HomeMy WebLinkAbout1988-12-06; City Council; Resolution 88-421t
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1 I/ RESOLUTION NO. 88-421
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA ACCEPTING FOUR AGREEMENTS AND APPROPRIATING FUNDS
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WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNI
presented by certain property owners a petition requesting the cons’
7 11 certain public improvements to be constructed pursuant to the
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provisions of the “Municipal Improvement Act of 1913” in a special
district known and designated as
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ASSESSMENT DISTRICT NO. 88-1
(ALGA ROAD)
l2 // (hereinafter referred to as the ”Assessment District”); and,
13 11 WHEREAS, the City Council has authorized the initiation of the
l4 I/ District; and
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WHEREAS, Pacific Rim Land Associates Limited Partnership (Prop(
has deposited $85,000 and further agreed to deposit additional funds ul
and
I* I/ WHEREAS, Property Owner has submitted an Assessment District Rei
19 I Agreement; and,
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WHEREAS, Property Owner has also submitted and Assessment
Initiation and Waiver Agreement; and,
WHEREAS, the engineering firm of NBS/Lowry has submitted
Supplemental Agreement for Assessment Engineering Services; and,
WHEREAS, the law firm of Brown and Diven has submitted a Speci
Agreement ; and ,
WHEREAS, the City Council has determined it to be in the pub1 il
to accept said agreements;
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x /I NOW, THEREFORE, BE IT RESOLVED by the City Council of the City o
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California, as follows:
1. That the above recitation are true and correct.
2. That the above mentioned agreements, attached hereto and ir
5 /I herein by reference, are approved and the Mayor and City Clerk
6/1 authorized to execute said agreements thereafter.
7 11 3. Developers shall deposit money in advance for any work
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under said agreement and shall be billed for all additional costs
original deposits.
4. All funds received previously or to be received in the f
11// the developer for work in connection with said agreements
I.2 /j administration time are hereby appropriated.
I.3 /I PASSED, APPROVED AND ADOPTED at a regular meeting of the Car'
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Council held on the 6th day of December ¶1
following vote, to wit:
AYES: Council Members Lewis, Pettine, Mamaux and Larson
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NOES: None
ABSENT: Council Member
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(SEAL) 22
Jk ALETHA L. RAUTENKRANZ, City Cleitk
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ASSESSMENT DISTRICT REIMBURSEMENT AGREEMENT
THIS AGREEMENT is made and entered into this day oJ , 1988, by and between the CITY OF CARL- a Public
Agency of the State of California (hereinafter referred to as I1City"), and PACIFIC
RIM LAND ASSOCIATES LIMITED PARTNERSHIP, a Delaware limited partnershir
(hereinafter referred to as "Property Owner").
RECITALS - - - - - - - -
A. Property Owner owns certain real property that at this time is proposed to
be included within the boundaries of a proposed special assessment district
where the City would be conducting proceedings under the provisions of the
"Municipal Improvement Act of 1913", being Division 12 of the Streets and
Highways Code of the State of California, said special assessment district
hereinafter known and designated as
ASSESSMENT DISTRICT NO 88-1
ALGA ROAD
(hereinafter referred to as the "Assessment District").
B. Property Owner is in agreement to providing environmental, engineering,
surveying and related services, and to advancing funds to allow the City to
pay for all initial consulting and administration costs and expenses related
to said proceedings, said services and monies being subject to reimbursement or credit upon a successful confirmation of assessments and
sale of bonds.
C. The parties hereto wish to enter into an Agreement to provide for the
advancement of funds and reimbursement or credit for services and monies
previously advanced.
AGREEMENT """"_
. SECTION 1. The Property Owner shall advance monies to the City upon demand to
pay all preliminary costs for consultants and staff administration
necessary for the formation of the special Assessment District, and if
said costs are not advanced, the consulting services will not proceed.
The City agrees to keep records to clearly show the amount of
monies advanced for preliminary consulting or administrative
services. The Property Owner agrees to keep records to clearly show
monies expended for environmental, engineering, surveying, and
related services. Upon completion of the proceedings and a
successful sale of bonds, Property Owner can have the following
options:
a. All services and monies advanced shall be reimbursed in cash;
b. All services and monies advanced shall be applied as a credit
upon its assessments.
c. A combination of the above.
