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HomeMy WebLinkAbout1986-06-10; City Council; Resolution 85981 1 1, 1: 12 l! 1( 1' It 15 2( 21 22 2z 24 25 26 27 28 WHEREAS, there has beensubmitted at this time by the Property Owners, in executed form Assessment District Initiation e RESOLUTION NO, 8598 A RESOLUTION OF THE CITY COUNCIL OF THE CERTAIN WAIVER AGREEMENTS CITY OF CARLSBAD, CALIFORNIA, APPROVING WHEREAS, The City Council of the City of Carlsbad, California has been presented by certain property owners with a request to consent to allow said properties to be included in a City of Vista assessment district known as: ASSESSMENT DISTRICT NO. 86-1 (RACEWAY BASIN) (herinafter referred to as the "Assessment District"); and, and Waiver Agreements; The above Agreement is now ready for approval and execution by the Mayor and City Clerk. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: 1. That the above recitals are all true and correct. 2. That the City Council does hereby approve and ' authorize the Mayor to execute the attached hereto and made a part thereof. /// /// /// /// /// /// /// 1 1 1 1 1 1 11 1' 1I 1: 2( 21 22 2: 24 25 26 27 28 PASSED, APPROVED and ADOPTED at a regular meeting of , 1986, the City Council held on the loth day Of June the following vote, to wit: AYES: NOES: None ABSENT: None Council Members Casler, Lewis, Kulchin, Chick and Pettin +d&&- MARY H./' ASLER, Mayor ATTEST : &dkA ALETHA L. RAUTENKRANZ, City qlerk (SEAL), ? ASSESSMENT DISTRICT INITIATION AND WAIVER AGREEMENT THIS AGWEMENT, entered into this 1986, by and between the CITY OF CARLSBAD, CALIFORNI corporation (hereinafter referred to as "City") and Owner" ) . Ha s,.&,g&,~ /l/U& --- 6 2 74 ?EM ;-5 CC?, , (hereinafter referred to as "Property WHEREAS, Property Owner is expressly petitioning and requesting that city consent to special assessment proceedings pursuant to the pro- visions of the "Municipal Improvement Act of 1913" Streets and Highwzys Code of the State of California) to fo-rin a special assessment district for the purpose of financing and constructing certain public improvements that will be of a benefit to the property owned by Property Owner, said special assessment district to be known and designated as ("Assessment District") : and, (Division 12 of the Assessment B'istrict No. 86-1 (Raceway Basin) WHEREAS, City is willing to consent to said special Assesssment District pursuant to the request of Property Owner, and it is further acknowledged by both City and Property Owner that City has not promoted or initiated the special assessment proceedings and it is further , acknowledged that Property Owner has not been required by City to utilize said special assessment district financing and that alternate forms of financing the public facilities are available to Property Owner; and, WHEREAS, it is further acknowledged by both City and Property Owner that certain of the costs and expenses for the special assessment proceedings will be assessed to the benefiting properties owned by Property Owner; and, WHEREAS, it is further acknowledged by both City and Property Owner that by initiating the proceedings for this Assessment District that the Property Owner does not have any present and/or future vestings to land use or clange of land use, and that the Assessment District proceedings, subsequent confirmation of assessment and resulting liens do not in any way guarantee any rights to develop said property, and Property Owner is a volunteer to the initiation of said proceedings: and, WHEREAS, it is further acknowledged that City is developing at this time a Growth Management and Public Facilities Management System, which program may result in significant changes in existing land use and densities; and, WHEREAS, it is also acknowledged that an initiative petition is being circulated to be considered by the voters in November, and if adopted, said initiative would limit the residential units to be constructed, within the City to 1,000 residential dwelling units in 1987, 750 res- idential dwelling units in 1988, and 500 residential dwelling units each year thereafter through 1996; and WHEREAS, the property owned by Property Owner (the "Property") and included within the boundaries of this Assessment District 1s that ~- property as set forth and described in the attached, referenced and incorporated Exhibit "A". I. NOW, THZFEFORE, IT IS MUTUALLY AGEIEED AS FOLLOWS: -. . , .SECTION 1. The above recitals are all true anh correct. SECTION 2. SECTION 3. SECTION 4. SECTION SI SECTION 6. SECTION 7. SECTION 8. SECTION 9. Property Owner acknowledges that City is developinq a Growth Management and Pub1 ic Facilities Management System, which may result in significant changes in exising land uses and could reduce densities, and it is further acknowledged .that all residential property within the Property may be subject to any successful initiative land development requirements. Property Owner acknowledges that through Property Owner's request for initiation of proceedings and City's acquiescence to the proceedings, that Property Owner does not gain or develop any vested rights to further development, land use or zone change to the Property. Property Owner hereby waives any right, entitlement or claim which Property Owner has or may have resulting from any public infra-structure facilities constructed utilizing assessment district financing. Neither the establishment of an assessment district, the levy of assess- ments, the issuance of bonds, the payment of assessments, nor any combi- nation thereof, shall create in the Property Owner any vested right or entitlement to develop the Project either in accordance with the existing land use of the Property or any other particular level, type or intensity of land use. Property Owner hereby waives any cause of action and agrees to forebear from bringing suit against the City, its officers and/or employees, seeking to enforce any right, entitlement or claim or seeking montary dmaa- ps or any other form of equitable or other relief whatsoever, related to the formation of the Assessment Dist'rict. , -- This Agreement may not be amended except by written instrument executed by the parties hereto. The terms and provisions of this Agreement shall be binding upon and inure to the successors, assigns and beneficiaries of the parties. Upon execution of this Agreement by the patties hereto, the City Shall cause this Agreement to be recorded in the Office of the County Recorder of the County of San Diego. SECTXON 10. In the event that any legal proceedings are instituted by the City to. enforce any term or provision of this Agreement, the City shall be entitled to recover its attorney's fees and costs from the Property Ownel-. .. 