Memorandum of Understanding 1992-0560734Recording Requested by and
When Recorded Mail to:
CITY CLERK'S OFFICE
CITY OF POWAY
P O BOX 789
POWAY CA 92074 -078$
1 onr) -A560 f 34
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37 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
ANNETTE EUANS, COUNTY RECORDER
RF: 10.00 FEES 31.50
AF: 1`.00
MF: 1.00
CF: 5.50.,
i 0 7t t- ALS [Above space for recorder's use only]
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding is entered into as of
/7 , 1992, by and between McMillin Equity Partners II
( "M II ") and the City of Poway ( "Poway ").
1. This Memorandum of Understanding is entered into in
contemplation of and with reference to the following facts:
a. MEP II is owner and developer of real property
located in Poway and in the County of San Diego, California,
known as the McMillin South Poway project ( "Project "), and
more particularly described in Exhibit "A" attached hereto and
incorporated herein by reference.
b. On May 15, 1990, the City Council of Poway ( "City
Council ") approved and adopted Resolution No. P- 90 -35,
approving, subject to a set of conditions, Tentative Tract Map
88 -04R ( "TTM 88 -04R ") for development of the Project.
C. Within 30 days after receiving approval of TTM 88-
04R, in full satisfaction of Sewer Condition of Approval No.
2 of Resolution No. P -90 -35 ( "Condition No. 2 "), MEP II
applied to Poway for a Letter of Availability of Sewer Service
( "LOA ") and posted with Poway a reservation fee equal to 20%
of the appropriate sewerage connection fee. Poway issued LOA
No. 193 to MEP II on June 22, 1990.
d. Poway Ordinance No. 83 governs reservation of
sewerage capacity and the payment of connection fees for
service. Section 2 of Ordinance No. 83 provides that,
"Where applicant's project is a tentative tract or
parcel map, it shall be subject to all provisions
of this ordinance except the time limitations of
Section 1.2 [two years]. In such case, the City
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