lf:a:)F'; +~y--'! WHEN RECORDED MAIL To: ; gy-ly!&$~ T;yc(,::..;'", i 21' p ri I8 i [l!-J {, '; !j 1 ; '!‘< " :‘, ; CITY OF CARLSBAD 1200 Elm Avenue ; 1% HAY 20 AM g: 53 Carlsbad, Cali-fornia 92008 ) VERA L. L. LYLE _ COUHTY RECaRriER J Space &we thrs line for Recorder's use . RF AR /a MG / _ Signature of declarant determining tax-firm name City of Carlsbad AGREEMENT AGREEMENT To PAY INCREASED FEES : FOR DEVELOPMENT MANAGEMENT SYSTEM . This Agreement is made and entered into this z day of MA'T 1 1986, by and between the City of Carlsbad, California, a Municipal Corporation of the State of hereinafter referred to as "City" and California, Sk ti41w b4pbW hereinafter referred to as "Developer". . . RECITALS A. Developer has permits pursuant to the pro for a development located at %dx i'n': the City of 'Carlsbad, an . B. On drJ‘u&" /?8/ Developer'entered into an agreement with the City to pay Public Facilities fees. A copy of the agreement is on file with the City Clerk and is.incorporated by this reference. Fc f5?7&9 - .” A 6 520 - c c. On January 21, 1986, the City Council of the City adopted Ordinance No. 979,l which is on file with the City Clerk and is incorporated by this reference. D. - Section 2 of Ordinance 9791 prohibits the submission, processing or approml of any application for any entitlement for development, whether discretionary or ministerial pursuant to Title II, Chapter 11.06: Title 18, Chapter 18.04 of the Carlsbad Municipal' Code subject to certain exceptions as set forth in the ordinance. This project qualifies for an exemption from Ordinance No. 9791 pursuant to the provisions of Section 2, Subsection I . Section 3 of Ordinance No. q79i :provides that as a condition of approval of .a$ building'&rmit 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 development fees establ,ished pursudnt. 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 26, 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 I' 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 u 521 . c . agreement to pay the additional or increased fees and taxes is voluntary and Developer hereby waives any rights to challenge , such fees or tpxes. NOW;'.TREREFORE, 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 .tfie development .manaqement 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. I 4. Developer agrees to pay the ices and taxes referred I 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 '1. .;_ : . 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. 1 . I..,, . b 522 - l . 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 damage. 7. This agreement and the covenants.contafned 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 'I he date of mailing regardless of -- : . ‘,, . , . UJ 523 A receipt by Developer. Notices required to be given to Developer shall be addressed as follows: Notices r City shall be addressed as follows: City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Attention: Building Official 10. This agreement shall be recorded, and Developer shall pay all costs of recording. 11. The Developer executes this agreement under protest to the rights granted in Government Code Section 65913.5. In ac- cordance with Government Code Section 65913.5(a)(2)(A), the following theories are stated as a basis of protest. This agree- ment is an adhesion contract, and fails for want of consideration. Later exactions of additional fees violate Council Policy 17 and the Tentative Map conditions. The imposition of future unknown exactions constitute a special tax violative of the provisions of Proposition 13, and Government Code Section 65104. It is further understood that the Developer reserves the right to later articulate other facts and theories pursuant to Government Code Section 65913.5(a)(2)(A) since Government Code Section 65913.5(d) provides that protest may be filed within ninety days after the establish- ment of the exaction. -5- * I‘ . . - -. - . C , IN WITNESS WHEREOF, we have underunto set our hands and seals this 2nd day of May , 1986. (Notarial acknowledgment of execution by DEVELOPER must be attached.) By: By: By: DEVELOPER CITY OF CARLSBAD A Municipal Corporation of the State of California Director for F. D. ALESHIRE, City Manager . APPROVE VINCENT F. BIONDO, JR., City Attorney .s- ; _ ^- ATTEST: . . (SEAL} CAT. NO. NNOO737 TO 21946 CA (1-83) (Corporation) u 525 g TICOR TITLE INSURANCE STATE OF CALIFORNIA COUNTY OF San Dievo a Notary Public in and for On May 2, 1986 before me, the undersigned, said State, personally appeared 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 mm--- President, and ----- m-q- 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 mm-- Secretary of the Corporation that executed the within instrument and acknowledged to me that such corporation executed the within instru- U (This arc* for official notarid seal)