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Home My WebLink AboutFirst International Bank; 1993-08-11;0 0 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 11th day of AUGUST 19 93 between the City of Carlsbad, a municipal corporation (hereinafter called 'ICityvl) and First International Ban (hereinafter called vlSubdividervv) . RECITALS 1. Government Code Section 66452.6 (e) and Carlsbad Municipal Cod Sections 20.12.110 and 20.24.180 permit Subdividersto reques and City to approve, conditionally approve or deny extension of time for the expiration of tentative maps or tentativ parcel maps (hereinafter collectively called "Tentativ Subdivision Mapsv1) . 2. El Patio v. Permanent Rent Control Board, 110 Cal. App. 3 915, modified 111 Cal. App. 3d 788 (1980) indicates that th Government Code (Subdivision Map Act) may not authorize Cit to impose new conditions; i.e., those which were not impose on the tentative subdivision map, upon the extension of tim for expiration of a tentative subdivision map, but also he1 that the City does have discretion to approve or deny SUC extensions. 3. Government Code Section 66452.6 (d) and Carlsbad Municipal Cod Section 20.12.100(d) and 20.24.160 provide that expiration Q a tentative subdivision map shall terminate all proceeding and that no final map or parcel map for any property covere Agrwnonts\AGJ9.FRY 1 713 * a Q by the tentative subdivision map shall be filed without firs processing a new tentative subdivision map. 4. Subdivider has requested City to approve the extension of tin for Tentative Subdivision Map No. CT 85-21 which was initial1 approved on June 3, 1986. Since the approval of said Tentative Subdivision Map, City ha conducted studies which show that the construction of certai drainage facilities or thoroughfares are essential to protec and provide for the health, welfare, and safety of all of tt present and future residents of City, including those who wil reside in said subdivision. Since the approval of said Tentative Subdivision Map, City ha adopted a major drainage fee or major thoroughfare fee or bot to provide the funds to construct the necessary drainac facilities and thoroughfares. Since the approval of the Tentative Subdivision Map, City ha conducted studies which show the need to establish a publi facilities fee in order to provide for public facilities t protect the public health, safety and welfare of the preser and future residents of City and to ensure that publi facilities to serve the development will be availabl concurrent with need as required by City's General Plar 5. 6. 7. Developer agrees to pay said fees and has executed a contrac which is on file with the City Clerk to that effect. 8. Because the original approval of said Tentative Subdivisic Map occurred prior to the adoption of the aforementioned fees City did not condition the approval of said Tentatil Agmments\AC39.FRM 2 7f 3 # a e Subdivision Map with the payment of said fees. Since the initial approval of said Tentative Subdivision Mz there may have been changed circumstances which requii additional conditions of approval on the extension of tl Tentative Subdivision Map to protect the public health, safe1 and welfare, to mitigate affects on the environment or I ensure consistency of the extended map with the City's Generz Plan and Municipal Code, 9. 10 City arguably may not, without the voluntary consent ( Subdivider, impose upon the extension of said Tentatii Subdivision Map conditions requiring payment of the fec mentioned above or conditions necessary to protect the pub11 health, safety or welfare, or the environment or ensui consistency with the General Plan or Municipal Code. Without such voluntary consent of Subdivider to the impositic of conditions City may be required to deny Subdivider request for extension to ensure that the public health, safe1 and welfare, or the environment are protected or that tl General Plan or Municipal Code requirements are satisf iec Approval of the extension of said Tentative Subdivision Mi without assurances that the fees mentioned above would be pa. for said subdivision would be contrary to the best interesi of the City and would threaten the City's ability to protec and provide for the public health, safety and welfarc Subdivider agrees that it is in the best interest of City ai Subdivider that City be able to protect the public healtl safety and welfare, or the environment or ensure consisteni with the General Plan or Municipal Code by the imposition i 