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Home My WebLink AboutCT 84-35; Foote Development Company; 86-099068; Increased Fee Agreement/ReleaseI‘, -, ^ . .#’ - iO0l 86799068 * . , * ~ I--- ftE;:SRr!Elj L--- I)FF!(:!:.L fiEtcip!is I RECORDING REQUESTED BY AND ) CT c;j,td II,LC'S (:;UiiT :', ',;!. ; WHEN RECORDED MAIL To: cr/ r %.I6 I&i2 I 4 !d 8: 1 CITY OF CARLSBAD 1 1200 Elm Avenue Carlsbad, California 92008 Documentary transfer tax: m Signature of declarant determining tax-firm nantz City of Carlsbad Parcel No. p7-/NJ -2,7 m/q /- AGREEMENT AGREEMENT To PAY INCREASED PEES FOR DEVELOPMENT MANAGEMENT SYSTEM This Agreement is made . of February 1986, by and and entered between the into this 10th‘ day . . . City of Carlsbad, California, a Municipal Corporation of the State of California, hereinafter referred to as "City" and Mike Foote Development Co.,Inca D&eloper hereinafter referred to as "Developer". . RECITALS '.. ,'. : :. , : I 5 - ' """ r* .l A'<.-, Developer has requested that the City issue building 1. ._’ { permits pursuant to the provisions of the Carlsbad Municipal Code for a development located at Tamarack and Tuolumne, Tract 84-35 in the City of Carlsbad, and referred to as Falcon Hills . B. On February 10, 1986 Developer entered into an agreement with the City to pay Public Facilities fees. A copy of ~ the agreement. i.s, ,on file ,wFth the,.City Clerk and. is incorpor.at,e&,. 1’ . by this reference. QC- fQ=-3 439 /q&d &Jh CrBy-3/ 1 I 1 I ’ .. . - - u 1002 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 &L , . Beeden- 3 of Ordinance No+ -. 97.9L- . - 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 ‘ . . .. .:. ":,,. >-pgci'lities fee or additional tax on new construction, or development fees established pursuant to the development . . 74gma@agement system, adopted by the City Council prior to July 20, . . 1986: ....:: .' '-::) - ,- f: E. Developer recognizes that Ordinance No. 9791 is ._ intended t6Y&+'effective+orrI~'until July 20, 1986, at which point Developer would,be able.$o .obtain.buildinq 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 deuelogw fees -which Develop~r..:agrees.,tro.;, .: . , pay pursuant to this agreement. Developer acknowledges that the -20 tl-, : .’ A . - *. iJ 1003 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-.adoptet+or *. increased by the City pursuant to the development management - . . system which is being prepared by the.City under the provisions . _: .:- . ,. __ .)-.'r .' :. ..: - of. Ctidinance~.&. 9791. Developer .further waives his right to . '.' '. "&hailer@ said' fees or taxes. 3. City agrees to issue building and other ministerial develo-p&ant permits:pursuant to the provisions of the Carlsbad . Municipal Co?Tb Chaptet.'f.7;: :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 oblig&5on?Xmposed 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.:prope~~~~~er.l-s.suc fzes@rx&,.~heir.s.~.., i.. '.., . :,.a'. assigns and transferees. I -3- \, .-.. ‘ -*. - ? 1004 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-irr Devtloper~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. This agreement and the covenants contained herein " . . -: . . : .&hall, be .bi&ing upon and enure to the benefit of the successors, heirs, assigns and transferees of Developer and shall' ~IJIK with the real property and create an equitable .*: . . ..a servitude-ugrr.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=-cfeestexpended in .the course of such dispute. . I . 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 ma,d~,on,the-,date.of ma~iog.,regardlesa.-.al,.,.,.. ,~, -4- ‘1 )., ‘. _- l - ii 1005 - \ ‘. . receipt by Developer. Notices required to be given to Developer shall be addressed as follows: 5205 Kearny Villa Way, Ste. 211 San Diego, CA 92123 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 14TRday of February , 1986. , ; ‘,‘.$.. . -. , ..‘<. . . ,, ., ‘. * _..a .; .‘_ I .* ‘. : I ‘, . . . . . . By: . . . i ..,. ;.i'-*.'L;..'.. . By: . ATTEST: -.. --: .=:.;"a, ,. , * . 2. i . -. ,_ CITY OF CARLSBAD A Municipal Corporation of the State of California (Notarial acknowledgement of execution by DEVELOPER must be attached.) 1006 STATE OF CALIFORNIA I 88. COUNTY OF SAN DIECO On February 14, 1986 before me, the undersigned, a Notary Public in and for said State, personally appeared MICHAEL J. FOOTEi, personally known to me or proved to me on the basis of satisfactory evi- dence to be the person who executed the within instrument as the President of MIKE FOOTE DEVELOPMENT CO., INC., the corporation that executed the within instrument, and acknowledged to me that such corporation executed the within instrument pursuant to its bylaws or a resolution of its board of directors. WITNESS my hand and official seal. q & PATRICIA G. C. ABERNATHY b