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SECTION 2. The costs and expenses advanced shall pay for the following services:
a. Appraisal (Roberts & Roberts)
b. Acquisition (William MacFarlane)
c. Right-of-way Legal (Asaro & Keagy)
d. Bond Counsel (Brown & Diven)
e. Engineer of Work (NBS/Lowry)
f. City administrative time.
For the scope of the work and terms and conditions of the contract.
for the above referenced consultant or consultants, reference is mad(
to the contracts on file in the Office of the City Clerk.
SECTION 3. The monies to be advanced shall be deposited and advanced to tht
City at the time of execution of this Agreement in the amount oJ
$156,500. Said monies shall be used to pay for preliminary costs anc
expenses for bond counsel, assessment engineering services and Cit)
administrative time.
If additional monies are necessary, the City shall make demand upor
Property Owner and Property Owner shall immediately thereafter
within fifteen (15) working days, deposit said monies with the City tc
cover the balance of the costs and expenses.
This Agreement is intended to cover only preliminary legal expenses
assessment engineering services and City administrative time. I!
additional categories of work not covered in Section 2 above are
required and needed, a supplemental Assessment District Reimburse-
ment Agreement will be executed.
SECTION 4. If the proceedings are not successful and are abandoned prior to any
successful sale of bonds, there will be no obligation on the City to
reimburse Property Owner for any costs and expenses advanced, and
the City does agree to the following:
a. Reimbursement of any surplus monies the City has on deposit ir
excess of those needed for final payment of consulting service:
and/or administrative time; and,
b. All other funds previously paid shall not be subject to reim-
bursement.
SECTION 5. All plans, specifications, and other preliminary documentation as
prepared shall become the property of the City, regardless as to
whether the Assessment District is actually formed or confirmed.
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SECTION 6. This Agreement does not in any way create an obligation or vestinx
that the City will decide to proceed with a special assessmen.
district, and the City expressly reserves the right to abandon the
proceedings at any time prior to the conclusion of the public hearing.
SECTION 7. This Agreement shall be binding on the successors and assigns of tht
parties hereto.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day an1
year first hereinabove written.
PACIFIC RIM LAND ASSOCIATES CITY OF CARLSBAD
LIMITED PARTNERSHIP, a Delaware
limited partnership
PACIFIC RIM LAND ASSOCIATES
LIMITED PARTNERSHIP
a Delaware corporation, CLAUDE A. LEWIS, Mayor BY: v
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Title: Vice President/General Manager
APPROVED AS TO FORM: ATTEST:
VINCENT F. BIONDO JR., ALETHA L. RAUTENKRANZ,
City Attorney City Clerk
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ASSESSMENT DISTRICT INITIATION
AND WAIVER AGREEMENT
THIS AGREEMENT entered into this day of
1988, by and between the CITY OF CARLSBAD, a municipal corporation of the
State of California (hereinafter referred to as "City"), and PACIFIC RIM LANC
ASSOCIATES LIMITED PARTNERSHIP, a Delaware limited partnershii
(hereinafter referred to as "Property Owner").
WHEREAS, Property Owner is expressly petitioning and'requesting that Cit!
initiate special assessment proceedings pursuant to the provisions of the "Municipa
Improvement Act of 19 13" (Division 12 of the Streets and Highways Code of tht
State of California) to form a special assessment district for the purpose 0:
financing and constructing certain public improvements that will be a benefit tc the property owned by Property Owner, said special assessment district to bc
known and designated as ASSESSMENT DISTRICT NO. 88-1 (Alga Road
("Assessment District"); and,
WHEREAS, City is willing to acquiesce and to undertake proceedings tc
form said special Assessment District pursuant to the request of Property Owner
and it is further acknowledged by both City and Property Owner that City has no
promoted or initiated the special assessment proceedings and it is furthe
acknowledged that Property Owner has not been required by City to utilize saic
special assessment district financing and that alternate forms of financing thc public facilities are available to Property Owner; and,
WHEREAS, it is further acknowledged by both City and Property Owner tha
certain of the costs and expenses for the special assessment proceedings will bc
assessed to the benefitting properties owned by Property Owner; and,
WHEREAS, it is further acknowledged by both City and Property Owner tha
by initiating the proceedings for this Assessment District that the Property Owne
does not have any present and/or future vestings to land use or change of land use
and that the' Assessment District proceedings, subsequent confirmation o
assessment and resulting liens do not in any way guarantee any rights to develo'
said property, and Property Owner is a volunteer to the initiation of sail
proceedings;. and,
WHEREAS, it is further acknowledged that City has adopted a Growti
Management Program, one of the primary purposes of which is to prevent growtl unless adequate public facilities and services are provided and which contains
among other things, Public Facilities and Service Performance Standards and , Citywide Facilities and Improvement Plan; and
WHEREAS, the property owned by Property Owner (the "Property") an'
included within the boundaries of this Assessment District is that property as se
forth and described in the attached, referenced and incorporated Exhibit "A".
