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HomeMy WebLinkAboutMS 93-10; Metropolitan Life Insurance Company; 1993-0782262; Public Facilities Fee Agreement/ReleaseDOC # 201 0-0076555 I llllllll III IIIII lllll lllll lllll lllll lllll lllll lllll lillllllllllll1111 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO City Clerk ClTY OF CARLSBAD 1200 Carlsbad Village Dr Carlsbad, CA. 92008 FEB 16,2010 3:30 PM ClFFlClAL RECURCIS JAN DIEGII COUNTY REC:CRDERS OFFICE DAVIC L. BUTLER. COUNTY RECORDER FEES. 13.00 PAGES: 2 I I SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. 212-062-06 PROJECT NO. & NAME: MS 93-101PUD 93-07 The Campus at Carlsbad RELEASE OF AGREEMENT BETWEEN DEVELOPER-OWNER AND THE ClTY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE FOR OUTSIDE THE BOUNDARIES OF COMMUNITY FACILITI-ISTRICT NO. 1 NOTICE IS HEREBY GIVEN that on September 21, 1993, the Agreement between the City of Carlsbad and Metropolitan Life Insurance Company for payment Public Facilities Fee for the above described property required by an application for a Minor Subdivision and Planned Unit Development, and recorded on November 19, 1993, as Document No. 1993- 0782262, was satisfied and is hereby released. ClTY OF CARLSBAD By: Community & Economic ~evelo~ment Director APPROVED AS TO FORM: RONALD R. BALL STATE OF CALIFORNIA COUNTY OF SAN DlEGO , On 3Cc"j'Y-Kt 27 301C' before me, -r't%'' L Jfi;4-'~ Notary Public, personally appear& C7Mq 7. fY%d G 1Q , who proved to me on the basis of satisfactory evidence to be the persono whose namew islafksubscribed to the within instrument and acknowledged to me that hels@lth@ executed the same in hisl$rlthdr authorized capacity(fi, and that by his/h#lth&rr signature@ on the instrument the person( , or the entity upon behalf of which the executed the instrument. /$I I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. m L. IK)WLEv WITNESS my hand and offlclal seal 17735~ - TL CLA, (Signature of Notary) u Rev. 1211 712007 1 RECORDING REQUESTEL 3Y AND - . - WHEN RECORDED MAIL TO: ) ic I# l?~3-07$~~~p, 19-lwJ--1993 : City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, California 92008-l 989 OFFICIAL RECORDS I $)N DIEGO COUNTY RECORDER’S DfFlCE ANNETTE EfGi COUN;;E;ECOR~ER RF: lid0 b: ?6.00 ;;i 1.00 Space above this line for Recorder’s use Parcel No. 212 -062-06 * AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FAClLlTlES FEE FOR OUTSIDE THE BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 1 THIS AGREEMENT is entered into this 2 1 st day of Sebtember ,192L by and between METROPOLITAN LIFE INSURANCE COMPANY (name of developer-owner) a New York CorDoration , hereinafter referred to as “Developer“ whose address (corporation, partnership, etc.) is 24422 Avenida de la Carlota, Laguna Hills, California 92653 (street) (city, state, zip code) and the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as “City”, whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008 1989. WITNESSETH: WHEREAS, Developer Is the owner of the real property described on Exhibit “A”, attached hereto and made a part of this agreement, hereinafter referred to as “Property”; and WHEREAS, the Property lies within the boundaries of City; and WHEREAS, Developer proposed a development project as follows: Project is already existing. on said Property, which development carries the proposed name of Form Approved By City Council July 2,1991 Reao # 91.194KJH 1 -4 and is hereafter referred to cts “Development”; and 2.172 . : 1 WHEREAS, Developer filed on the 21 s t day of September ,192L . . . with the City a requestfor a Planned Unit Develomt. and a Minnr <lulvlslnn for a Tentative Parcel Map. hereinafter referred to as “Request”; and WHEREAS, the Public Facilities Element of the City General Plan requires that the City Council find that all public facilities necessary to serve a development will be available concurrent with need or such development shall not be approved (said element is on file with the City Clerk and is incorporated by this reference); and WHEREAS, Developer and City recognite the correctness of Council Policy No. 17, dated July 2, 1991, on file with the City Clerk and incorporated by this reference, and