HomeMy WebLinkAboutPIP 87-04; M I I Partners; 88-418119; Public Facilities Fee Agreement/ReleaseRecording Requested By 0-1338
and Return T
CITY OF CAft^tfSBAD
1200 Eim Avenue
Carlsbad, CA 92008
8 41 8 II 9
••CORDS
RELEASE OF AGREEMENT 88 6US 23 ^fiH !l» 0
TO PAY FEES FOR FACILITIES AND IMPko^fllfe^Ufi
AS REQUIRED BY GROWTH 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 Carisbad and M.I.T. Partners (87-203) .
required by an Application for PIP-87-4
10-08-87
and recorded on
as Document No. 87-569386 is hereby
released for the following reason:
(^QJ Fees Paid and Obligation Satisfied
( 1 Application Withdrawn
I I Other
DATED: 8/12/88
A I 1 ES'
CITY OF CARLSSAD
^ MARi IN ORENYAK \^
%\>> Community Developme.nt Director
ALETHA L. RAUTENKRANZ J
City Clerk
APPROVED AS TO FORM: APPROVED AS TO FORM:
F. BIONCK), JR.,/
VINCENT F. BIONDO, JR.
City Attorney
By
RONALD BALL
0 1339
STATE OF CALIFORNIA )
) s s.
COUNTY OF SAN DIEGO )
On August 17, 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.
******************* ******«***)j<
aKFrCIAL SEAL J KAREN R. KUNDTZ
SAN DIEGO COUNTY *
My Comm. Exp. Sept. 27, 1989 J
******************************
1653
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, California 92008
56 9 3 86
138? CCI -8 PI! h
yCHA I LYl L
COUHI Y REC0R[3i:H
Space above this line for Recorder's use
Documentary transfer tax:(^'liaai-00
Signature of declarant determining
tax-firm name
City of Carlsbad
Parcel No. Z^f - C>f/-^P^
AGREEMENT
AGREEMENT TO PAY FEES FOR FACILITIES AND
IMPROVEMENTS AS REQUIRED BY GROWTH MANAGEMENT SYSTEM
This Agreement is made and entered into this 15th day
of September 1987, by and between the City of Carlsbad,
California, a Municipal Corporation of the State of California,
hereinafter referred to as "City" and M.I.I.PARTNERS
a 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 at
Lot 20, Dryden Place in the City of Carlsbad, and
referred to as MII Site »
B. On September 15,19 87, Developer entered into an
agreement with the City to pay Public Facilities fees of 3.5
percent of the building permit valuation. A copy of the
agreement is on file with the City Clerk and is incorporated by
this reference
11^
^ . 1654 ^
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 developm.ent permits by the
City; Developer and City agree as follows:
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1655
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 lim.ited 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 which development is
located.
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^ 1656 ^
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 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 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 buildinq for the
exercise of any of the remedies provided to the City purusant to
this aqreement, regardless of the nature of the loss or damage.
9. This aqreement 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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' - 1657
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
reguired 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 mailinq regardless of
receipt by Developer. Notices required to be qiven to Developer
shall be addressed as follows:
MII PARTNERS
Suite 101, 11300 Sorrento Valley Road
San Diego, CA 92121
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 IStMay of September r 1987.
DEVELOPER : M.I.I. PARTNERS
A California General Partnership
By: BENCHMARK PACIFIC, LTD.
A California Limited Partnership
By: General Partner
-5- BY: BENCHMARK PACIFIC, INC.
A California Corporation
Its Ge/r^al Partner
BY:
1658
CITY OF CARLSBAD
A Municipal Corporation of
the State of California
by:
MARTIN ORENYAK, %mmunity
Development Director
APPROVED AS^'fO ¥dRIVfi - l:
yV--fl^ F. BIOHOU, .JR., Cn^TTORNEY
RONALD R. BALL
VINCENT F. BIONDO, JR., City Attorney
ATTEST
ALETHA L. RAUTENKRANZ, City fijierk
(SEAL)
-6-
1659
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
) ss
On September 15, 19 87 , before me, the undersigned, a
Notary Public in and for said State, personally appeared
D. M. AVIS, 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 BENCHMARK
PACIFIC, INC., the corporation therein named as General Partner
of BENCHMARK PACIFIC, LTD., a California Limited Partnership,
and acknowledged to me that said Corporation executed the
within instrument pursuant to its by-laws or a resolution of
its Boad of Directors, as General Partner on behalf of said
Limited Partnership, said Limited Partnership being known to
me as one of the General Partners of M.I.I. PARTNERS, the
General Partnership that executed the within instrument, and
acknowledged to me that such Limited Partnership executed the
same as General Partner and that such General Partnership
executed the same.
WITNESS my hand and official seal
OFFICIAL SEAL
RUTH A. BESECKER
NOTARY PUBUC - CAUFORNIA
SAN DIEGO COUNTY
My Comm. Expires Nov. 29, 1988