HomeMy WebLinkAboutIFA 86-126; Plumb, Gerald B.; 86-284924; Increased Fee Agreement/Release,
: ,-+ -86-284924
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RECORDING REQUESTED BY AND
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WREN RECOkDED MAIL TO:
CITY OF CARLSBAD 1200 Elm Avenue i Carlsbad, Cali-fornia 92008 )
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ParcelNo. 715-42o,w,\4
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AGRLEMEMT
AGREEMENT To PAY INCREASED FEES FOR DEVELOPMENT MANAGEMWf SYSTEM c
This Agreement is made and entered. into this / 9" day
of qppq . 1986, by and between the City of Carlsbad,
Californfa,'a Municipal Corporationof the State of California,
inafter referred to as 'City' and
a
hereinafter referred to as "Developer".
RECITALS
A. Developer ha8 requested that the City issue building
permits pursuant to. the provisions of the Carlsbad Municipal Code
for a development located at 7ei-2 // t.-
in the City of Carlsbad, and referred to as /w-q* b3 7 .
B. On 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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c. On January 21, 1986t the City CouncQ of the City
adopted Ordindnce NO. 9791 which is on file with the City Clerk
and is incorporpted 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 U.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 q D . 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 muld 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 Faxes.
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 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.
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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5. In addition to the other remedies available to the .
City, it is hireby agreed that if Developer does not pay the
fees specified- Py 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 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 reqtiired to be given to Developer
shall be addressed as follOw8:
Notices required to be given to the City shall be addressed as
follows:
City of Carlsbrd 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 WBEREOF, we have hereunto set our ha+ and
seals this 19thday of &Y , 1986.
DEVELOPER
(Notarial acknowledgement of execution by DEVELOPER must be attached.)
By:
By:
CITY OF CARLSBAD A Municipal Corporation of the State of California
l
by:
MARTIN O&N%,Co~Dev. Direct0 F. D. ALESHIRE, City Manager
ATTEST:
(SRAL)
individual AcKnowlrdgment 0. 1535
HATE OF CALIFORNIA
COUNTY OF san Diego SS.
On this ___ lgthday of May , in the year 1986, before me, the undersigned, a Notary Public in
and for said County and State, personally appeared
Gerald B Plumb
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person-
whose name is subscribed to this instrument and acknowledged that he executed it.
WITNE& my hand and official seal.
Clara M Colucci
Notary Public in and for said County and State
Notary Seal
OFFICIAL SEAL CLARA M. COLUCCI
NOTARY PUBLIC CALIFORNIA
PRINCIPAL OFFICE IN
SAN DIEGO CWNTY
# Commission Exe. 9. 1988