HomeMy WebLinkAboutIFA 86-143; Hirschberg, Jim; 86-532366; Increased Fee Agreement/Releaset 1803 - . 3
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RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL To: i CITY OF CARLSBAD 1200'Elm Avenue i Carlsbad, Cali-fornia 92008 )
86-532366
Space hove this line for I&order's u3e
Docunmntary transfer tax
AGREEMENT
AGREEMENT To PAY INCREASED FEES FOR DEVELOPMENT MANAGBMENT SYSTEM
8 -t; This Agreement is made and entered into this day
of 5x+& 1986, by and between the City of Carlsbad,
California, a Municipal Corporation of the State of California,
hereinafter referred to as "City" and
3 i'- &~cL\o4* a QC \J;l;\ddfi\
hereinafter referred to as "Developer".
RECITALS
A. Developer has requested that the City issue buildipg
permits pursuant to the provisions of the Carlsbad Municipal Code
for a development located a$ X-J17 3&-hQ, s)- CA. I, j$ja I,sk
in the City of Carlsbad, and referred to as 4k 4 ,c\ D&tdl .Y
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.
c. On January 21, 1986, the Cfty 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 Cprlsbad
Municipal Code subject to certain exceptions as set forth tin the
ordinance. This project :qualifies for an exemption from
Ordinance No. 9791 pursuant to the provisions of Section 2,
Subsection’ 1 , ,‘i> . 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 1
intended to be effective only until July 20, 1986, at which poin,t ',
Developer would be able to obtain building permits subject to the
law in effect on the date thope permits are issued. Developer ii
further recoqnizes 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
, . . .
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 reci$als 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.
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 obligakdon 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 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 dgreement, 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 l
such dispute. I
9. Except as othek&ise 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 &eloper. Notices required to be given to Developer
shall be addressed as follows:
Notices required to be given to the City shall be addressed as
followsr
City of Carl&ad 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 WEREOF, we have hereunto set our hands. and
seals this 21 day of , 1986.
(Notarial acknowledgement of execution by DEVELOPER must
be attached.)
CITY OF CARLSBAD A. Municipal Corporation of the State of California
Dev.lDirector
,
l VINCENT F. BIONDO, JR., city Attorney
ATTEST:
-
Individual AcKnow~edgITIent
1808
the yw;!i ~~~~*~ , before me, the undersigned, a Notary Public in
and for said County and State, personally appeared 1
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person- .
whose name ;r subscribed to this instrument and acknowledged that /cLR. executed It.
Public in and for said County and State