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HomeMy WebLinkAbout1988-05-24; City Council; Resolution 88-168I 1 0 0 RESOLUTION NO. 88-168 2 3 4 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING REIMBURSEMENT AGREEMENTS PERTAINING TO A SPECIAL ASSESSMENT DISTRICT 5 WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, CALIF1 6 construction of certain works of improvement, together with appurtel 9 Division 4 of the Streets and Highway Code of the State of Californi, 8 Assessment Investigation, Limitation and Majority Protest Act of 19: 7 heretofore commenced proceedings pursuant to the provisions of thr 10 appurtenant work, in a special assessment district known and designa 11 ASSESSMENT DISTRICT NO. 86-1 (PALOMAR AIRPORT ROAD) 12 13 14 15 (hereinafter referred to as the "Assessment District) ; and, WHEREAS, there exists certain property within the boundarir proposed Assessment District which cannot legally utilize the specia which would otherwise accrue to those properties from the 16 17 improvements as a result of the classification of said parcels as agriculture under the Me1 1 o I1 Local Coastal P1 an; and, l8 11 WHEREAS, the City Council has agreed to make a contributic 19 20 21 22 23 24 25 26 27 28 proposed Assessment District which would represent the assessments w be levied against said properties but for their classification as agri cul ture. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: 1. That the above recitals are all true and correct. /// /// /// /// /// /// 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 2. That the Reimbursement Agreements by and between the City Co. and Paul Ecke, Sr., attached hereto and made a part hereof approved, and the Mayor and City Clerk and authorized to ez Agreements on behalf of the City. PASSED, APPROVED AND ADOPTED at a regular meeting of tl City Council held on the 24th day of Mav by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine and Mamaux NOES: None ABSENT: None ABSTAIN: Council Member Lars ATTEST: ALETHA L. RAUTENKRANZ, City C1 er’k (SEAL) 0 0 REIMBURSEMENT AGREEMENT THIS AGREEMENT is made by and between the CITY OF CARLSB~ ( rtCityll) , a municipal corporation, and CARLTAS CO. ( ltOwnergl) a California limited partnership. RECITALS 1. The City Council of the City has initiated proceeding for the formation of a special assessment district pursuant to the terms and provisions of the tlMunicipa Improvement, Act of 1913Ig, being Division 12 of th Streets and Highways Code of the State of California for the construction of certain public works of improve ment, together with appurtenances and appurtenant work said assessment district to be known and designated as ASSESSMENT DISTRICT NO. 86-1 (PALOMAR AIRPORT ROAD) (hereinafter referred to as the ttAssessment District"). 2. The public works of improvement proposed to be constructe pursuanttothe Assessment District include street improve mentsto PalomarAirport Road, waterimprovements, drainag improvements, utility installation and acquisition o right-of-way. .. 3. Owner is the owner of certain real property located i the City of Carlsbad and identified as Assessorls Parce No. 211-021-19 (the vlPropertyrt). The Property is mor particularly described in Exhibit "Atr, which is attache hereto and by this reference made a part hereof. 4. The Property is currently included within the propose boundaries of the Assessment District and accordingly t the "Investigation Reporttt prepared for the City pursuan to the "Special Assessment Investigation, Limitation an Majority Protest Act of 1931, II the Property would b subject to assessment. 5. Pursuant to the proceedings of the 'ISpecial Assessmenf Investigation, Limitation and Majority Protest Act 0: 1931It, Owner has filed a written protest pertaining tc the formation of the Assessment District and the levy 0: the proposed assessment against the Property. Owner': protest is based upon Owner's belief that the Propert does not benefit from the proposed public works of impr. ovements as a result of limitations on development placec upon the Property under the current Local Coastal Plal and other land use restrictions. 6. Owner has agreed to withdraw its protest to the formatio: of the Assessment District if the City agrees to contributc to the Assessment District a sum equal to the assessmen against the Property and to modify the Assessment Distric. 0 0 proceedings to eliminate any proposed assessment again the Property. 7. City is willing to contribute the sum specified here if the Owner agrees to reimburse the City for such cc tribution plus interest as specified herein when and the Local Coastal Plan restrictions on development the Property and other land use restrictions a eliminated. 