that the City’s public facilities and services are at capacity and will not be available to accommodate the additional need for public facilities and services resulting from the proposed Development; and WHEREAS, Developer has asked the City to find that public facilities and services will be available to meet the future needs of the Development as it is presentty proposed; but the Developer is aware that the City cannot and will not be able to make any such finding without financial assistance to pay for such services and facilities; and therefore, Developer proposes to help satisfy the General Plan as implemented by Council Policy No. 17 by payment of a public facilities fee. NOW, THEREFORE, in consideration of the recitals and the covenants contained herein, the parties agree as follows: 1. The Developer shall pay to the City a public facilities fee in an amount not to exceed 3.5% of the building permit valuation of the building or structures to be constructed in the Development pursuant to the Request. The fee shall be paid prior to the issuance of building or other construction permits for the development and shall be based on the valuation at that time. This fee shall be in addition to any fees, dedications or improvements required pursuant FomApprovod 6yCttyCouncilJuly2.1991 Rosa #91-194tIcA-l 2 - 2173 to’ Titles’ 18, 20 or 21 of.the Carlsbad Municipal Code. D8V8lOp8r shall pay a fee for conversion of existing building or structures into condominiums in an amount not to 8XC88d 3.5% of the building permit valuation at the time of conversion. Th8 f88 for a condominium conversion shall b8 paid prior to the issuance of a condominium Conversion permit as provided in Chapter 21.47 of the Carlsbad Municipal Code. Condominium shall include community apartment or stock cooperative. The terms “Other construction permits”, “other COnStrUctiOn permit” and “entitlement for use” as used in this agreement, except in reference to mobilehome sites or projects, shall not refer to grading permits or other permits for the construction of underground or street improvements unless no other permit is necessary prior to the us8 or occupancy for which the development is intended. D8VelOp8r shall pay the City a public facilities fee in the sum of $1 ,150 for each mobilehome space to be constructed pursuant to the P8qU8St. The fee shall be paid prior to the issuance of building or other construction permits for the d8V8fOpm8nt. This fee shall be in addition to any fees, dedications or improvements required according to Titles 18, 20 or 21 of the Carlsbad Municipal Code. 2. The D8V8lOp8r may offer to donate a site or sites for public facilities in lieu of all or part of the financial obligation agr88d upon in Paragraph 1 above. If Developer offers to donate a site or sites for public facilities, the City shall consider, but is not obligated to accept the offer. The time for donation and amount of credit against the fee shall be determined by Clty prior to the issuance of any building or other permits. Such d8t8rminatiOn, when made, shall be- come a part of this agreement. Sites donated under this paragraph shall not include . improvements required pursuant to Tiles 18 or 20 of the Carlsbad Municipal Code. 3. This agreement and the fee paid pursuant hereto are required to ensure the consistency of the Development with the Cl’s General Plan. lf the fee is not paid as provided herein, the Clty will not have the funds to provide public facilities and services, and the development will not be consistent with th8 General Plan and any approval or permit for the DBvelopment shall be void. No building or other construction permit or entitlement for us8 shall Form Approved By Chy Council July 21991 Rosa #91-19uKJH ’ - 2 1. 7.f ’ be issued until the public facilities fee required by this agreement is paid. 4. City agrees to deposit the fees paid pursuant to this agreement in a public facilities fund for the financing of public facilities When the city COunCjl determines the need exists to provide the facilities and sufficient funds from the payment of this and similar public facilities fees are available. 