HomeMy WebLinkAboutPC 86-154; Hughes North County Assoc; 90-179982; Public Facilities Fee Agreement/Release90f 7*tif
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Recording Requested By
and Return To: ; VERA LJJ^tfL I
CITY OF CARLSBAD j Jp^-^^ htCOmitK J
1200 Elm Avenue
Carlsbad, CA 92008
RELEASE OF AGREEiVlENT
TO PAY FEES FOR FACILITIES AND IIVIPROVEMENTS
AS REQUIRED BY CROWTH MANAGEMENT SYSTEM
PLEASE TAKE NOTICE that the Agreement for Payment of Fees for
Facilities and Improvements as Required by Crowth Management System
between the City of Carlsbad and Hughes North County Associates
(87-196)
required by an Application for PC-86-154
9/23/87 '
and recorded on
, as Document No. 87-539135 is hereby
released for the following reason:
I I Fees Paid and Obligation Satisfied
[ J Application Withdrawn
Other Zone 1 Fees not applicable
DATED: March 23, 1990
CITY OF
Community Development Director
ATTEST:
IETHA L. RAUTENKRANZ y ALET
City Clerk
APPROVED AS TO FORM:
VINCENT F. BIONDO, JR.
City Attorney
By
i095
STATE OF CALIFORNIA )
) s s .
COUNTY OF SAN DIEGO )
On March 27, 1990 , before me the undersigned, a
Notary Public in and for said State, personnally appeared Aletha L.
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.
OFf-ICIAl SEAL
KAREN a KUNDTZ
NOTARV ?U8LIC • CALIFORNIA
PSiNCIPAL OFFICE IN
SAN OIEGO COUNTY
My. Comm. Expi Sept. 27.1993
^ .0'>. 114
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OFFICI OF SAH D
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RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO )
no,' crD
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1
CITY OF CARLSBAD )
1200 Elm Avenue )
Carlsbad, CA 92008 )
!
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Space above this line for
Recorder's use.
Documentary transfer tax: $ No
Fee
Signature of declarant
determining tax-firm name
CITY OF CARLSBAD
Parcel No. ' SO/^&^
MG /.
AGREEMENT TO PAY FEES FOR
FACILITIES AND IMPROVEMENTS AS
REQUIRED BY GROWTH MANAGEMENT SYSTEM
This Agreement is made and entered into this ^ day
of y/^^^^^i^L.^/^^ . 1987, by and between the City of Carlsbad,
California, a Municipal Corporation of the State of
California, hereinafter referred to as "City" and HUGHES NORTH
general partnership
., a California mgpilBafinHh hereinafter referred COUNTY ASSOCIATES
to as "Developer".
RECITALS
A. Developer has requested that the City issue
building or other development permits pursuant to the
provisions of the Carlsbad Municipal Code for a development
located at Marron Road in the City of Carlsbad, and
referred to as ^^^^^ County Plaza (as shown on Specific Plan 187)
B. On ^^y^/^ Developer entered into an
agreement with the City to pay Public Facilities Fees of 3.5
C 115
percent of the building permit valuation. A copy of the
agreement is on file with the City Clerk and is incorporated
by this reference.
C. This agreement is entered into pursuant to Section
21.90.030(c) and 21.90.040(b) of the Carlsbad Municipal Code.
Developer acknowledges that the agreement to pay the
additional or increased fees and to otherwise participate in
the construction or financing of construction of public
facilities and improvements as specified in this agreement is
voluntary but that without this agreement would be precluded
from obtaining building and other development permits by
operation of Section 21.09.030 of the Carlsbad Municipal
Code. Developer has chosen to obtain building permits under
the provision of Section 21.90.030(c) of the Carlsbad
Municipal Code and in consideration of the issuance of
building or other development permits. Developer hereby
enters into this agreement and waives any rights to challenge
such fees.
D. Developer recognizes that Section 21.90.050
establishes a local facilities management fee which shall be
used to pay the cost of providing facilities and improvements
which are identified in the citywide facilities and
improvements plan and in the applicable local facilities
management plan, but are not paid from other sources.
Developer further recognizes that certain other fees, such as
traffic impact fees, have been or may be adopted for the area
of the City in which the developer's project is located.
u 116
Developer agrees to pay those fees.
