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HomeMy WebLinkAboutVernon Savings and Loan Association; 1987-07-07; (3)c .. =a \[ : ;*. L /j $ d j $7- ,32.- 19 a e -. I t -, AGREEMENT FOR WAIVER OF PROHIBITION AGAINST THE IPPOSITION OF CONDITIONS UPON THE APPROVAL OF AN EXTENSION OF A TENTATIVE SUBDIVISION HAP, This 'Agreement is made this 7-fh day of J[l )v 9 19 ! between the .City of Carlsbad, a municipal corporation, (hereinaft called "City") and Vernon SaVixS ---- and Loan Association, FSA ! .federally chartered mutual savings and loan association, (hereinaft called "Subdivider") . RECITALS 1. Government- Code Section 66452.6(e) and Carlsbad Municipal CI Sections 20.12.110 and 10.24.180 permit Subdividers to requf and City to approve, conditionally approve or deny extensions time for the expiration of tenta.tive maps or tentative :par maps (hereinafter collectively called "Tentative Subdivis Maps" 1. I 2. El Patio v. Permanent gent Control Board, 110 Cal. App. 3d 9 modified 111 Cal. App. 3d 788 (1980) indicates that Goverrnent Code (Subdivision Map Act) may not authorize City impose new conditions; i.e., those which were not imposed on tentative subdivision map, upon the extension of time expiration of o tentative subd.ivi:;ian III~I~, bul 0130 hcld t.Iltit City does have discretion to approve or deny such extensions. 3. Government Code Section 66452.6(d) and Carlsbad Munic.?pal [ J- . 0 e Sections 20.12.100(d) and 20.24.160 provide that expiration of tentative subdivision map shall terminate all proceedings i that no final map or parcel map for any property covered by i tentative subdivision map shall be filed without first process a new tentative subdivision map. 4. Subdivider has requested City to approve the extension of t for Tentative Subdivision Map hro. 83-19 which was initia approved on September 4, 1984 5. Since the approval of said Tentative Subdivision Map, City conducted studies which show that the construction of cert drainage facilities or thoroughfares are essential to protect provide for the health, welfare, and safety of all of the pres and future residents of City, including those who will residt said subdivision. 6. Since the approval of said Tentative Subdivision Map, City adopted a major drainage fee or major thoroughfare fee or bott provide the funds to construct the necessary drainage faci'li and' thoroughfares. 7. Since the approval of the Tentative Subdivision Map, City conducted studies which show the need to establish a pu facilities fee in order to provide for public facilitie protect the public health, safety and welfare of the present future residents of City and to ensure that public facilitie serve the development will be available concurrent with nec required by City's General Plan. Developer agrees to pay fees and has executed a contract which is on file with the I' 1 <. I. a e Clerk to that effect.. . 8. Because the original approval of said Tentative Subdivision M, occurred prior to the adoption of the aforementioned fees, Ci did not condit-ion the approval of said Tentative Subdivision M with the payment of said fees. 9. Since the initial approval of said Tentative Subdivision M there gay have been changed circumstances which requi 1 additiona'l conditions of approval on the extension of t Tenfative Subdivision Map to protect the public health, sare and welfare, to mitigate affects on the environment or to ensu consistency of the extended map with the City's General Plan a Municipal Code. . 10. City arguably may not, without the voluntary consent Subdivider, impose upon the extension of said Tentati Subdivision Map conditions requiring payment of the .fe mentioned above or conditions necessary to protect the pub: health, safety or welfare, or the .environment or .ens\ consistency with the General Plan or Municipal Code. .. 11. Wi.thout such voluntary consent of Subdivider to the 'imposition conditions City may be required to deny Subdivider's request extension to ensure that the public health, safety and welfa * 'or the environment are protected or that the General Plan Municipal Code requirements are satisfied. Approval of extension of said Tentative Subdivision Map without assuran that the Fees mentioned above would be paid For said subdivis would be contrary to the best interests of the City and wo ,% i . .k L A 0 0 threaten the City's .ability to protect and provide for the pub1 health, safety and welfare. Subdivider agrees that it is in t best interest of City and Subdivider that City be able