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
SECTION 1. The above recitals are all true and correct.
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SECTION 2. Property Owner acknowledges that City has adopted a Growtl
Management Program which will require compliance wit1
Performance Standards, the Citywide Plan and completion of a Loca
Facility Management Plan and which may require payment of fee
and construction of additional public facilities beyond those to bc
constructed within the assessment district before development cal
take place.
SECTION 3. Property Owner acknowledges that through Property Owner's reques.
for initiation of proceedings and City's acquiescence to tht
proceedings, that Property Owner does not gain or develop any vestec
rights to further development, land use or zone change to tht
Property.
SECTION 4. Property Owner hereby waives any right, entitlement or claim whicl
Property Owner has or may have resulting from any public
infrastrucure facilities constructed utilizing assessment distric
financing.
SECTION 5. Neither the establishment of an assessment district, the levy o
assessments, the issuance of bonds, the payment of assessments, no]
any combination thereof, shall create in the Property Owner an)
vested right or entitlement to develop the Project either ir
accordance with the existing land use of the Property or any othel
particular level, type or intensity of land use.
SECTION 6. Property Owner hereby waives any cause of action and agrees tc
forebear from bringing suit against the City, its officers and/ot
employees, seeking to enforce any right, entitlement or claim 01
seeking monetary damages or any other form of equitable or othel
relief whatsoever, related to the formation of the Assessmen.
District.
SECTION 7. This Agreement may not be amended except by written instrumenl
executed by the parties hereto.
SECTION 8. The terms and provisions of this Agreement shall be binding upon anc
inure to the successors, assigns and beneficiaries of the parties.
SECTION 9. Upon execution of this Agreement by the parties hereto, the Cit)
shall cause this Agreement to be recorded in the Office of the
County Recorder of the County of San Diego.
SECTION 10. In the event that any legal proceedings are instituted by the City tc
enforce any term or provision of this Agreement, the City shall be
entitled to recover its attorney's fees and costs from the Propert)
Owner.
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IN WITNESS WHEREOF, this Agreement has been executed by the parties heretc on the day and year first written above.
PACIFIC RIM LAND ASSOCIATES CITY OF CARLSBAD
LIMITED PARTNERSHIP, a Delaware
lirnitefl&?CFfE RI8 LAND ASSOCIATES rt rshi
LIMITED PARTNERSHIP
a Delaware corporation,
general partner
BY: W=L*V
BY! CLAUDE A. LEWIS, Mayor
T1TLE: Vice President/GeneralManager
APPROVED AS TO FORM: ATTEST:
' VINCENT F. BIONDO, JR., ALETHA L. RAUTENKRANZ,
City Attorney City Clerk
e Exhibit A 0
THE PROPERTY
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SESSMENT DISTRICT BOUNDARY
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r El 3 Legend: "- FUTURE ROAD
P&D Technologies
SAN DIEGO, CALFORNIA e2101 6 401 WEST A STREET 8UTE 2500
Telephone: (619) 232-4466 11111111111111111111lllllllnlll PROPOSED PROJECT NOT T
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9TH SUPPLEMENTAL AGREEMENT TO AGREEMENT FOR ASSESSMENT ENGINEERING SERVICES
DATED MARCH 13, 1985
(MASTER AGREEMENT)
THIS 9TH SUPPLEMENTAL AGREEMENT to the above descrik
agreement as approved by the City Council of the City
Carlsbad on March 12, 1985, hereinafter referred to
"Master Agreement", is made and entered into as of the
day of , 1988, by and between CITY OF CARLSBP
a municipal corporation, hereinafter referred to as "Cit
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and NBS/LOWRY INCORPORATED, hereinafter referred to
"Consultant".