11. Ayeemtnts\AG39.FRM 3 71 e e conditions on the extension of tentative subdivision maps. 12. Subdivider realizes that denial of the requested extensic could result in the expiration of the tentative subdivisic map. Subdivider would then be required to incur substanti: costs and time delays in processing a new tentatii subdivision map approval of which would be subject to nt conditions necessary to ensure consistency of the tentatii subdivision map with the Subdivision Map Act, the Californ: Environmental Quality Act, Titles 19, 20 and 21 of tl Carlsbad Municipal Code, the City's General Plan and 1 protect the public health, safety and welfare. City has reviewed the Subdivider's request for an extension ( time for said tentative subdivision map and finds thz granting the request subject to certain conditions will not J contrary to the public health, safety and welfare. NOW, THEREFORE, in consideration of the recitals and of tl mutual covenants set forth herein, City and Subdivider agree i follows: 13. 1. City agrees to extend Subdivider's Tentative Subdivisic Map for one year subject to whatever new or revised conditions tl City in its sole discretion deem appropriate. 2. Subdivider knowingly and voluntarily waives any and a: right to the unconditioned extension of Tentative Subdivision Mi NO. CT 85-21. 3. Subdivider knowing and voluntarily consents to tl imposition of a condition of approval of the extension of Tentatiy Subdivision Map No. CT 85-21 which requires payment of any fec which may be in effect at the time of approval of the fin; Agr~m~nts\AG39.CRY 4 71 z e 0 subdivision map for said subdivision or any portion thereof and I the following additional conditions: A. This approval is expressly conditioned on the payment 1 the applicant of a public facilities fee as required 1 City Council Policy No. 17, issued and effective on Apr. 22, 1986, on file with the City Clerk and incorporatc herein by reference, and according to the agreemei executed by the applicant for payment of said fee. : said fee is not paid as promised, this application wi: not be consistent with the General Plan and the projec cannot proceed and this approval shall be void. B. This approval is expressly conditioned upon tl subdivider's compliance with any growth management systc in effect at the time the final map is filed. Subdivide shall also pay or agree to pay (as decided by the Cii Council) all fees identified by the City Council i necessary to pay for the cost of providing facilities ai improvements which are imposed pursuant to the grow management system or any other applicable laws. 4. The provisions of Carlsbad Municipal Code Sectic 20.12.110 and 20.24.180, as appropriate, shall govern extension t the map which is the subject of this agreement. 5. If this agreement is for an extension of a tentati subdivision map for a minor subdivision, the appeal of the Ci. Engineer's approval, or conditional approval, of the extension ! any party shall void this agreement unless the agreement subsequently approved by the City Council. 6. Any action by Subdivider to challenge the legality 1 Agmments\AG39.CRY 5 71 .I * e 0 this agreement or any failure by Subdivider to pay the fees at comply with any other conditions applicable to the extension sha: void the approval of such extension. The map shall not final ai the development shall not proceed until a new tentative subdivisic map has been approved. SUBDIVIDER q/CAd- dl -4 L&&,&,+: bpw :@-4+z (24 J- ByJ;d; bA-,G-,- - _I -L-c2J APPROVED AS TO FORM: /--- 91 d 4.4- RONALD R. BALL City Attorney Notarial acknowledgement of execution by subdivider must I attached. Affix corporate Seal if appropriate. Agmmsnts\AG39.FRY 6 71 State of California 1 1 Countyof San Diego 1 DATE NAME, ER. LG. JANE DOE. NISTKKp PUBLIC On June 28, 1993 before me, *Jean Davis personally appeared ---- personally known to me - 8R - c 2 C. W. Southwick ---_--___-___________ I "+MEW OF SIGNER(S) -0 be the personfs) whose namgC4) *subscribed to the within instrument and acknowledged to me te-ky authorized executed the same in capacity(*, and that b$&W signature@+ on the instrument the persow, or the entity upon behalf of which the person@+ acted, executed the instrument. Witness my hand and official seal. ,. P '.. /I i*' c 7l r c ,& [[,/-C ; LJi YLWj SIGNATURE OF NOTARY \J -*' CAPACITY CLAll SIGNER c] INDIVIDUAL(S) OFFICER(S) m CORPORATE TlTLFm PARTNER(S) 0 AlTOR N EY- IN- FACT 0 TRUSTEE(S) 0 SUBSCRIBING WlTN c] GUARDIAN/CONSER OTHER: SlW LBO&, BCR,RW First Internation