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HomeMy WebLinkAboutVernon Savings and Loan Association; 1987-07-07;0 qtLLAGc 4 Lrd3- 32 a -' I AGR€€HENT FOR WAIVER Of- PROHIBITION AGAINST THE IHPOSITION Of: CONDITIONS UPON THE APPROVAL Of- AN EXTENSION OF A TENTATIVE SUBDIVISION HAP, This Agreement is made this 74L day of ,Tu !I,, ? 19 between the City of Carlsbad, a municipal corporation, (hereinaft called Itcity") and Vernon Savings -me 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 Cc Sections 20.12.110 and 10.24.180 permit Subdividers to requc and City to approve, conditionally approve or deny extensions time for the expiration of tentative maps or tentative par' maps (hereinafter collectively called "Tentative Subdivis Maps" 1. 2. El Patio v. Permanent Rent Control Board, I10 Cal. App. 3d 9 modified 111 Cal. App. 3d 788 (1980) indicates that Goverment 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 a tentative subdivision map, but also held LhnL City does have discretion to approve or deny such extensions. 3. Government Code Section 66452.6(d) and Carlsbad Munid'pal L L i e e - Sections 20.12.100(d) and 20.24.160 provide that expiration of a tefitatl~,e sobdj~lsii~fi GZP s!laL! tPrminate all proceedings and that no final ;nap or parcel map for any property covered by the tentative subdivision map shall be filed without first processing a new tentative subdivision map. 4.. Subdivider has requested City to approve the extension of timi for Tentative Subdivision Map KO. 83-32 which was init iall: t approved on September 4, 1984 5. Since the approval of said T'entativ,e Subdivision Map, City ha conducted studies whi,ch show that the construction of certai. drainage facilities or thoroughfares are essential to protect an provide for the health, welfare, and safety of all of the presen and future residents of City, including'those who will reside i said subdivision. .. 6. Since the approval of said Tentative Subdivision Map, City h; .I adopted a major drainage fee or major thoroughfare fee or both 1 provide and' thoroughfares. the funds to construct the necessary drainage facil'iti . 7. , Since the approval of the Tentative Subdivision Map, City h conducted studies which show the need to establish a pub1 e=r..: !,,,llt,ies fee in order to provide for public facilities protect the public health, safety and welfare of the present ; future residents of City and to ensure that public facilities serve the development will bo available concurrent with need required by. City's General Plan. Developer agrees to pay s fees and has executed a contract which is on file with the C ,. . .; e e +' I - Clerk to that effect.. . 8. Because the original approval of said Tentative Subdivision MaF occurred prior to the adoption of the aforementioned fees, Cit] did with the payment of said fees. not condition the approval of said Tentative Subdivision Mal 9. Since the initial approval of said Tentative Subdivision Ma there may have 'been changed circumstances which requir additiona'l conditions of approval on the extension of tt- len,tai;ive Subdivision Kap to p,\,~+Ct ---+.-. the ~ublic health, safet and welfare, to miticjato acfects ali t-he environment or to ensur consistency of the extended map with the City's General Plan ar Municipal Code. I - . 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 conditiqns necessary to protect the pub1 health, safety or welfare, or the .environment or 'ensu consistency with the General Plan or Municipal Code. .~ 11. Without such voluntary consent of Subdivider to the 'imposition conditions City may be required to deny Subdivider's request f extension to ensure that the public health, safety and welfar ' 'or the environment are protected or that the General Plan Municipal Code requirements are satisfied. Approval of ' extension of said Tentative Subdivision Map without assuranc that the Fees mentioned above would be paid for said subdivis. would be contrary to the best interests of the City and wo ., i .I- . ,, .. I) 0 .. \ threaten the City's .ability to protect and provide For the publi~ health, safety and welfare. Subdivider agrees that it is in th best interest of City and Subdivider that City be able to protec the public health, safety and welfare, or the environment c ensure consistency with the General Plan or Municipal Code by tk imposition of conditions on the extension of kenkati\ subdivision maps. 12. Subdivider realizes that denial of the requested extension COU: result in the expiration of the tentativ'e subdivision mal Subdivider would then be required to incur substantial costs ar time delays in processing a new tentative subdivision mr app'roval of which. would be subject to 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 I. 13. City has reviewed the Subdivider's request for an extension time for said tentative subdivision map and finds that grantj 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: 1. City agrees to extend Subdivider's Tentative Subdivision ior,bne year subject to whatever new or revised conditions the . 5 City i I- . : L .. . .. >' - a -. '* s its sole discretion deems'appropriate, 2. Subdivider knowingly and voluntarily waives any and al rights to the unconditioned extension of Tentative Subdivision Map No 83-32 3. Subdivi-der knowingly and voluntarily consents to th imposition of a condition of approval of the extension of Tentativ ,Subdivision Map No. 83-32 which requires payment of any fees whic ,may be in eff'ect at the time of approval of the final subdivision ma for said subdivision or any portion thereof and to the followir 'additional conditions: a. This approval is expressly conditioned on the payment by th applicant of a public facilities fee as required by cit Council Policy No. 17, issued and effective on April 2: 1986, on file with the City Clerk and incorporated herein t . reference, and according to the agreement executed'by tt .applicant for payment of said fee. If said fee is not pa' . as promised, .this application will not be consistent wi the General Plan and the project cannot proceed and th approval shall be void. .. .. b. This approval is expressly conditioned upon the subdivider compliance with any growth management system in effect the time the final map is filed. Subdivider shall also p or agree ' to pay (as decided by the City Council) all fe identified by the City Council as necessary to pay for t cost of providing facilities and improvements which E imposed pursuant to the growth management system or E .i e. a *- v * - other applicable laws. 4. The provisions of Carlsbad Municipal Code Section 20.12.110 and 20.24.180, as appropriate, shall govern extension of the map whict is the subject of this agreement. 5. If this agreement is for an extension of a tentativ subdivision map for a minor subdivision, the appeal of the Cit Engineer's approval, or conditional approval, of the extension by an agreement is subsequent1 1 ;arty shall. void this agreenlent unless the approved by the City Council. .6, Any action bj Stiksi~ider te challenge the legality of thi agreement or any failure by Subdivider to pay the fees and comply wit any other. conditions applicable to the extension shall void th approval of such. extension. The map shall not final and th development shall not proceed until a new tentative subdivision ma has been approved. SUBDIVIDER CITY OF CARLSBAD, a munic-ipal corporation /'- VERNON SAVINGS AND LOAN BY: $ A /?/gLb, OR (Major /(Ai7 Su !/ divisions) Executive Vice President and ACTING CITY ENGINEER (Mino Association's Representative Subdivisions) AP OVED AS TO FORM: ATTEST: &UP 6$4? -i7*/7 67. VINCENT F. BIONDO, JR. City Attorney Notorial acknowledgement of execution by subdivider must be atkzcher Affix corporate seal if appropriate- 06/86 I. .* L ' I 0 * L '1 STATE OF TEXAS 1 1 COUNTY OF DALLAS 1 BEFORE ME, the undersigned authority in and for said COL and State, on this day personally appeared Richard Buerkle kr 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 the1 expressed. to me to be the person whose name is subscribed to the foregc GIVEN UNDER MY HAND AND SEAL OF OFFICE this 7%ay of may, 1987. 1 My comm'ssion expires: 8-/9!B9 e:\j js\0707C-Oo