HomeMy WebLinkAboutIFA 86-121; Spencer, Kenneth; 86-252903; Increased Fee Agreement/ReleaseI--- rq-CL’F”IfJ ,,J---: ~~~~!I.:Ir,L’~~f(;ij,..,I:, : i @” s,-‘,!d z’i:(;‘j C.-;h f :, :; ,!
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RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: 1
CITY OF CARLSBAD 13% JUN 23 PW I: I5
1200 Elm Avenue Carlsbad, California 92008 1 VERAL.LYLE COUHi-Y RECilROfR I
Signature of declarant determining tax-firm nare City of Carl&ad
Parcel No. 2?65f-d6L-&
AGREEMENT
AGREEMENT TO PAY INCREASED FEES FOR DEVELOPMENT MANAGEMENT SYSTEM
This Agreement is made and entered into this 28th day
of ADril 1986, by and between the City of Carlsbad,
California, a Municipal Corporation of the State of California,
hereinafter referred to as "City" and Gary Van Osdel, Anita Van Osdel,
Kenneth SDencer, Gay SDencer and Edwin F. Illsley, 3oybn- A.-?+Wey
hereinafter referred to as "Developer". 1s_1 i ---# r- L
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I RECITALS ?+
A. Developer has requested -Citv issue building
permits pursuant to the provisions of the Carlsbad Municipal Code
for a development located at 340 Walnut Ave.
in the City of Carlsbad, and referred to as Triplex .
B. On April 28, 1986 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.
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CI 2240
c. 'On January 21, 1986, the City Council of the City
adopted Ord.inance 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, Ch,apter 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-2 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 recoqnizes 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.
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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.
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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 damaqe.
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:
Edwin F, IllsJev ~- ~~
P. 0. Box 5039
San Bernardino, CA 92412
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 p&y all costs of recording.
IN WITNESS WHEREOF, we have hereunto set our hands and
seals this 28th day of Apri J , 1986.
(Notarial acknowledgement of
execution by DEVELOPER must
be attached.)
CITY OF CARLSB A Municipal Corpo&tron of the State of California \
bv:
/I/ /- VINCENT F. BIONDO, JR., City Attorney
ATTEST:
GENERAL ACKNOWLEDGMENT L 2244 NO. 201
Stateof California Onthistheadayof &riJ 1925, before me,
SS.
County of San Bernardino Alice H. Neunuebel
the undersigned Notary Public, personally appeared
I
Kenneth Spencer 1
MEUNUEBEL 0 personally known to me ALICE W.
F.IOTA3Y FUaLiC R proved to me on the basis of satisfactory evidence
SAN BERN”.!?F:~3 COUNTY to be the person(s) whose name(s) subscribed to the is
within instrument, and acknowledged that heexecuted it.
i
Notar@Signature
&SOClATlON l 23012 Ventura Blvd. l PO. Box 4625 l Woodland Hills, CA 91: 364
GENERAL ACKNOWLEDGMENT NO. 201
Stateof California
County of San Bernardino
On this the 28th day of Apri J 1986, before me,
ss. Alice H. Neunuebel ,
the undersigned Notary Public, personally appeared
SAN 537N:‘.,!?i?-:3 COUNrY
Gay Spencer 3
C personally known to me
E proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is subscribed to the
within instrument, and acknowledged that she executed it.
n10 122 NA~IUNAL NOIAHY ASSOCIATION l 23012 Ventura Blvd. l P.O. Box 4625 l Woodland Hills. CA 91:
GENERAL ACKNOWLEDGMENT L 2245, NO. 201
Stateof California
Countyof San Bernardino
On this the 28& day of April 19-86, before me,
Alice H. Neunuebel
the undersigned Notary Public, personally appeared
Joyan Illsley
personally known to me
,
proved to me on the basis of satisfactory evidence
be the person(s) whose name(s) issubscribed to the
thin instrument, and ackno sheexecuted it.
122 NATIONAL NOTARY ASSOCIATION l 23012 Ventura Blvd. l P.O. Box 4625 l Woodland Hills, CA 91
GENERAL ACKNOWLEDGMENT NO. 201
7110 122 NATIONAL NOTARY ASSOCIATION l 23012 Ventura Blvd. l P.O. Box 4625 l Woodland Hills, CA 91
Stateof California
San Bernardino County of
ALICE H. NEUMUEBEC
hiOTkRY PtiZ'L!C
SAN $ERW,RDC!O CO'e'NT1'
On this the 28th day of April
Alice H. Neunuebel
1986, before me,
the undersigned Notary Public, personally appeared
Edwin F. Illsley I
LJI personally known to me
0 proved to me on the basis of satisfac1;r-y evidence
to be the person(s) whose name(s) subscribed to the
-
GENERAL ACKNOWLEDGMENT NO. 201
LlCE l-l. NEUNUEEEL
NOT&W PG”LiC
SAN ERNXRD”<3 cOtlt4-i.Y
CALIK?!IN!A
Gary Van Osdel 1
0 personally known to me
B proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) i S subscribed to the
within instrument, and acknowledged that he executed it.
WITNEBmy hand qr&fficial seal.
State of llAlifnrni a Onthisthe38t.hdayof -Ap.ri! 19&i, before me, ss.
County of San Bernardino Alice H. Neunuebel 7
the undersigned Notary Public, personally appeared
I--I IVML I-V ~nnr xFGOCIATION l 23012 Ventura Blvd. l P.O. Box 4625 l Woodland Hills, CA 91364
GENERAL ACKNOWLEDGMENT NO. 201
Stateof California
County of San Bernardino
On this the28thdayof April
Alice H. Neunuebel
1986, before me,
the undersigned Notary Public, personally appeared
Anita Van Osdel ,
B personally known to me
0 proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) i s subscribed to the
within instrument, and ac
NATIONAL NOTARY ASSOCIATION . 23012 Ventura Blvd. l P.O. Box 4625 l Woodland Hills, CA 91