NOW, THEREFORE, in consideration of these Recitals and
the issuance of building or other development 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 the fees identified by
the City Council as necessary to pay for the cost of
providing the improvements or facilities which are listed in
Sections 21.90.090 and 21.90.110 of the Carlsbad Municipal
Code and which are adopted pursuant to Section 21,90.050, or
any other provision of law. These fees include, but are not
limited to, public facilities fees, traffic impact fees,
bridge and thoroughfare fees, park fees and the fee imposed
under Section 21.90.050. Payment shall be due thirty (3 0)
days from the date each fee is established. This agreement
applies to fees adopted on or before July 20, 1988 or
concurrently with the adoption of the appropriate local
facilities management plan, whichever occurs first.
Developer hereby waives any rights to pay the fees referred
to herein under protest and that any protest shall
immediately subject the project to the provisions of Section
21.90.030(a) of the Carlsbad Municipal Code.
3. Developer agrees to construct, or participate in
financing the construction of, public facilities and
improvements identified in the citywide facilities and
improvements plan or the local facilities management plan to
the extent that those facilities or improvements are
117 ^
allocated to developer's property or project and are not
financed by the fees referenced hereto.
4. Developer agrees to prepare or participate in the
preparation, as determined by the City Council, of the local
facilities management plan for the zone in which development
is located.
5. City agrees to issue building and other development
permits pursuant to the provisions of the Carlsbad Municipal
Code Titles 18, 20 and 21 to the extent such permits comply
with applicable provisions of law.
6. In the event that the payment required by this
agreement is not made when due, the City may pursue and
remedy, legal or equitable (including those specifically
referred to herein), against the Developer and the
Developer's successors, heirs, assigns and transferees.
Without waiving its rights under this section. City, upon
request of Developer, may allow additional time to pay the
fee.
7. 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, the City may revoke the
building permit for the project or may deny or revoke a
Certificate of Occupancy for the project or both upon fifteen
(15) days written notice to Developer of the revocation or
denial.
8. The City shall not, nor shall any officer, employee
of the City, be liable or responsible for any loss or damage
0^. ' -I -I n ^
happening or occurring 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 pursuant to this agreement, regardless of the nature
of the loss or damage.
9. 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.
10. 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.
11. 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 main postage prepaid. Delivery of notices to
Developer shall be presumed to have been made on the date of
mailing regardless of receipt by Developer. Notices required
to be given to Developer shall be addressed as follows:
HUGHES NO™ COUNIY ASSOCEATES P. 0. Box 8700
Newport Beach, CA 9265&-87Q0
Notices required to be given to the City shall be addressed
as follows:
Community Development Director
CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, CA 92008
12. This agreement shall be recorded and Developer
5
119
shall pay all costs of recording.
IN WITNESS WHEREOF, we have hereunto set our hands and
seals this day of 1987.
DEVELOPER CITY OF CARLSBAD, a Municipal
• HUGHES NCKIH CGUNIY ASSOCIATES, a CA generalcorporation of the State of
Gaitit'al Pdi'uitit gen! partnership
By:
IS H. Purcell Ihcxnas
General Partner
By; A)^^^^-^0^^<^^
MARTIN ORENYAK
Community
Director
Development
STATE OF CALIFORNIA )
) ss
COUNTY OF SAN DIEGO )
On the
ot^rMStt^i-^--^ , 19?7. before
me the undersigned, a Notary Public in and for said State,
personally appeared MARTIN ORENYAK, known to me to be the
Director of Community Development of the City of Carlsbad,
California, 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 and official
/soprJOVED AS TO FORM:
RONALD R. BALL
Vincent F. Biondo, Jr.
City Attorney
(NOTARIAL ACKNOWLEDGEMENT OF EXECUTION OF OWNERS MUST BE
ATTACHED.)
120
STATE OF CALIFORNIA
COUNIY OF ORANGE
SS.
On this ^^^^ day of ^^8^^^ , 19, before me, TRISH SHEEHAN,
a Notary Public in and for said state, personally appeared Thomas H. Purcell
_-L. , known to me to be a General Partner of HUGHES
INVESTMENTS, the partnership that executed the within instrument and known to
me to be the person who executed the within instrument on behalf of said
partnership, said partnership being known to me to be a General Partuier of
HI-NC, the partnership which is known to me to be the General Partner of
HUGHES NORTH COUNTY ASSOCIATES, the partnership that executed the within
instrument, and acknowledged to me that such partnership executed the same as
such General Partner of HI-NC and that said partnership executed the same as
General Partner of HUGHES NORIH COUNTY ASSOCIATES, a partnership, and that
said last named partnership executed the same.
WITNESS ray hand and official seal.
Trish Sheehan MY
OFFICIALSEAL
TRISH SHEEHAN
bji NOTARY PUBLIC-CALIFORNIA
^ ORANGE COUNTY
'fom. EXP. FEB 12,1991