HomeMy WebLinkAbout1985-10-15; City Council; Resolution 82211
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RESOLUTION NO. 8221
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA APPROVING A CONSTRUCTION
REIMBURSEMENT AND PARK GRADING AGREEMENT BETWEEN
THE CITY AND PACIFIC SCENE IN THE LAKE CALAVERA
HILLS MASTER PLAN.
The City Council of the City of Carlsbad, California,
does hereby resolve as follows:
1. That certain construction reimbursement agreement
between the City of Carlsbad and Pacific Scene, Inc.
construction of certain streets and the grading of a park site
the Lake Calavera Hills Master Plan, marked Exhibit A and made
part hereof, is hereby approved.
for the
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
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the City Council of the City of Carlsbad, California, held on th
15th day of October , 1985 by the following vote,
to wit:
AYES: Council Menbers Casler, Lewis, Kulchin, Chick and Pettine
NOES: None
ABSENT: None
ATTEST :
&/A
ALETHA L. RAUTENKRANZ, City C$rk
AGREEMENT BETWEEN CITY OF CARLSBAD
A MUNICIPAL CORPORATION AND TREETOPS UNLIMITED
THIS AGREEMENT, hereinafter referred to as the
"Agreement", is made and entered into this day of
, 1985, by and between the City of Carlsbad, a
municipal corporation and Treetops Unlimited, a joint venture,
hereinafter referred to as "City" and "Treetops ,I1 respectively.
RECITALS
WHEREAS, the City and Treetops desire to provide for the
construction of certain streets and the grading of a park site in
the Lake Calavera Hills Master Plan Area in order to allow
development to proceed in an orderly and mutually advantageous
way in that area;
Therefore, the parties agree as follows:
1. Treetops will give the City of Carlsbad the dirt
which Treetops presently has stockpiled in Village L-1 for use in
con'junction with the City's grading of the Lake Calavera Hills
park site. It is presently contemplated that the City will
require approximately 15,000 cubic yards of dirt. The actual
amount will be determined by the City providing it will not
exceed 20,000 cubic yards. The City will pay Treetops to move
the dirt and stockpile it uncompacted on the park site in an
amount equal to $1.31 per cubic yard for each cubic yard
delivered. Payment shall be made within thirty (30) days
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following delivery of the dirt. Treetops will coordinate the
movement of the dirt and their construction of portions of
Harwich, Glasgow and Elm with the City's grading contractor for
the park site so that the City's work, removal of the dirt, and
construction of the streets can be coordinated in a mutually
advantageous way.
2. The City Council has approved Resolution No.
revising condition No. 39 of Planning Commission Resolution No.
2224 as adopted by City Council Resolution No. 7457 to permit CT
83-21/PUD-57 to gain secondary access from Harwich Drive and
Glasgow rather than Tamarack Avenue and College Avenue for the
Treetops subdivision. As a part of that revision Treetops will
construct Glasgow Drive half width from its present northerly
terminus along the frontage of Village E-2, and through a portion
of Village K to Harwich Drive, Elm Avenue half width from its
easterly terminus to Glasgow Drive along the frontage of Village
E-2, and Harwich half width through Village K to its intersection
with Glasgow Drive. The construction of the above referenced
portions of Harwich, Glasgow, and Elm Avenue under the Lake
Calavera Hills Master Plan are the responsibility of properties
owned by parties other than Treetops. In order to assure the
orderly development of the property within the Lake Calavera
Hills Master Plan Area, Treetops is willing to undertake the
construction of those streets in accordance with this Agreement.
The City agrees to impose conditions upon subdivision and
development of Villages R, E-1 and L-2 requiring that Treetops
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be reimbursed for its actual costs ( inluding engineering,
right of way acquisition, design and permit fees) to construct
those streets by the other property owners in the Lake Calavera
Master Plan Area as follows:
a. Reimbursement of the costs for Glasgow north of Elm
and Elm shall be paid to Treetops as a condition and prior to the
approval by the City of any tentative or final parcel map,
tentative or final subdivision map or the issuance of any other
development approval covering any portion of Village K.
b. Reimbursement of the costs for Glasgow south of Elm
shall be paid to Treetops as a condition and prior to the approval
by the City of any tentative or final parcel map, tentative or
final subdivision map or the issuance of any other development
approval covering any portion of Village E-1.
c. Reimbursement of the costs for Harwich located within
Village K shall be paid to Treetops as a condition and prior to
the approval by the City of any tentative or final parcel map,
tentative or final subdivision map or the issuance of any other
development approval covering any portion of Village K or Village
L-2.
3. Treetops will construct Tamarack Avenue adjacent to
Village E-2 and F-1 to bring it to full width and City standards.
4. Treetops has submitted plans to the City for Tamarack,
Elm, Glasgow and Harwich, designed to City standards, and will
complete any required revisions to those plans by November 15,
1985. Treetops will use its best efforts to obtain the necessary
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right of way as soon as possible. Within 30 days following the
City's approval of those plans, Treetops will commence construction
of the above referenced streets and will diligently pursue that
construction to completion. If condemnation is necessary Treetops
may delay the start of construction until an order of immediate
possession is obtained. The constuction will be completed within
120 days following commencement of construction. The time for
completion of construction shall be extended for delays caused by
inclement weather, strikes, lockouts, unavailability of labor or
materials and other factors beyond the control of Treetops.
5. Treetops shall use its best efforts to obtain all
right of way easements, consents or permissions necessary or
required to construct the streets from the owner(s) of the land
upon which the streets are located. The City will use its power of
eminent domain to condemn at the expense of Treetops, any necessary
right of way which cannot otherwise be obtained by Treetops.
6. It is the City Council's present intention that,
except as provided in this Agreement, Treetops shall not be
required to make any improvements to Glasgow, Harwich within
Village K, or Elm as a condition to the development of Villages 0
and P-1 or L-1.
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TREETOPS UNLIMITED
BY: Pacific Scene, Inc.
CITY OF CARLSBAD
MARY H. CASLER, Mayor
APPROVED AS TO FORM
VINCENT F. BIONDO, JR., City Attorney
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