8. Owner is willing to agree to reimburse the City f monies advanced, provided that the terms and conditic hereinafter have a reasonable time limit andthe obligati is not perpetual. NOW, THEREFORE, upon the terms and conditions and for t consideration set forth hereinafter, the parties agrees follows: 1. City agrees that it will contribute funds to dischar the assessment against the property said amount estimat to be $ 395,889.82, which represents the currentpropos assessment against the Property, and approve a chan and modification in the Assessment District proceedin so that upon confirmation of assessments within t Assessment District no assessment would be levied again the Property. 2. Prior to the close of the protest hearing conduct pursuant to the "Municipal Improvement Act of 1913 Owner agrees to file with the City Clerk a written wit drawal of Owner's protest to the formation of the Distri and Owner agrees thereafter not to file a protest to su format ion. 3. When and if the Local Coastal Plan and other land u restrictions are so modified as to permit development the Property and the City's General Plan concurrent permits development of the Property and Owner requests permit to allow development on said land either throu a use permit, building permit, grading permit or su division or parcel map, Owner shall then immediately obligated to either (a) reimburse the City for the pri cipal amount of the City's contribution to the Assessme District, plus interest, as set forth herein, or contr bution to the Assessment District, plus interest, as s forth herein, or (b) execute a promissory note and de of trust pursuant to the terms and conditions as s forth hereinafter. For purposes of this Agreemen ltdevelopmenttt means the division of land, grading original construction of an improvement to the Propert which division of land, grading or construction is of t type normally associated with urbandevelopment as oppos to agricultural activity and which is capable of receivi and utilizing the special benefits accruing to the Proper from the construction of the public works of improveme pursuant to the Assessment District. 0 0 4. In lieu of paying the principal and interest upon deve opment, the Property Owner may, at its option, elect pay all sums necessary to bring current the amount as an assessment had been levied, and then to pay the balan due over a period of years, said period being the balan of the term for the issuance of bonds. This obligati to pay over a period of years shall be evidenced by note and deed of trust in form satisfactory to the Ci Attorney, and said amount may be prepaid at any ti without penalty. 5. The Reimbursement Agreement and obligation shall be . full force and effect for thirty (30) years, and tl Property Owner's obligation and payment shall accrl interest at the rate of eight and one-quarter percel (8.25%) per annum from the date of issuance of the bonc for the Assessment District for a period of fifteen (l! years. 6. Upon execution of this Agreement, the City shall cause copy of this Agreement to be recorded in the Office f the County Recorder of the County of San Diego. 7. This Agreement constitutes the entire agreement betwec the parties pertaining to the subject matter contain1 herein, and supercedes all prior and contemporaneol agreements, representations and understandings of tl parties. No supplement, modification or amendment c this Agreement shall be binding unless executed in writir by all the parties. No waiver of any of the provisior of this Agreement shall be deemed or shall constitute waiver of any other provision, whether or not simila~ nor shall any waiver constitute a continuing waiver. f waiver shall be binding unless executed in written by tl parties making the waiver. 8. This Agreement shall be binding upon and inure to tl benefit ofthe respective heirs, personal representative: successors and assigns of the parties hereto. 9. All warranties, representations, covenants, obligatio] and agreements contained in the Agreement shall survir the execution and delivery of this Agreement and any a] all performances in accordance with this Agreement. 10. In the event that judicial or other legal action j initiated pertaining to the enforcement ofthis Agreement the prevailing party in such action shall be entitled t reasonable attorney's fees and costs. 11. Any notice, request, demand or other communication to L given to either party hereunder shall be in writing ar shall be sent by registered or certified mail, as follows -i 0. 