HomeMy WebLinkAboutMS 93-10; Metropolitan Life Insurance Company; 1993-0782262; Public Facilities Fee Agreement/ReleaseDOC # 201 0-0076555
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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.