HomeMy WebLinkAboutPC 86-450; HUGHES NORTH COUNTY ASSOCIATES; 88-147208; Public Facilities Fee Agreement/ReleaseRecording Requesv ;d By
and Return - ,.:
CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, CA 92008
Oo 63
RELEASE OF AGREEMENT
TO PAY FEES FOR FACILITIES ANC IVI11
AS REQUIRED BY GROWTH MANAGEMENT SYSTEM
RF6.00
AR2.00
MG 1.00
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 Hughes North County Associates
required by an Application for PC 86-450
12-18-86
released/for the following reason:
and recorded on
, as Document No.86-595949 js hereby
y Fees Paid and Obligation Satisfied
Application Withdrawn
Other
DATED: 3-17-88
ATTEST:
iBAD
MARTIN
Community Development Director
ALETHA L. -RAUTENKRANZ \
City Clerk
APPROVED AS TO FORM:
*0(^OVED AS TO FORM:
VINCENT F. B.ONDO, J R .VIN6^T F. BIONDO, JR., C«TY ATTORNEY
City Attorney ^ - v^nti
By
BY _.-__£>— ^,^..,,/:T>
RONALD R. BALL
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
On March 28, 1988 , 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.
******************************
* y^ESr&v OFFICIAL SEAL
* femi^ KAREN R. KUNDTZ
* TO?2lSE7 NOTARY PUBLIC-CALIFORNIA
* xfflSX SAN DIEGO COUNTY
* •^gge" ^ Comm. Exp. Sept. 27, 1989
************************,****
87- 561095
Recording Requested By
and Return To:
CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, CA 92008
1931
RELEASE OF AGREEMENT
138? OCT -5 AH It: t. 2
Vhr'A L.LYl r,
COUN 1 Y HLUOKDL'K
TO PAY FEES FOR FACILITIES AND IMPROVEMENTS
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 Hushes North County Associates
RF.
AR 2.00
MG 1.00
9
}
required by an Application for PC 86-450 (North County Plaza)
and recorded on
December 18, 1986 , as Document No. 86-595949 is hereby
released for the following reason:
[ I Fees Paid and Obligation Satisfied
J Application Withdrawn
X| Other New agreement filed
DATED: September 21, 1987
CITY OF CARLSBA
By
ATTEST:
MARTIN ORETCYAK (_}
Community Development Director
MICHAEL J. HOLZMILLER
Acting Community Development Director
ALETHA L. RAUTENKRANZ
City Clerk
APPROVED AS TO FORM:
VINCENT F. BIONDO, JR.
City Attorney
STATE OF CALIFORNIA )
) ss
COUNTY OF SAN DIEGO )
1932
On September 30, 1987 , before me the undersigned, a
Notary Public in and for said State, personally appeared Aletha L.
, known to me to be theRautenkranz 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 official seal.
OFFICIAL SEAL *
KAREN K. KUNDTZ J
NOTARY PUBLIC-CAUFO*NIA *
SAN DIEGO COUNTY *
My Comnn. Exp. Sept. 27, 1989 J
CITY OF CARLSBAD
Inter-Office Correspondence
TO:
FROM
CITY CLERK
: DEVELOPMENT PROCESSING SERVICES
SUBJECT: AGREEMENT TO PAY FACILITIES AND
IMPROVEMENTS
OFFICE: DPS
DATE: 9/10/87
MESSAGE:
Agreement to pay facilities and improvements as required by growth management systems,
dated October 20, 1986.
Recorder's File Number 86-595948 Hughes Investments recorded 12/18/86. vx"" 8(f " 8 &
Recorder's File Number^86-59594|)Hughes Investments recorded 12/18/86. ^~
Recorder's File Number 87-270165 Hughes Investments recorded 5/15/87. <^~ '" ''
Reason: New Agreements Filed.
Please notify Siemon, Larsen & Marsh at 714-752-1538.
Attachment^';No Reply requested:
Signature = xfc£.
REPLY •'9/21/87 Helen, please have Marty 0. sign these and return to me for
further processing. If Marty has left on vacation already
you will need to find out who is signing these for him.
In the future these won't be coming back to you for Marty's
signature, but I don't know who to send them to until Helene
comes back.
Thanks, Kathleen
Date:Signature:
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, California 92008
595949
RECORDED IN
OFFICIAL Fit CORDSiEGOCGDNIY, CA.|
1838 DEC 18 AH 9' 25
VERA L. LYLE
COUNTY RECORDER AR
MG /
Space above this line for Recorder's use
Bocumentary Luibfer tax;$TSvt30
A
Signature of declarant determining
tax-firm name
City of Carlsbad
Parcel No.
AGREEMENT
AGREEMENT TO PAY FEES FOR FACILITIES AND
IMPROVEMENTS AS REQUIRED BY GROWTH MANAGEMENT SYSTEM
This Agreement is made and entered into this 20th day
of October 1986, by and between the City of Carlsbad,
California, a Municipal Corporation of the State of California,
hereinafter referred to as "City" and HUGHF.S NORTH COUNTY ASSOCIATES
a California general partnership hereinafter referred 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 east of Jefferson
Street and Marron Rd. intersection in the City of Carlsbad, and
referred to as NORTH COUNTY PLAZA
B. On September 9, 1982 Developer entered into an
agreement with the City to pay Public Facilities fees of 2.5
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 developer would be precluded from
obtaining building and other development permits by operation of
Section 21.90.030 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. 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:
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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 Chapter 21.90 of the Carlsbad Municipal Code, 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 30 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 his right to challenge said fees.
Developer further 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 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 wh'ich development is
located.
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1524
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 any 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 underi
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 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
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.
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.
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#
1525
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 mail
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 NORTH COUNTY ASSOCIATES
c/o HUGHES INVESTMENTS
P. 0. Box 8700
Two Corporate Plaza, Suite 250
Newport Beach, CA 92660
Notices required to be given to the City shall be addressed as
follows:
City of Carlsbad
1200 Elm Avenue
Carlsbad, CA 92008
Attn: Community Development Director
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 2,0thday of October t 1986.
DEVELOPER
By: HUGHES NORTH COUNTY ASSOCIATES, a California
general partnership
By: HUGHES INVESTMENTS, a California general
partnership,General Partner
By: Thomas H. Purcell, General Partner
1527
CITY OF CARLSBAD
A Municipal Corporation of
the State of California
by:
MARTIN ORENYAK, ^jrnrnunity
Development Director
APPROVED AS TO FORM:
( cb^e**-
VINCENT F. BIONDO, JR., City Attorney
ATTEST:
CM
S
STATt Oh CALIFORNIA
COUNTY OF ORANGE >SS.1526
.On this_2QltL _day nf October _, in the year 1986,
before me, the undersigned, a Notary Public in and for said County and State,
personally appeared Thomas H. Purcell ,
personally known to me (or proved to me on the basis of satisfactory evidence)
to be the personfs) that executed the within instrument on behalf ofHUGHES INVESTMENTS >
a partnership, and acknowledged to me that he (she) (they) executed the sameas partner(s) of the partnership first above named, that said partnership ex-
ecuted it on behalf of HUGHES NORTH COUNTY ASSOCIATES
and that said last named partnership executed it.
Signature v.^—-Notary Public in and hjTsaid County and State
FOR NOTARY SEAL OR STAMP
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