0 TO CITY: City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Attention: City Manager TO OWNER: Carltas Co. Christopher Calkins P.O. Box 488 Encinitas, CA 92024 Notice shall have been deemed to be given forty-eig (48) hours after the same has been deposited in t United States mail post office box in the State to whi the notice is addressed, or seventy-two (72) hours aft deposited in any such post office box other than t State in which the notice is addressed, postage prepai addressed as set forth above. The addresses and a dressees for such the purpose of this paragraph may changed by giving of written notice of such change in t manner provided herein for giving notice. Unless a until such notice is received, the last address a addressee stated by written notice, shall be deemed continue in effect for all purposes hereunder. IN WITNESS WHEREOF, the parties hereto have executed th Reimbursement Agreement on the date and year set forth belc EXECUTED at Carlsbad , California, this adisL day of (7%- 1988. By : aQ&Ca-. J Rh ALETHA L. MLJTENKRANZ, City Cle EXECUTED A&- ZdL i ,d I ,C% , California, this /y day of #”?&/( 1988. t A v e REIMBURSEMENT AGREEMENT THIS AGREEMENT is made by and between the CITY OF CARLSBJ ( "Cityv1) , a municipal corporation, and PAUL ECKE, SR. (glOwnerlt) an individual. RECITALS 1. The City Council of the City has initiated proceedin! for the formation of a special assessment districl pursuant to the terms and provisions of the '"unicip; Improvement, Act of 1913l', being Division 12 of tl Streets and Highways Code of the State of Californii for the construction of certain public works of improvc ment, together with appurtenances and appurtenant worl said assessment district to be known and designated as ASSESSMENT DISTRICT NO, 86-1 (PALOMAR AIRPORT ROAD) (hereinafter referred to as the "Assessment District") 2. The public works of improvement proposed to be constructc pursuanttothe Assessment District include street improvc mentsto PalomarAirport Road, waterimprovements, draina! improvements, utility installation and acquisition ( right-of-way. "_. 3. Owner is the owner of certain real property located . the City of Carlsbad and identified as Assessor's Parcc No. 212-041-05 (the "Propertytv). The Property is mo: particularly described in Exhibit lvAfg, which is attachc hereto and by this reference made a part hereof. 4, The Property is currently included within the propos' boundaries of the Assessment District and accordingly 1 the llInvestigation Reporttf prepared for the City pursua] to the lgSpecial Assessment Investigation, Limitation a] Majority Protest Act of 1931, II the Property would 1 subject to assessment. 5. Pursuant to the proceedings of the !'Special Assessmei Investigation, Limitation and Majority Protest Act I 1931", Owner has filed a written protest pertaining ' the formation of the Assessment District and the levy t the proposed assessment against the Property. Owner protest is based upon Owner Is belief that the Proper does not benefit from the proposed public works of imp: ovements as a result of limitations on development placc upon the Property under the current Local Coastal PL and other land use restrictions. 6. Owner has agreed to withdraw its protest to the formatil of the Assessment District if the City agrees to contribu to the Assessment District a sum equal to the assessme: against the Property and to modify the Assessment Distrii e e proceedings to eliminate any proposed assessment again: the Property. 7. City is willing to contribute the sum specified here: if the Owner agrees to reimburse the City for such COI tribution plus interest as specified herein when and : the Local Coastal Plan restrictions on development ( the Property and other land use restrictions a3 eliminated. 8. Owner is willing to agree. to reimburse the City fc monies advanced, provided that the terms and conditio] hereinafter have a reasonable time limit and the obligatic is not perpetual. NOW, THEREFORE, upon the terms and conditions and for tl consideration set forth hereinafter, the parties agrees E follows: 1. City agrees that it will contribute funds to discharc the assessment against the property said amount estimatr to be $ 131,767.96, which represents the current proposr assessment against the Property, and approve a chanc and modification in the Assessment District proceedinc so that upon confirmation of assessments within tl Assessment District no assessment would be levied againE the Property. 2. Prior to the close of the protest hearing conduct6 pursuant to the "Municipal Improvement Act of 1913' Owner agrees to file with the City clerk a written wit1 drawal of Owner's protest to the formation of the Distric and Owner agrees thereafter not to file a protest to SUC formation. 