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HomeMy WebLinkAboutPacific Rim Land Associates LP; 1988-12-13;. . ASSESSMENT DISTRICT INITIATION AND WAIVER AGREEMENT THIS AGREEMENT entered into this /* day of -’ 1988, by and between the CITY OF CARLSBAD, a municipal orporation of the State of California (hereinafter referred to as “City”), and PACIFIC RIM LAND ASSOCIATES LIMITED PARTNERSHIP, a Delaware limited partnership (hereinafter referred to as “Property Owner”). WHEREAS, Property Owner is expressly petitioning and requesting that City initiate special assessment proceedings pursuant to the provisions 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 a benefit to the property owned by Property Owner, said special assessment district to be known and designated as ASSESSMENT DISTRICT NO. 88-l (Alga Road) (“Assessment District”); and, WHEREAS, City is willing to acquiesce and to undertake proceedings to form said special Assessment 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 benefitting 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 has adopted a Growth Management Program, one of the primary purposes of which is to prevent growth unless adequate public facilities and services are provided and which contains, among other things, Public Facilities and Service Performance Standards and a Citywide Facilities and Improvement Plan; 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”. NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 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. Property Owner acknowledges that City has adopted a Growth Management Program which will require compliance with Performance Standards, the Citywide Plan and completion of a Local Facility Management Plan and which may require payment of fees and construction of additional public facilities beyond those to be constructed within the assessment district before development can take place. 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 infrastrucure facilities constructed utilizing assessment district financing. Neither the establishment of an assessment district, the levy of assessments, the issuance of bonds, the payment of assessments, nor any combination 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 monetary damages or 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 shall cause this Agreement to be recorded in the Office of the County Recorder of the County of 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. PACIFIC RIM LAND ASSOCIATES LIMITED PARTNERSHIP, a Delaware a Delaware corporation, TITLE: Vice -Manager APPROVED AS TO FORM: ATTEST: dl2JL2 ALETHA L. RAiJ City Clerk Exhibit A THE PROPERTY ASSESSMENT DISTRICT BOUNDARY (typical) L 216-111-03 (PART) 1 :---------------------A BaW Lsaoan I f 218-0~14 ---w__ I r---, lH’ P&D TechnoIogks 401 WEST A STREET SUtTE 2500 SAN DEQC, CAUFCRNlA 92101 Telephone: (619) 232-4466 Legend: --- FiriURE ROAD m E%lSflNQ ROAD lllllllnllllllllllllllllllnlll PROPOSED PROJECT NOT TO SCALE l December 19, 1989 TO: DEPUTY CITY CLERK FROM: Sr. Management Analyst - Engineering SPECIAL ASSESSMENT DISTRICT ACQUISITION/FINANCING AGREEMENT Please have the Mayor and City Clerk sign these agreements on pages that I’ve flagged. Once executed, please send one agreement to D.L. Clemens, Hillman Properties West, Inc., 2011 Palomar Airport Road #206, Carlsbad, CA 92009. One copy is for your file. Please send a copy of the executed agreement to the City Engineer. Thank you for your help. FRANK BOENSCH Sr. Management Analyst FB:plg