HomeMy WebLinkAboutPC 87-100; CALIBER DEVELOPMENT INC; 88-408769; Public Facilities Fee Agreement/ReleaseRecording Reques d By
and Return . ^:
CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, CA -92008
88 M587-&9
RELEASE OF AGREEMENT
TO PAY FEES FOR FACILITIES AND IMP
AS REQUIRED.BY GROWTH MANAGEMENT SYSTEM
PLEASE TAKE NOTICE that the Agreement for Payment of Fees for
Facilities and Improvements as Required by Growth Management System
between the City of Carlsbad and Caliber Debelopment, Inc. (87-55)
RF4.00
AR2.00
MG1.00
required by an Application for PC-87-100
04/15/87
and recorded on
_, as Document No. 87-204034 is hereby
released for the following reason:
Fees Paid and Obligation Satisfied
Application Withdrawn
Other Tenant Improvement - Fees not applicable
DA i ED : July 28. 1988
A i iE5 i :
ALETHA L. -RAUTENKRANZ
City Clerk
APPROVED AS TO FORM:
CITY OF CARj^BAD
By: /fU
MARTIN OK EN Y,
Community Develocment Director
BY RQNAI..O R. BALL
10 2
STATE OF CALIFORNIA )
) ss .
COUNTY OF SAN DIEGO )
On , before me the undersigned, a
Notary Public in and for said State, personnally appeared Aletha L.
August 10. 1988
Rautenkranz known to me to be the City Clerk
of the City of Carlsbad, a Municipal Corporation of the State of California,
known to me to be the person who executed the within instrument on behalf
of said Municipal Corporation, and acknowledged to me that such City of
Carlsbad, California, executed the same.
WITNESS my hand the the official seal.
KAREN R. KUNDTZ |
NOTARY PUBLIC-CALIFORNIA J
SAN DIEGO COUNTY *
My Comm. Exp. Sept. 27, IW9 *
J^tary^obljlc
87 204034
tf 740RECORDING REQUESTED BY AND }
WHEN RECORDED MAIL TO: )
)
CITY OF CARLSBAD )
1200 Elm Avenue )
Carlsbad, Cali-fornia 92008 )
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15 AH 9*-51
Space above this Tine for Recorder's
L^aA^miicnwOr^^"~^3^ig^TS ^c£ * -**K ~
useRF y
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Signature of declarant determining
tax-firm name
City of Carlsbad
Parcel No.
AGREEMENT
AGREEMENT TO PAY INCREASED FEES
FOR DEVELOPMENT MANAGEMENT SYSTEM
of
This Agreement is made and entered into this _/JT_Vday
L-CLW 1986, by and between the City of Carlsbad,
California, a Municipal Corporation of the State of California,
hereinafter referred to as "City" and
( r
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 "?O\
I CX^A. jin the City of Carlsbad, and referred to as
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.
f
, 741 .
C. On January 21, 1986, the City 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 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 , . 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
-2-
742
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.
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.
-3-
743
5. In addition to the other remedies available to the
City, it is he'reby 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 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
—4—
744
receipt by Developer. Notices required to be given to Developer
shall be addressed as follows:
?0 I
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
1 1 . 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 \g^day of S^NfN - _^f^ . • 1986.
DEVELOPER
(Notarial acknowledgement of
execution by DEVELOPER must
be attached.)
CITY OF CARLSBAD
A Municipal Corporation of
the State of California
by:
APPROVED AS TO FORM:
MARTIN ORENYAK,CoiftSO Dev. Director
for F. D. ALESHIRE, City Manager
Q,
VINCENT F. BIONDO, JR., City Attorney
ATTEST:
STATE OF CALIFORNIA
COUNTY OF ORANGE
745ss.
On thislS^ day of MXY^Ju , in the year\«ter7, before me,
a Notary Public in and for said State, personally appeared James R.
Bosler, personally known to me (or proved to me on the basis of
satisfactory evidence to be the person who executed the within
instrument as President on behalf of Caliber Development, Inc., the
corporation therein named and acknowledged to me that said corporation
executed the within instrument pursuant to its bylaws or a resolution
of its board of directors, said corporation being known to me to be one
of the partners of Carlsbad Pacific Center One, Ltd., a California
limited partnership, the limited partnership that executed the within
instrument, said partnership being known to me to be one of the partners
of Pacific Center Associates, the general partnership that executed
the within instrument, and acknowledged to me that such corporation
executed the same as such partner and that such partnerships also
executed the same.
WITNESS my hand and official seal.
OFFICIAL SEAL
SHARIA L MC GINNIS
NOTARY PUBLIC - CALIFORNIA
ORANGE COUNTY
My comm. expire* Ml 29,
^I:!5V"~VOwAj[/^^ <r^.
Notary Public