5. City agrees to provide upon request reasonable assurances to enable D8V8lOp8r to comply with any requirements of other public agencies as eVid8nC8 of adequate public facilities and services sufficient to aCCOmmOdat8 the n88dS of the D8V8tOpm8nt herein described. 6. All obligations hereunder shall terminate in the event the R8qU8St made by D8V8lOp8r iS not approved. 7. Any notice from one party to the Other shall be in writing, and shall be dated and signed by the party giving such notice or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in one of the following manners: 7.1 If notice is given to the City of personal delivery thereof to the City or by depositing same in the United States Mail, addressed to the City at the address set forth herein, enclosed in a sealed envelope, addressed to th8 City for attention of the City Manager, postage prepaid and certified. 7.2 tf nOtiC iS giV8n t0 D8VelOper by perSOnal delivery th8r8Of to D8V8lOp8r Or by depositing the same in the United states Mail, enclosed in a sealed envelope, addressed to D8V8lOper at the address as many have been designated, postage prepaid and Certified. 8. This agreement shall be binding upon and shall inure to the benefit of, and shall apply to, the respective succ8ssors and assigns of D8V8lOper and City, and references to Developer or City herein shall be d88m8d to b8 a reference to and include their respective successors and assigns without specific mention of such successors and assigns. lf Developer should cease to have any interest in the Property, all obligations of Developer hereunder shall Form Approved By ClIy Council July 2.1991 Roao # 91-194/ICJH 4 * , z,iy;, . . . . t&rmin&; provided, however, that any successor to D8V8lOp8r’S interest in ihe property shall have first assumed in writing the Developer’s obligations hereunder. 9. This agreement shall be recorded but shall not create a lien or security interest in the Property. When the obligations of this agreement have been satisfied, City shall record a release. . . . . . . Form Approved Sy City Counoil July 51991 Rem II, 91.194lKlH 5 ’ - 2.176 -. ’ . Ik WlTNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first DEVELOPER-OWeRj CllY OF CARLSBAD, a municipal corporation of the State of California - for City Manager BY (signature) (print name) (title) . ATTEST: ‘I Li!aJcdw ALETHA L RAUTENKRANZ, City Clerk APPROVED AS TO FORM: RONALD R. BALL, Cii Attorney BY 1 Deputy City Attom& (Notarial acknowledgement of execution of DEVELOPER-OWNER must be attached.) F~Appr0v.d 8yCHyCouncllJuty2,1991 Ra8o#91-1wKJH CA1 ICnRUIA AI I ,DIIPDnRC AflKUnWI CR#SUCUT No. 5193 -State of ^ L / FOR Al /t--> County *of @ titi 6 F J ’ OfI-l!!b&Q beforeme, n/;kL, x lyi ,L/O Wei’(/ , DATE NAME, TITLE OF OFFICER - E.G., “JANE DOE, NOTATE’ PUBLIC personally appeared c5vivL- 7 /+ 4. 3 w&4/Z , NAME(S) OF SIGNER(S) 0 personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) are subscribed to the within instrument ac- signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and of&!al seal. 01992 NATIONAL NOTARY ASSOCIATION l 8236 Remmet Ave., P.O. Box 7184 l Canoga Park, CA 91309-711 B4 - OPTiONAL SECTION - CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. q INDIVIDUAL CORPORATE OFFICER(S) m-T ai=FlcerC TITLE(S) q PARTNER(S) q LIMITED 0 GENERAL 0 ATTORNEY-IN-FACT q TRUSTEE(S) 0 GUARDIAN/CONSERVATOR Cl OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTlTY(IES) h5+7&$%L,TN L / F E SIGNATURE OF NOTARY u I OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT THE DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES DATE OF DOCUMENT ’ Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. SIGNER(S) OTHER THAN NAMED ABOVE . , . 0 h 2.2 78 EXHIBIT “A” LEGAL DESCRIPTION THE IAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: LOT 14 OF CARLSBAD TRACT NO. 81-l 0 UNIT 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 10330, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 18, 1982. ” TOGETHER WITH ALL RIGHTS AND BENEFITS, CREATED, EXISTING AND/OR GRANTED AS AN APPURTENANCE OR INTEREST IN REAL PROPERTY, PURSUANT TO THE THIRD AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF CARLSBAD RESEARCH CENTER, RECORDED JUNE 29,1988, AS FILE NO. 88-313420 OF OFFICIAL RECORDS.