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HomeMy WebLinkAbout1988-05-10; City Council; Resolution 88-153c 0 a mm 58 $2 2 &I2 zozu GE?$ ;:z< ;&s do owa ouzm q 3 >o != 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I I 26 27 28 0 0 RESOLUTION NO 88-153 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING THE AGREEMENT BETWEEN SHAPELL INDUSTRIES, INC. AND CITY OF CARLSBAD SETTLING THE LAWSUIT ENTITLED SHAPELL INDUSTRIES, INC. V. CITY OF CARLSBAD The City Council of the City of Carlsbad,.Califol does hereby resolve as follows: 1. That certain agreement between the City of Ci and Shape11 Industries, Inc. settling the lawsuit entitled Industries. Inc. v. City of Carlsbad, marked Exhibit A and part hereof, is hereby approved. 2. That the Mayor of the City of Carlsbad is he1 authorized and directed to execute said agreement for an 01 of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a Regular Meetinc City Council of the City of Carlsbad on the 10th day of - , 1988, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux ar NOES: None ABSENT : None ATTEST : (SEAL) e 0 Exhibit 1 9 SETTLEMENT AGREEMENT AND DISMISSAL This Agreement is made an entered into this loth day of May , 1988 by and between Shapell Industries, Inc. a Delaware corporation and successor by mer1 to S & S Construction Co. of San Diego, Inc., formerly a California corporation (hereinafter, Shapell Industries, Inc. and S St S Construction Co. of San Diego, Inc., will as applicable be referred to individually and collectively as tlShapelltt) and the City of Carlsbad, a municipal corporation (hereinafter ItCityV1) in order to settle any and all disputes arising out of the adoption of the Local Facilities Managemel Plan for Zone 6 (hereinafter l@Zone 6"), and all fees associa. therewith or which might otherwise be imposed on the project described below and to cause dismissal of the case entitled Shagell Industries, Inc. v. City of Carlsbad, San Diego Superior Court Case No. N39053 upon the following terms and conditions: WHEREAS, Shapell obtained valid building permits from C: on or about October 14, 1987 for 120 residential dwelling un: contained in that subdivision owned by Shapell and identifiec as Carlsbad Tract 83-1, Subdivision Map No. 11085 and common: known as Monarch Villas (hereinafter Itshapell Projecttt), and paid to City all fees which were determined and fixed at that time for said 120 residential dwelling units: and WHEREAS, City has adopted Zone 6 in accordance with Chapter 21.90 of the Carlsbad Municipal Code: and 1 0 0 t WHEREAS, the City Council of the City of Carlsbad adoptc the plan for Zone 6 by Resolution No. 9291 on November 10, 1987; and WHEREAS, City adopted a Local Facilities Management Pla: fee for said Zone 6 in the approximate amount of $5,105 per residential dwelling unit to be assessed on all new developm within Zone 6 by Resolution No. 9292 adopted November 10, 19 and WHEREAS, the City Council of the City of Carlsbad amendr said Resolution No. 9292 by the adoption of Resolution No. 81 establishing a reduced local facilities management fee in thc amount of $310 per dwelling unit in Zone 6; and WHEREAS, Shapell protested the adoption of Resolutions Nos. 9291 and 9292 both verbally and in writing by its lette: dated November 10, 1987 addressed to the Honorable Bud Lewis Mayor of the City of Carlsbad and City Council; and WHEREAS, Shapell filed a lawsuit on December 18, 1987 i~ the Superior Court of the State of California, County of San Diego, North County Branch, Case No. N39053 entitled Shape11 Industries, Inc. v. City of Carlsbad; and WHEREAS, the parties wish to settle this litigation, reduce further expenditures of resources and attorneys fees i to establish a degree of certainty regarding development in general within Zone 6 including the Shapell Project. NOW, THEREFORE, the parties agree as follows: 1. Shapell shall within 30 days after the date of approval of this agreement, pay to City the sum of $310 per 2 0 0 i dwelling unit for each dwelling unit as shown on said tract 1 83-1 which number of units is 120 for a total of $37,200 without any further notification from City: and 2. City and Shapell hereby agree and acknowledge that Shapell has paid all necessary building permit fees and rela. fees and costs with respect to Lots 2 through 11 of the Shap, Project, each such lot containing 12 condominium residential dwelling units; and 3. Shapell shall dismiss its said lawsuit with prejudi and waives any claims or causes of action against City as se forth in its said letter of November 10, 1987: and 4. Provided Shapell has paid the $37,200 fee set forth above, City shall neither impose nor collect any further or additional fees for said 120 residential units including any additional fees which may be imposed in the future under its Zone 6 plan or any other plan adopted pursuant to its growth management system under Carlsbad Municipal Code Chapter 21.9 or any successor chapter: provided, however, City may impose such ordinary and additional fees as may be required for complete processing and inspections of said subdivision: and 5. Upon payment of the fees set forth above, City shal release the "Agreement to Pay Fees for Facilities and Improvements as Required by Growth Management Systemt1 record November 18, 1986 in the office of the San Diego County Recorder, Document No. 86-530223 which release shall be recorded with the San Diego County Recorder. Said payment 3 a e shall constitute full compliance with the requirements of Cii Council Resolution No. 8853 and shall be deemed by the partic hereto as constituting full compliance with all provisions 0: Chapter 21.90 of the Carlsbad Municipal Code; and 6. City and Shapell hereby acknowledge that Shapell ha! not yet applied for building permits to construct the recreational facilities contemplated far Lot 1 of the Shapel' Project. The parties hereby agree that no Zone 6 growth management fees or ather similar fees are required far ar wi' be assessed to or against Lot 1 of the Shapell Project under Chapter 21.90 of the Carlsbad Municipal Code or under Resolution No. 8853, or any amendments thereto, or under any similar legislative enactment by the City. The parties here1 acknowledge and agree that the usual and customary developer fees shall be charged by the City upon Shapellls application for building permits for improvements to Lot 1 of the Shapel: Project ; and 7. This Agreement shall be binding upon and inure to tl benefit of, as applicable, the parties' predecessors, successors, divisions, departments, agencies, and assigns. 8. Each party shall bear its own costs and attorneys fees . DATED: Apri 1 27, 1988 SHAPELL INDUSTRIES, INC. A Delaware corporation, and successor by merger to S & S by: 4 0 e DATED : ,qh/ by: APPROVED AS TO FORM 5