RECITALS
City requires the services of an assessment engineeri
consultant to assist in processing of an assessment distri.
in Local Management Plan Zone 19.
The major land owner, HPI Development Co., has had prepared
preliminary feasibility and cost study €or an Assessme1
District and have requested the City to commence procedure
for the formation of an Assessment District to be known z
the Aiga Road Assessment District.
NOW, THEREFORE, City and Consultant mutually agree I
supplement the above referenced agreement as follows:
1. CONSULTANT'S OBLIGATION
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The following paragraphs are intended to encompass a
duties and responsibilities of the "Engineer of Work" and t
"Assessment Engineer," as such terms are customarily used
proceedings under the Municipal Improvement Act of 1913 a:
the Improvement Bond Act of 1915. In addition, Consulta:
shall be responsible for providing public information wi,
regard to the Alga Road Assessment District for City.
Consultant shall perform all work necessary to assi
the City Engineer in processing the Alga Road Assessmer
District. The work shall include but not be limited to tk
following as directed by the City Engineer:
a. Mappinq - Prepare maps (boundary maps a1
assessment diagrams) and related documents required under tl
Municipal Improvement Act of 1913.
b. Engineer's Report and Investigation Report
Prepare the Engineer's Report required by said Act and th
Investigation Report required by The Special Assessmer
Investigation, Limitation and Majority Protest Act of 1931.
c. Property Listings - Prepare and keep current tk
following lists for all properties:
0 A mailing list of the record owners of all
parcels within Assessment District includin
* assessment number and the assessor's parce
number, legal description, mailing address o
owner, value of land and improvements, an
amount of assessment.
0 An alphabetical list of the record owner
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of all parcels within Assessmc
District.
d. Printing and mailing of Notices - In connectj
with formal hearings to be held, arrange for printing E
mailing of notices prepared by the bond counsel. Prepare 2
arrange for printing and mailing general information materi
to all property owners in accordance with the legal ti
schedule. Arrange for printing of hearing and posted notic
and posting as required by said Act. Remove posted notic
promptly after hearings.
e. Testing of Assessment Criteria - Review z
alternative criteria or methods of assessment for t
individual parcels of land. Hold meetings with the Ci
staff, affected land owners, bond counsel, and financi
consultant on a periodic basis for review and testing
assessment criteria.
f. Bond Sale Information - Provide informati
necessary for the bond counsel or financial consultan
including but not limited to: information for bond opinio
-' information to be included in an official statement to
issued by the City to bond purchasers, including a
information contained in the Engineer's Report; and gener
information and data regarding the Assessment District.
g. Informal Meetings - Attend all informal meetings
hearings held for the purpose of disseminating information
the public. Prior to such meetings or hearings, prepare a
assemble information for purposes of making a complete a
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factual presentation. Prepare sufficient copies of writt
information for public distribution.
h. Formal Hearings - Attend all hearings held und
said Act, fully prepared to present all necessary testimo
and to respond to all public comments. Prior to the hearin
prepare a booklet for each member of the City Council a
reach staff member consisting of a proposed agend
Engineer's Report, summary of construction bids, tabulati
of final assessment on each parcel of land, alphabetical li
of ownership, and general information. Prior to conclusi
of the hearing, tabulate all protests and file a writt
summary thereof with the City Clerk.
i. Filing Assessment Documents - After the fin
hearing for the formation of the Assessment District, fi
the assessment diagram, roll and notice of assessment wi
the appropriate public officials, such as the City Cler:
Superintendent of Streets, County Recorder, County Surveyo:
Treasurer or Paying Agent, and other City and Coun:
officials.
j. Final Assessment Notices - Prepare final assessme]
notices and arrange for mailing said notices to proper1
owners, as requested and confirmed by the City Council at tl
hearing.
k. Unpaid Assessment List and Bonds - After expiratic
of the cash collection period, prepare a paid and unpaid li!
of assessments.
