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HomeMy WebLinkAbout1987-07-07; City Council; Resolution 9143- I- I 0 1E 11 I 2F 2p I 22 I 23 I 24 25 RESOLUTION NO. 9143 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE BUIE CORPORATION RELATING TO EXPIRATION OF CT 82-12, CARLSBAD HIGHLANDS. The City Council of the City of Carlsbad, California, does hereby resolve as follows: 1. That certain agreement between the City of Carlsbad and the Buie Corporation for a the extension of Carlsbad Tract Map 82-12 and other issues relating to the project, marked Exhibit A and made a part hereof, is hereby approved. 2. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute said agreement for and on behalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on the 7th day of July , 1987, by the following vote, to wi: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson NOES: None ABSENT: None ATTEST : NIS, Mayor AGREEMENT RELATING TO EXPIRATION OF CT-82-12, CARLSBAD HIGHLANDS This Agreement is entered into on between the CITY OF CARLSBAD, a munici 1 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. the map cannot final unless Buie constructs the sewer line. If the Assessment District cannot be confirmed, 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. 1 06/ 16/8 7 0 0 F. The parties desire by this Agreement to ,,creditf’ 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 In the event Buie does Buie shall provide City with written notification of its upon acquisition of the Property by Buie. not acquire the Property, this Agreement shall have no force and effect. 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 ,,Aff, an Agreement to Pay Fees for Facilities and Improvements as Required by Growth Management System, as Exhibit IfBff, 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. may have, as successor-in-interest, for conditions imposed or processing which occurred on the Project prior to the execution of this Agreement. 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. 4. Buie hereby releases and waives any rights or claims it Buie shall not claim or seek reimbursement 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. 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, 6. 2 06/ 16/87 e 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 inecessary 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. 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. Buie agrees to hold the City harmless and waive any CITY OF CARLSBAD, BUIE CORPORATION, a California corporation 3 06/ 16/87