to prote the public health, safety and welfar.e, or the environment ensure consistency with the General Plan or Municipal Code by t imposition of conditions on the extension of tentati subdivision maps. 12. Subdivider realizes that denial of the requested extension c-u result in the expiration of the tentative subdivision ma Subdivider would then be required to incur substantial costs a time delays in processing a new tentative subdivision m app'roval of which. would be subject ta, new conditions necessary ensure consistency of the tentative subidivison map with t Subdivision Map Act, the Califor-nia Environmental Quality Ac Titles 19, 20 and 21 of the Carlsbad Municipal Code, the City General Plan and to protect the public health, safety a welfare. I .. 13. City has reviewed the Subdivider's request for an extension time For said tentative subdivision map and finds that granti the request subject to certain conditions will not be contrary the public health, safety and welfare. NOW, THEREFORE, in consideration of the recitals and of + mutual covenants set forth herein, City and Subdivider agree follows: I. City agrees to extend Subdivider's Tentative Subdivision t for, one year subject to whatever new or revised conditions the City '. I- .. . .. .. . .. A- 0 0 i.ts sole discretion deems' appropriate. 2. Subdivider knowingly and volljntnrily waives any and a1 rights to the unconditioned extension of Tentative Subdivision Map No 83-19 . 3. Subdivider knowingly and voluntarily consents to ti- imposition of a condition.of approval of the extension of Tentatit .Subdivision Map No. 83-19 which requires payment of any fees whic ,may be in e.ffect at the time of approval of the final subdivision m: f0.r said subdivision or any portion thereof and to the followin ' addit.iona1 conditions: a. This approval is expressly conditioned on the payment by th applicant of a public facilities fee as required by Cit I.. Council Policy No. 17, issued and effective on April 22 1986, on file with the City Clerk and incorporated herein t . reference, and according to the agreement executed'by th .. .--rl;pznt Ej-..'pl.. " for payment of said fee. If said Fee is not. pa'i . as promlsed, .this application will not be consistent wit the General Plan and the project cannot proceed and thi approval shall be void. .. .I .. b. This approval is expressly conditioned upon the subdivider' compliance with any growth management system in effect i the time the final map is filed. Subdivider shall also p; or agree. to pay (as decided by the City' Council) all feE identified by Ll~c City Co~iric.il. or, r~cco:~:i;iry 1:c~ pny for t.1. cost OF providing facilities and improvemer\ts which 31 imposed pursuant to the growth management system,, ., .- or ar L 4- e. e other applicable laws. 4. The provisions of Carlsbad Municipal Code Section 20.12. and 20.24.180, as appropriate, shall govern extension of the map wh is the subject of this agreement. 5. If this agreement is for an extension of a tentat subdivision map for a minor subdivision, the appeal of the c Engineer's approval, or conditional approval, of the extension by 'party shall void this agreement unless the agreement is subsequen approved by the City Council. .6. Any action by Subaivider to challenge the legality of tl agreement or any failure by Subdivider to pay the fees and comply w any other. conditions applicable to the extension shall void approval of such. extension. The map shall not tinai and development shall not proceed until a new tentative subdivision I has been approved. SUBDIVIDER CITY OF CARLSBAD, a munic-ipal VERNON SAVINGS AND LOAN ASSOCIATION FSA BY: &'Ad/? &$A&& f . Richard Buerkle Executive Vice President and ACTING CITY ENGINEER (Minc Association's Representative Subdivisions) ATTEST: Notorial acknonledgeaent of execution by subdivider must be attacher Affix corporate seal if appropriate- .- 06/86 I- e 0 I STATE OF TEXAS 1 1 COUNTY OF DALLAS 1 BEFORE ME, the undersigned authority in and for said Co' and State, on this day personally appeared Richard Buerkle k to me to be the person whose name is subscribed to the foregl instrument, and acknowledged to me that he is the Executive ' President and Association's Representative of Vernon Savings Loan Association, FSA, a federally chartered mutual savings loan association, and that he, being authorized to do executed the same for the purposes and consideration the expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 7%, of July, 1987, D I I e: \j js\O707C-Oo