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Home My WebLink AboutResolution Trust Corporation; 1993-05-13;t 0 (IC AGREEMENT FOR WAIVER OF PROHIBITION AGAINST THE IMPOSITION OF CONDITIONS UPON THE APPROVAL OF AN EXTENSION OF A TENTATIVE SUBDIVISION MAP This Agreement is made this 13th day of May 19 93 between the City of Carlsbad, a municipal corporat (hereinafter called ISCityrl) and Resolution Trust Corporatioi Conservator of Great American Federal Savings Associat (hereinafter called lsSubdividervl) c RECITALS 1. Government Code Section 66452.6(e) and Carlsbad Municipal Sections 20.12.110 and 20.24.180 permit Subdividers to seq and City to approve, conditionally approve or deny extens of time for the expiration of tentative maps or tenta parcel maps (hereinafter collectively called IITenta Subdivision Maps"). 2. EP Patio v. -Permanent Rent Control Board, 110 Cal. App 915, modified 111 Cal, App. 3d 788 (1980j indicates that Government Code (Subdivision Map Act) may not auth2rize to impose new conditions; i.e., those which were not img on the tentative subdivision map, upon the extension of for expiration of a tentative subdivision map, but also that the City does have discretion to approve or deny extensions. 3. Government Code Section 66452.6(d) and Carlstad Municipal Section 20.12 o 100 (d) and 20.24.160 prov!.de that expiratic a tentative subdivision map shall terminate all proceec and that no final map or parcel map for any property COT AgreernentsVG-39.FRW 4 0 0 by the tentative subdivision map shall be filed without f processing a new tentative subdivision map. Subdivider has requested City to approve the extension of for Tentative Subdivision Map No. CT 84-32 (A) which initially approved on October 10, 1989. 4. 5. Since the approval of said Tentative Subdivision Map, City conducted studies which show that the construction of cer drainage facilities or thoroughfares are essential to pro and provide for the health, welfare, and safety of all of present and future residents of City, including those who reside in said subdivision. 6. Since the approval of said Tentative Subdivision Map, cit] adopted a major drainage fee or major thoroughfare fee or to provide the funds to construct the necessary drai facilities and thoroughfares. 7. Since the approval of the Tentative Subdivision Map, Citj conducted studies which show the need to establish a pi facilities fee in order to provide for public facilitie protect the public health, safety and welfare of the prc and future residents of City and to ensure that pi facilities to serve the development will be avai: concurrent with need as required by City's General 1 Developer agrees to pay said fees and has executed a coni which is on file with the City Clerk to that effect. 8. Because the original approval of said Tentative Subdiv Map occurred prior to the adoption of the aforementioned City did not condition the approval of said Tent, Subdivision Map with the payment of said fees. Agreeaents\AG-39. FRM P L e 0 9, Since the initial approval of said Tentative Subdivision there may have been changed circumstances which req additional conditions of approval on the extension of Tentative Subdivision Map to protect the public health, sa and welfare, to mitigate affects on the environment 01 ensure consistency of the extended map with the Citys s Gent Plan and Municipal Code. IQ City arguably may not, without the voluntary consent Subdivider, impose upon the aaxtension of said Tenkai Subdivision Map conditions requiring payment of the . mentioned above or clonditions necessary to protect the pul health, safety or welfare, or the environment or en: consistency with the General PLan or Municipal Code, Without such voluntary consent of Subdivider to the imposil of conditions City may be required to deny Subdividt request for extension to ensure that the public health, saj and welfare, or the environment are protected or that General Plan or Municipal Code requirements are satisf: Approval of the extension of said Tentative Subdivision without assurances that the fees mentioned above would be 1 for said subdivision would be contrary to the best interc of the City and would threaten the City's ability to prot and provide €or the public health, safety and welfz Subdivider agrees that it is in the best hterest of City Subdivider that City be able to protect the public heal safety and welfare, or the environment or ensure consist€ with the General Plan or Municipal Code by the impositior conditions on the extension