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Home My WebLink AboutK/W Realty Group Limited Partnership; 1993-10-05;- d 0 ’. AGREEMENT FOR WAIVER OF PROHIBITION AGAINST TEE IMPOSITION OF CONDITIONS UPON THE APPROVAL OF AN EXTENSION OF A TENTATIVE SUBDIVISION M&P This Agreement fs made this 5 day of & 19 9.3 between the City of Carlsbad, a municipal corporatior (hereinafter called I@City1@) and K/W Realty Group Limit6 Partnership (hereinafter called ttSubdivider@@) . RECITALS 1. Government Code Section 66452.6 (e) and Carlsbad Municipal COC Sections 20.12.110 and 20.24.180 permit Subdividersto reque2 and City to approve, conditionally approve or deny extensioi of time for the expiration of tentative maps or tentatii parcel maps (hereinafter collectively called IITentatii Subdivision Maps1@) . 2. El Patio v. Permanent Rent Control Board, 110 Cal. App. : 915, modified 111 Cal. App. 3d 788 (1980) indicates that tl Government Code (Subdivision Map Act) may not authorize Cil to impose new conditions; i.e., those which were not imposc on the tentative subdivision map, upon the extension of til for expiration of a tentative subdivision map, but also he that the City does have discretion to approve or deny SUI extensions. Government Code Section 66452.6 (d) and Carlsbad Municipal Co Section 20.12.lOO(d) and 20.24.160 provide that expiration a tentative subdivision map shall terminate all proceedin and that no final map or parcel map for any property cover 3 ., AgreemmtsVhG-39. FRH 1 7A . --, I 0 0 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 85-19 which was initial1 approved on October 22, 1985. Since the approval of said Tentative Subdivision Map, City hz conducted studies which show that the construction of certaj drainage facilities or thoroughfares are essential to protec and provide for the health, welfare, and safety of all of tl present and future residents of City, including those who wil reside in said subdivision. Since the approval of said Tentative Subdivision Map, City hz adopted a major drainage fee or major thoroughfare fee or bo1 to provide the funds to construct the necessary drainac facilities and thoroughfares. Since the approval of the Tentative Subdivision Map, City hz conducted studies which show the need to establish a publ: facilities fee in order to provide for public facilities 1 protect the public health, safety and welfare of the presei and future residents of City and to ensure that publ. 5. 6. 7. facilities to serve the development will be availab: concurrent with need as required by City's General Plai 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 Subdivisil Map occurred prior to the adoption of the aforementioned fee City did not condition the approval of said Tentatk AgreementsV4G-39. FRM 2 7A q --, e 0 *- t Subdivision Map with the payment of said fees. Since the initial approval of said Tentative Subdivision ME there may have been changed circumstances which requir additional conditions of approval on the extension of tk Tentative Subdivision Map to protect the public health, safet and welfare, to mitigate affects on the environment or t 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 c Subdivider, impose upon the extensior, of said Tentati7 Subdivision Map conditions requiring payment of the fet mentioned above or conditions necessary to protect the publ: 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 satisfiec 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 interes' 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 a Subdivider that City be able to protect the public healt safety and welfare, or the environment or ensure consisten with the General Plan or Municipal Code by the imposition 11. Agreeu~nts\AG-39. Fw( 3 7A 4 / .. e 0 r a+ ? * 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 substantia costs and time delays in processing a new tentatik subdivision map approval of which would be subject to ne conditions necessary to ensure consistency of the tentatit subdivision map with the Subdivision Map Act, the Californj Environmental Quality Act, Titles 19, 20 and 21 of tk Carlsbad Municipal Code, the City's General Plan and t protect the public health, safety and welfare. City has reviewed the Subdividerss request for an extension c time for said tentative subdivision map and finds thz granting the request subject to certain conditions will not 1 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 e City agrees to extend Subdivider I 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 85-19, 3. Subdivider knowing and voluntarily consents to tl imposition of a condition of approval of the extension of Tentati Subdivision Map No. CT 85-19 which requires payment of any fel which may be in effect at the time of approval of the fini AgreementsW-39. FRH 4 7A 'i e 0 e t r . * subdivision map for said subdivision or any portion thereof and t the following additional conditions: A. This approval is expressly conditioned on the payment 1 the applicant of a public facilities fee as required I; City Council Policy No. 17, issued and effective on Aprj 22, 1986, on file with the City Clerk and incorporatc herein by reference, and according to the agreemer executed by the applicant for payment of said fee, 1 said fee is not paid as promised, this application wil 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 I 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 Cil 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 growl 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 tentatil subdivision map for a minor subdivision, the appeal of the Cis Engineer's approval, or conditional approval, of the extension 1 any party shall void this agreement unless the agreement subsequently approved by the City Council. 6. Any action by Subdivider to challenge the legality I AgreementsUG-39. FRH 5 7/3 7 * $ '- , '. 0 e 2 8 J this agreement or any failure by Subdivider to pay the fees ar comply with any other conditions applicable to the extension shal void the approval of such extension. The map shall not final ar the development shall not proceed until a new tentative subdivisic map has been approved. SUBDIVIDER: K/W Realty Group Limited Partnership By: Klingbeil Development Co., General Partner By: Klingbeil Development Corp., Gener 1 Partner BY: && Vice-president APPROVED AS TO FORM: /& & J3- =.A &2Y----g~ RONALD R. BALL City Attorney Notarial acknowledgement of execution by subdivider must 1 attached, Affix corporate seal if appropriate. ti 7/3/ Agreearents\AG-39. FRM Irr * c* ”. 0 0 t w 1 ALL PURPOSE ACKNOWLEDGEMENT CAPACITY CLAN Countyof Oranqe personally appeared nw 0 ATTORNEY-IN-FACT [lil personally known to me - OR - 0 proved to me on the basis of satisfactory and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the ATTENTION NOTARY Although the information requested below is OPTIONAL it could prevent fraudulent attachment of this certificate unauthorized document AGW FOR WAIVER OF PROHISITION AGAINST IPPOSI CONDIT’IONS UPON ADPROVAL OF EXIENSION OF mJ Date of Document mtnbr 5; 1992 THIS CERTIFICATE Title or Type of Document STmnnTTSTnhT M& p MUST BE ATTACHED Number of Pages>; X (6 \ - - Signer(s) Other Than Named Above- not- mf;rw - - AgreemmtsW-39. FRM 7 7/3