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Home My WebLink AboutIFA 86-66; La Costa Vale Ltd; 86-146827; Increased Fee Agreement/Release06 1610 @- 19682 7 ;'--'- ;:,.8,Fj.,$;~-~@$ 2 7 .I . ..>..t ',z-;-i, RECORDING REQUESTED BY AND ) /. 1,-i.. r;;-i';." ' ; .' : .,% 8.. : .z,<: ,!I?. WHEN RECORDED MAIL To: ; \,3; I,"? f 6 fl>! ii-J: 5'3 . CITY OF CARLSBAD 1 1200 Elm Avenue VEFiA L L. LYLE Carlsbadr California 92008 i co&i]- ‘{ f$CrJpi)fa J RF p v AR / Space &we this line for Recorder's us Docuwntary transfer tax: $ e ..-_. ‘-_ tax-firm m . - ciw of Carlsbad . 223 - /fd -J/ p=C&tb Lots 283. 284. 285 f; 3& nf Tract 72-20. Man 7779 ., . \ - AGREEMENT . - - AGREEMENT TO PAY INCREASED FEES FOR DEVELOPMENT MANAGEMENT SYSTEM : "a. - . . . . - w -' . of This Agreement is made and entered into this 3 day :.- . . 1986, by and between' the City of Carlsbad, April California, a Municipal . hereinafter referred to La Cqsta Vale, Ltd. Corporat'ion of the State of California, as "City" and . . hereinafter referred to as 'Developer" lE;T5s. A. Developer has requested that the City issue building permits pursuant to the provisions of the Carlsbad Municipal Code for a development located at 3171 Venado Street. in the City of Carlsbad, and referred to as Phase 111 of se3 PQint Tennis Club At La Costa. B. On me,- 37. 19~1 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. pc BwJ;/ ,’ c. On January 21, 1986, the City Council of the City adopted Ordinance No0 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 2D #and 2F . Section 3 of Ordinance No. 9791 provides that as a condition of approval of any building permit issue-d pursuant to Section 2 of that ordinance, the building permit applicant shall agrde to pay any increased Public Facilities fee or additional tax on new~onstrudtion, 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 toA, pay pursuant to this agreement. Developer acknowledges that the -2- s ~ . : 1612 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 then foregoing recitals are true and correct 2. That Developer agrees to pay any increased Publi; 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 s&h 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 a. property owner, and the property owner's successors, heirs, assigns and transferees. , -- - - r . - --r fi.- 1613 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, empl'oyee 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 I .* . . , _*. c - -.. * . J 16f4 receipt by Developer. Notices required to be given to Developer I shall be addressed as follows: La Costa Vale, Ltd. Attention: John Cooper 1764 San Dieqo Avenue San Dieqo, CA 92110 % sNotices 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 3 day of April , 1986. DEVELOPER ‘ CITY OF CARLSBAD .' A Municipal Corporation of the State of California VINCENT F. BIONDO, JR., City Attorney ATTEST: STATE OF CALIFORNIA) )SS COUNTY OF SAN DIEGO) On this 3rd day of April, 1986, before me, the undersigned Notary Public in and for said State, personally appeared Daniel J. Epstein, personally known to me to be the President of Continental LaCosta Properties, Inc., the corporation that executed the within instrument as general partner on behalf of La Costa Vail, Ltd., the partnership that executed the within instrument, and acknowledged to me that the corporation executed it as such partner and that such partnership executed it. In witness whereof, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public in and for said County and State I .-.. _ KARENLI . . OFFIcyF/ wry Publk-Cah . SAN DIEGO coup*-