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Home My WebLink AboutIFA 86-112; WSLA Development Corporation; 86-246202; Increased Fee Agreement/Release-id8 - bu -246202 - . $1 ; u. 1t ‘. * ’ * . . 1 -6 . ;:,-c .; 7.; (7, E i . I [: I- !‘-‘:‘p j )(, ) r. r . ’ RECORDING REQUESTED BY A ND 1 [i !‘i i - : - ' WHEN RECORDED MAIL 'IO: CITY OF CARLSBAD 1200 Elm Avenue ; Carl&ad, California 92008 ) 13% JY!l I6 PM 2: 37 * Space &cwe this line for Recotier's use .i' i Signature of &clarant &termininq tax-firm name City of Carl&ad Parcel No. &/t’-- $92 ---W-68 AGREEMENT AGREEMENT TO PAY INCREASED FEES FOR DEVELOPMENT MANAGEMENT SYSTEM - This Agreement is made and entered into this 29 day of Mav 1986, by and between the City of Carlsbad, . . California, a Municipal Corporation of the State of California, . . hereinafter referred to as "City" and Western Properties Service;Corp., DBA as WSIA DEVELOPMENT CORP. 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 Tract 83-29 in the City 04 Carlsbad, and referred to as Harbor Pointe ' l I B. On March 14. 1984 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. - .\. 1649 5 ’ I , C. On January 21, 1986, the City Council of the Ci:ty 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 t0 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 pursuint to the provisions of Section 2; Subsection 2 , P . 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 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 . I -2- I 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 ,. i system which is being prepared by the Cfty 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 provSisions of law. 4. Developer agrees to pay the fees and taxes referred to in-this ~gkeemhtit 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. . 4 * -3- M .’ AC .) . * _* .I i . \ - b 1651 5. In addition to the other remedies available to the City, ft 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 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 eguitable 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 1652 ’ . 3 receipt by Developer- Notices required to be given to D&eloper shall be addressed as follovs: WSLA DEVELOPMENT 3151 AimTay, Suite I-3, Costa Mesa, CA 92626 Attn: Mr. Don Jackson Notices required' to de given to the City shall be addressed as follows: City of Carlsbad '1200 Elm Avenue Carlsbad, CA' 92008 Attn: Building Official Il. This agreement shall be recorded and Developer shall pay all costs of recordinu. 12. All other provisions of this Agreement to the - contrary notwithstanding, City hereby agrees that Developer shall in any and all events retain all of the rights and remedies set forth in California Government Code Section 65913.5, including but not limited to the right to protest the imposition of any new or increased fees, taxes, assessments, dedications, reservations or other exactions (including, but not limited to, all fees and taxes referred to in this Agreement) pursuant to, the procedure specified in California Government Code Section 65913.5. - 4\ A653 a 0, .* * . . IN W,YNESS WHEREOF, we have hereunto set our hands and . * seals this 29 day of , DEVELOPER I I \ /\ kITY OF CARLSBAD u A Municipal Corporation of the State of California ATTEST: . . -6- I .o G Iz Eg GE -0 =o .P xiz 85 g$ 95 such corporation executed the within instrument pursuant to its I by-laws or a resolution of its board of directors. St WlTfiESS my hand and official seal. 3 8 8 (This area for official notarial seal)