3. When and if the Local Coastal Plan and other land UI restrictions are so modified as to permit development c the Property and the City's General Plan concurrent1 permits development of the Property and Owner requests permit to allow development on said land either throug a use permit, building permit, grading permit or suk division or parcel map, Owner shall then immediately k obligated to either (a) reimburse the City for the prin cipal amount of the City's contribution to the Assessmen District, plus interest, as set forth herein, or,contri bution to the Assessment District, plus interest, as se forth herein, or (b) execute a promissory note and dee of trust pursuant to the terms and conditions as se forth hereinafter. For purposes of this Agreement '8developmentt1 means the division of land, grading c original construction of an improvement to the PropertS; which division of land, grading or construction is of tk type normally associated with urban development as oppose to agricultural activity and which is capable of receivir and utilizing the special benefits accruing to the Propert from the construction of the public works of improverner pursuant to the Assessment District. 0 e 4. 5. 6. 7. 8. 9. 10. 11. In lieu of paying the principal and interest upon deve opment, the Property Owner may, at its option, elect pay all sums necessary to bring current the amount as an assessment had been levied, and then to pay the balan due over a period of years, said period being the balan of the term for the issuance of bonds. This obligati to pay over a period of years shall be evidenced by note and deed of trust in form satisfactory to the Ci Attorney, and said amount may be prepaid at any ti: without penalty. The Reimbursement Agreement and obligation shall be full force and effect for thirty (30) years, and t: Property Owner's obligation and payment shall accr interest at the rate of eight and one-quarter perce: (8.25%) per annum from the date of issuance of the bonl for the Assessment District for a period of fifteen (1 years . Upon execution of this Agreement, the City shall cause copy of this Agreement to be recorded in the Office c the County Recorder of the County of San Diego. This Agreement constitutes the entire agreement betwet the parties pertaining to the subject matter containt herein, and supercedes all prior and contemporaneol agreements, representations and understandings of tl parties. No supplement, modification or amendment ( this Agreement shall be binding unless executed in writi~ by all the parties. No waiver of any of the provisio~ of this Agreement shall be deemed or shall constitute waiver of any other provision, whether or not simila~ nor shall any waiver constitute a continuing waiver. 1 waiver shall be binding unless executed in written by tl. parties making the waiver. This Agreement shall be binding upon and inure to tk benefit ofthe respective heirs, personal representatives successors and assigns of the parties hereto. All warranties, representations, covenants, obligatior and agreements contained in the Agreement shall survi1 the execution and delivery of this Agreement and any ar all performances in accordance with this Agreement. In the event that judicial or other legal action j initiated pertaining to the enforcement of this Agreement the prevailing party in such action shall be entitled t reasonable attorney's fees and costs. Any notice, request, demand or other communication to k given to either party hereunder shall be in writing an shall be sent by registered or certified mail, as follows :, *I ,* e a .f TO CITY: City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Attention: City Manager TO OWNER: Notice shall have been deemed to be given forty-eig (48) hours after the same has been deposited in t United States mail post office box in the State to whi the notice is addressed, or seventy-two (72) hours aft deposited in any such post office box other than t State in which the notice is addressed, postage prepai addressed as set forth above. The addresses and a dressees for such the purpose of this paragraph may changed by giving of written notice of such change in t manner provided herein for giving notice. Unless a until such notice is received, the last address a addressee stated by written notice, shall be deemed continue in effect for all purposes hereunder. IN WITNESS WHEREOF, the parties hereto have executed th Reimbursement Agreement on the date and year set forth belo EXECUTED at Carlsbad , California, this dd* day of %, 1988. By : ALETHA L. RAUTENKRANZ, City Clekk EXECUTED A?& gdd/ r\/ 1 1-5 , California, this 13 day of Me/ c 1988. "OWNER" By : @+%A%* PAUL ECKE, SR. A A RAAA v~---~