1 c IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto on the day and year first written above. CITY OF CARLSBAD "CITY" ATTEST: ALETHA L. R~UTENKRANZ , cit-y--cle&- APPROVED AS TCb'i Property Owners acknclwledggnent herein is absolutely conditioned upan review and appraval of the final munts determined by the proposed Assesswnt Distxict, which arm" will constitute a lien on the.subject property. MARY H.kASLER, Mayor ASSESSMENT DISTRICT INITIATION AND WAIVER AGREEMENT THIS AGREEMENT, entered into this :L .+k day of ! 9) $*- , 1986, by and between the CITY OF CARLSBAD, CALIFORNIA, a\ lclpa cyrporation (hereinafter referred to as "City") and T 14 )2 fi I Owner") . 'L. rii r',lr!- /- (LE I?J /r I t3 , (hereinafter referred to as "Property WHEREAS, Property Owner is expressly petitioning and requesting that City consent to special assessment proceedings pursuant to the pro- visions of the "Municipal Improvement Act of 1913" (Division 12 of the Streets and Highways Code of the State of California) to form a special assessment district for the purpose of financing and constructing certain public improvements that will be of a benefit to the property owned by Prcperty Owner, said special assessment district to be kimwn and designated as ("Assessment DistrLct") ; and, Assessment District No. 86-1 (Raceway Basin) WHEREAS, City is willing to consent to said special Assesssment District pursuant to the request of Property Owner, and it is further acknowledged by both City and Property Owner that City has not promoted or initiated the special assessment proceedings and it is further acknowledged that Property Owner has not been required by City to utilize said special assessment district financing and that alternate forms of financing the public facilities are available to Property Owner; and, WHEREAS, it is further acknowledged by both City and Property Owner that certain of the costs and expenses for the special assessment proceedings will be assessed to the benefiting properties owned by Property Owner; and, WHEREAS, it is further acknowledged by both City and Property Owner that by initiating the proceedings for this Assessment District that the Property Owner does not have any present and/or future vestings to land use or change of land use, and that the Assessment District proceedings, subsequent confirmation of assessment and resulting liens do not in any way guarantee any rights to develop said property, and Property Owner is a volunteer to the initiation of said proceedings; and, WHEREAS, it is further acknowledged that City is developing at this time a Growth Management and Public Facilities Management System, which program may result in significant changes in existing land =e and densities; and, WHEREAS, it is also acknowledged that an initiative petition is being circulated to be considered by the voters in November, and if adopted, said initiative would limit the residential units to be Constructed, within the City to 1,000 residential dwelling units in 1987, 750 res- idential dwelling units in 1988, and 500 residential dwelling units each year thereafter through 1996; and WHEREAS, the property owned by Property Owner (the "Property") and included within the boundaries of this Assessment District is that property as set forth and described in the attached, referenced and incorporated Exhibit "A". 1'3 NOW, THEREFORE, IT IS MUTUALLY AGXED AS FOLLOWS: a. . -SECTION 1, The above recitals are all true and correct, SECTION 2. SECTION 3. SECTION 4. SECTION 5. . SECTION 6. SECTION 7. SECTION 8. SECTION 9. ProDerty Owner acknowledges that City is developinq a Growth Management and Pub1 ic Facilities Management System, nhich may result in significant changes in exising land uses and could reduce densities, and it is further acknowledged ,that all residential property within the Property may be subject to any successful initiative land development requirements. Property Owner acknowledges that through Property Owner's request for initiation of proceedings and City's acquiescence to the proceedings, that Property Owner does not gain or develop any vested tights to further development, land use or zone change to the Property. Property Owner hereby waives any right, entitlement or claim which Property Owner has or may have resulting from any public infra-structure facilities constructed utilizing assessment district financing. Neither the establishment of an assessment district, the levy of assess- ments, the issuance of bonds, the payment of assessments, nor any combi- nation thereof, shall create In the Property Owner any vested right or entitlement to develop the Project either in accordance with the existing land use of the Property or any other particular level, type or intensity of land use, Property Owner hereby waives any cause of action and agrees to forebear from bringing suit against the City, its officers and/or employees, seeking to enforce any right, entitlement or claim or seeking montary damages of any other form of equitable or other relief whatsoever, related to the formation of the Assessment District. This Agreement may not be amended except by written instrument executed by the parties hereto. The terms and provisions of this Agreement shall be binding upon and inure to the successors, assigns and beneficiaries of the parties. Upon execution of this Agreement by the parties hereto, the City sfid11 cause this Agreement to be recorded in the Office of the County Recorder Of the County ~f San Diego. SECTION 10. In the event that any legal proceedings are instituted by the City to, enforce any term or provision of this Agreement, the City shall be entitled to recover. its attorney's fees and costs from the Property Owner. *. IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto on the day and year first written above. CITY OF CARLSEAD "CITY" MARY H. &ASLER, Mayor ATTEST :