of tentative subdivision map: 11. Agreer~entsUG-39. FW 3 a a 12. Subdivider realizes that denial of the requested extenr could result in the expiration of the tentative subdivi map., Subdivider would then be required to incur substan costs and time delays in processing a new tenta subdivision map approval of which would be subject to conditions necessary to ensure consistency of the tenta subdivision map with the Subdivision Map Act, the Califo Environmental Quality Act, Titles 19, 20 and 21 of Carlsbad Municipal Code, the Cityss General Plan and protect the public health, safety and welfare. City has reviewed the Subdivider's request for an extensic time for said tentative subdivision map and finds granting the request. subject to certain conditions will nc contrary to the public health, safety and welfare. NOW, THEREFORE, in consideration of the recitals and of mutual covenants set forth herein, City and Subdivider agre follows: 13. 1 e City agrees to extend Subdivider I s Tentative Subdivi Map for one year subject to whatever new or revised conditions City in its sole discretion deem appropriate. 2. Subdivider knowingly and voluntarily waives any and right to the unconditioned extension of Tentative Subdivisior NO. CT 84-32(A) e 3 e Subdivider knlowing and voluntarily consents to imposition of a condition of approva.1 of the extension of Tente Subdivision Map No. CT 84-32(A) which requires payment of any which may be in effect at the time of approval of the j subdivision map for said subdivision or any portion thereof ai AgreementsUG-39.FRM 4 0 0 the following additional conditions: A. This approval is expressly conditioned on the paymen the applicant of a public facilities fee as require City Council Policy No. 17, issued and effective on A 22, 1986, on file with the City Clerk and incorpor herein by reference, and according to the agree executed by the applicant for payment of said fee. said fee is not paid as promised, this application not be consistent with the General Plan and the pro cannot proceed and this approval shall be void. Be This approval is expressly conditioned upon subdividerOs compliance with any growth management sy in effect ak the time the final map is filed. 9ubdiK shall also pay or agree to pay (as decided by the Council) all fees identified by the City Counci necessary to pay for the cost of providing facilitie: improvements which are imposed pursuant to the gr management system or any other applicable laws. 4, The provisions of Carlsbad Municipal Code Sec 20.12.110 and 20.24.180, as appropriate, shall govern extensic the map which is the subject of this agreement. 5, If this agreement is for an extension of a tenti subdivision map for a minor subdivision, the appeal of the EngineerOs approval, or conditional approval, of the extensic any party shall void this agreement unless the agreemen subsequently approved by the City Council. 6. Any action by Subdivider to challenge the legalil this agreement or any failure by Subdivider to pay the fee! Agreanents\AG-38. FRW 5 Q a camply with any other conditions applicable to the extension s' void the approval of such extension. The map shall not final the development shall not proceed until a new tentative subdivi map has been approved. SUBDIVIDER: CITY OF CARLSBAD, a municipal RESOLUTION TRUST Corporation CORPORATION AS CONSERVATOR OF GREAT AMERICAN FEDERAL SAVINGS ASSOCIATION, A FEDERAL MUTUAL SAVINGS ASSOCIATION, PURCHASER OF THIS ASSET FROM THE RECEIVER FEDERAL SAVINGS BANK, FORMERLY KNOWN AS GREAT AMERI AN FIRST SAVINGS BANK FOR GREAT AMERICAN BANK, A L--i.& A BY: ax- BY:; Pf L5 Kent D. Boyd, Managi g Agent APPROVED AS TO FORM: 6.Q.L. sg//7Z WO LD R. BALL city Attorney Notarial acknowledgement of execution by subdivider must attached. Affix corporate seal if appropriate. AgreementsUG-39. FRH 6 1 e e ALL PURPOSE ACKNOWLEDGEMENT CAPACITY CLP Countyof Sa2 Diecjo NOTARY PUBLIC m SUBSCRIBING Wll 0 GUARDIAN/CONSE c] personally known to me - OR - 0 proved to rnQ on the basis of satisfactory evidence to be the person(s) whose name@) idare subscribed to the within instrument and instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. SIGNER IS REPRE Witness my hand and official seal NAME OF PERSON(S) 01 I -, SIGNATURE OF NOTARY ATTENTION NOTARY: Although the information requested below is OPTIONAL it could prevent fraudulent attachment of this certificc THIS CERTIFICATE unauthorized document. Title or Type of Document Number of Pages Signer@) Other Than Named Above Date of Document