HomeMy WebLinkAboutBuie Corporation; 1987-07-09;AGREEMENT
RELATING TO EXPIRATION OF CT-82-12,
CARLSBAD HIGHLANDS
This Agreement is entered into on /^L # / 1987 by and
between the CITY OF CARLSBAD, a munici^l^orporation ("City")
and the BUIE CORPORATION, a California corporation ("Buie"),
based on the following
RECITALS;
A. On September 7, 1982, City tentatively approved
Carlsbad Tract 82-12, Carlsbad Highlands ("Project"), an 893 unit
development pursuant to Resolution No. 6994. Subsequent to said
approval time extensions were granted on August 7, 1984 and
December 3, 1985.
B. The time extension granted on December 3, 1985 modified
and added conditions of approval to the Project. The conditions
of Resolution No. 8292 among other things require the Project to
lower the density to be in conformance with the Growth Management
Policy and Hillside Review Ordinance. However, the criteria for
the Growth Management Policy were not developed by the City until
February 17, 1987.
C. The conditions of approval for the Project also
requires the developer to provide offsite road access to City
standards, provide sewer, water and other utilities to the
Project, provide secondary access for emergency vehicles, and
construct a sewer trunk line from the property within and
including Cannon Road to the existing line at Interstate 5.
D. It may be possible to meet the sewer line construction
requirements by an Assessment District for Cannon Road confirmed
prior to the approval of the final map for the Project. The
Assessment District will require compliance with the California
Environmental Quality Act and cooperation from other affected
property owners. If the Assessment District cannot be confirmed,
the map cannot final unless Buie constructs the sewer line.
E. Buie has entered into an agreement to purchase the
Project for the purpose of complying with the conditions of
approval and ultimately constructing houses.
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F. The parties desire by this Agreement to "credit" the
time during which the Growth Management Policy was being
developed and have Buie recognize its obligation to comply with
the conditions of approval for the Project.
NOW, THEREFORE, the parties hereby agree:
1. The terms of this Agreement shall only become effective
upon acquisition of the Property by Buie. In the event Buie does
not acquire the Property, this Agreement shall have no force and
effect. Buie shall provide City with written notification of its
ownership within thirty (30) days of the date of this Agreement.
2. If effective, this Agreement shall allow the
conditionally approved Project to run until February 17, 1988.
3. Attached hereto and incorporated herein as Exhibit "A",
an Agreement to Pay Fees for Facilities and Improvements as
Required by Growth Management System, as Exhibit "B", an
Agreement Between Developer - Owner and the City of Carlsbad for
the Payment of a Public Facilities Fee and as Exhibit "C", an
Agreement Waiving Claims/Rights Pursuant to El Patio. These
Agreements have been executed by Buie as required by the
condition of Project approval and shall be recorded against the
Project upon receipt by City of the notice under Section 1 of
this Agreement.
4. Buie hereby releases and waives any rights or claims it
may have, as successor-in-interest, for conditions imposed or
processing which occurred on the Project prior to the execution
of this Agreement. Buie shall not claim or seek reimbursement
from the City if it is unable to satisfy the conditions of
approval for the Project in a timely manner. Buie agrees to
comply with all of the conditions of the tentative map as
extended.
5. This Agreement shall not preclude Buie from applying
for a time extension pursuant to the provisions of Section
20.12.110 of the Carlsbad Municipal Code prior to February 17,
1988 if such extension is available under the provision of the
Carlsbad Municipal Code.
6. Buie recognizes that it will be necessary to redesign
the Project as approved which will result in a reduction of the
allowable density. In addition to the density reductions, it
will be necessary to revise the Project to comply with the Growth
Management Plan and the Hillside Ordinance. A final map for the
Project will be approved if the City Council determines that the
revised Project is consistent with the City's General Plan,
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Growth Management Plan and other City ordinances and policies in
effect on the date this Agreement becomes effective. Buie agrees
that building permits may not be issued until after adoption of a
zone plan and satisfaction of its requirements as they apply to
the Project and that additional conditions on such permits may be
imposed as a part of such plan.
7. Buie recognizes that the expenditure of funds will be
necessary to revise the Project, satisfy the conditions of
approval and provide the public facilities necessary for the
property to develop. There are no assurances these problems can
be solved. City's agreement is in reliance on Buie's promise
that City's grant of additional time will not result in any cost
to the City. Buie agrees to hold the City harmless and waive any
rights to litigate any matter related to the City's refusal to
approve the Project if Buie is unable to satisfy the conditions
of approval for the Project and his obligations under this
agreement prior to expiration of the map.
CITY OF CARLSBAD,
a municipal corporatior
.yor
BUIE CORPORATION,
a California corporation
By
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