HomeMy WebLinkAbout1986-05-06; City Council; Resolution 8532,
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RESOLUTION NO. 8532
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD
CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS: AUTHORIZING
THE CITY CLERK TO INVITE BIBS, AND APPROVE AN AGREEMENT
WITH DEVELOPER - CONTRACT NOS. 3210 and 3211
WHEREAS, the City Council of the City of Carlsbad has
determined it is necessary and in the public interest to
construct the Jefferson/Las Flores and Jefferson/Laguna signal;
and
WHEREAS, plans and specifications for the furnishing of
all labor, material, tools, equipment, transportation, and
other expenses necessary or incidental for said project,
Contract Nos. 3210 and 3211, have been prepared and are on file
in the Engineering Department of the City of Carlsbad and are
incorporated by reference herein;
WHEREAS, developer (Income Property Group) will
participate in the construction of Jefferson and Laguna signal;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. The plans and specifications as presented are hereby
approved.
3. The City Clerk of the City of Carlsbad is hereby
authorized and directed to proceed to publish, in
accordance with law, Notice to Contractors inviting bids
for the construction of the traffic signals in accordance
with the plans and specifications hereinabove referred
to.
4. That the Mayor of the City of Carlsbad is hereby
authorized and directed to execute an agreement on behalf
.
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of the City of Carlsbad.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Carlsbad City Council held on the 6th day of ~av 9
1986 by the following vote, to wit:
AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine
NOES:
ABSENT: None
ATTEST: MARY H.@ASLER, t Mayor
ALETHA L. RAUTENKRANZ, City Clkrk
( SEAL)
RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: 1 1 CITY OF CARLSBAD 1 1200 Elm Avenue 1 Carl sbad, CA 92008 1
REIMBURSEMENT AGREEMENT FOR PUBLIC IMPROVEMENTS
THIS AGREEMENT is made by the City of Carlsbad, a municipal
corporation, hereinafter referred to as "City" and Villas de Carlsbad, A
Cali fornia Limited Partnership, hereinafter referred to as "Property
Owner.
REC I TAL S
WHEREAS, Property Owner has applied to City for approval of
Conditional Use Permit No. 255; and
WHEREAS, Resolution No. 7909 conditionally approving Conditional Use
Permit No. 255 in Condition No. 37 required the Property Owner to pay for
one-half (1/2) the cost of a traffic signal at the intersection of Laguna
Drive and Jefferson Street prior to issuance of any building permit for
the project; and
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WHEREAS, City has estimated the Property Owner's share of the cost of
the traffic signal at $35,000; and
WHEREAS, Property Owner, in consideration of the approval of the
Project has deposited with the City an amount equal to $35,000; and
WHEREAS, Property Owner desires to enter into this agreement to
establish a means of reimbursement should the actual construction cost of
the signal be less than the estimated cost of the signal; and
WHEREAS, City desires to enter this agreement to establish a means of
reimbursement should the actual construction cost of the signal be greater
than the estimated cost of the signal.
NOW, THEREFORE, IT IS AGREED between the parties hereto as follows:
SECTION 1: That the above recitations are true and correct.
SECTION 2: After plans and specifications are provided and approved,
by the City and as soon thereafter as practicable, City shall commence
construction and diligently pursue to completion the traffic signal in
conformance with said plans and specifications. The means for any manner
of said construction shall be at the sole discretion of City.
A
SECTION 3: Upon completion and acceptance of the traffic signal
construction, the City Council of the City shall determine the total costs
to be paid by Property Owner based on the final amount City paid to the
traffic signal contractor, plus the costs of contract administration and
inspection. City shall provide Property Owner with an audited accounting
*
of the total traffic signal costs setting forth the amounts paid for
materials and labor, which audit shall be approved by the City Manager.
Said audit shall be given to Property Owner at the time of completion and
acceptance of the traffic signal construction. Property Owner shall pay
one-half of the total construction cost.
SECTION 4: If the total cost to be paid by the Property Owner as
determined by Section 3 above exceeds $35,000, the Property Owner shall
reimburse the City for the Property Owner's share in excess of $35,000
plus simple interest at an annual rate of ten percent (10%) from the date
of completion and acceptance by City until the money is repaid by the
Property Owner.
SECTION 5: If the total cost to be paid by the Property Owner as
determined by Section 3 above is less than $35,000, the City shall
reimburse the Property Owner the difference between $35,000 and the
Property Owner's share plus simple interest at an annual rate of ten
percent (10%) from the date of completion and acceptance by City until the
money is repaid by the City.
SECTION 6: City agrees that execution of this agreement shall
constitute full satisfaction of Property Owner's ob1 igation to City under
Condition No. 37 of Resolution No. 7909 approving Conditional Use Permit
No. 255.
SECTION 7: In the event of any legal action or proceeding brought by
either party against the other to enforce or interpret any provision of
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this agreement, the prevai 1 i ng party shall be en ti tl ed to
of its attorneys plus court costs as well as all fees and
with an appeal until final determination.
Dated : , 1986.
VILLAS DE CARLSBAD, LTD CITY OF CARLSBAO
recover the fees
costs associated
MARY H. CASLER, Mayor
APPROVED AS TO FORM: ATTEST:
VINCENT F. BION DO ALETHA L. RAUTENKRANZ City Clerk City Attorney
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