1. Treasurer's Report - Assist in the preparation of
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Treasurer's Report of unpaid assessments.
m. Acquisition Cost Analysis - Review all claims 1
reimbursement resulting from the acquisition of z
improvement constructed by owners pursuant to an acquisitj
agreement between City and Land Owner. Prepare detail
analysis of said claims and make recommendation to City
allowable acquisition costs.
n. Specifications and Bidding Documents - Prep?
quantity take-off, specifications and bidding documents
required, for construction plans prepared by Land Owner
Engineer to allow public bidding of the work of improveme
. by the City. Consultant shall analyze bids and ma
recommendation to the City.
0. Plan Checking -
1. Checking Improvement Plans for those pub1
facilities to be included in the Assessme
District as said plans are proposed a
submitted to City for review and checking.
2. Checking and review of right-of-way documen
to include legal descriptions, plats a
conveyance documents. Provide control 1 a
a indexing of said right-of-way document
Assure City that all right-of-way required
the assessment district is provided for in t
documents.
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p. Project Management -
Provide management and coordination services
include but not limited to the following:
1. Monitor program schedule and advise City '
slippage, discrepancies, omissions, k8
milestones and potential problem areas.
2. Representing City, to work and coordina
closely with property owners and the
representatives to evaluate problems, answl
questions and attempt to keep Assessme.
District on schedule.
3. Prepare periodic written reports to City.
2. ADDITIONAL SERVICES
When authorized in writing by the City Enginee:
Consultant shall perform or obtain from consultants (
subcontractors approved by City, additional services
connection with the Project not otherwise provided for
this Agreement. Said additional. services shall be paid fl
by City as provided in Section 5 of the Master Agreement.
3. PERIOD OF SERVICE
Work shall begin within ten (10) calendar days aft1
receipt of notification to proceed by the City Enginee.
Work shall proceed in a diligent manner to conclusic
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according to a schedule approved by the City Enginee
Extensions of time may be granted by the City Engineer
accordance with Section 3 of the Master Agreement.
The date of the public hearing before the City Counc
has not been set.
4. FEES TO BE PAID TO CONSULTANT
A, City shall pay Consultant for services describ
under Section 1, paragraphs a through 1 inclusive, of th
Supplemental Agreement, a lump sum fee of Fifty Thousa
Dollars ($50,000) less a $2,000 credit per letter agreeme
dated' June 7, 1988 for a total lump sum fee of Forty-eigl
Thousand Dollars ($48,000).
b. City shall pay Consultant for services describc
under Section 1, paragraphs m through p inclusive, of th:
Supplemental Agreement, on an hourly rate basis per curre]
"Schedule of Hourly Billing Rates". A copy of the presel
"Schedule of Hourly Billing Rates" marked Exhibit "A" :
attached hereto,
c, Upon the execution of this Agreement, any payment
made by or billed to City by Consultant on an hourly rat
basis pursuant to the Master Agreement for this Assessmer
District shall be credited to and be considered as include
in the lump sum fee set forth above in this Section.
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IN WITNESS WHEREOF, This Supplement to Agreement dat
March 13, 1985, has been execu.ted by the parties throu
their duly authorized representatives as of the date fir
hereinabove written.
NBS/LOWRY INCORPORATED CITY OF CARLSBAD
By :
Claude A. Lewis, Mayor
Title: &e 2 L”J/@#~
APPROVED AS TO FORM: ATTESTED :
By : -
Assistant City Attorney City Clerk
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0 @ EXHIBIT "A"
/AVD~!/~=~IVIWFTZS
ENGINEERS 6 PLANNERS
SCHEDULE OF HOURLY BILLING RATES
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SPECIAL COUNSEL AGREEMENT
THIS AGREEMENT ie made and entered into this day of
1988, by and between the CITY OF CARLSBAD , CALIFORNIA, a public cor1
(hereinafter referred to as "City") , and BROWN & DIVEN, (hereinafter referre
"Counsel").
NOW, THEREFORE, IT IS HEREBY AGREED by and between the parties hereto as follc
SECTION 1. That Counsel shall perform legal services in connection w
proposed assessment proceedings and bond issuance in the mattc
proposed special assessment district known and designated as AS;
DISTRICT NO. 88-1 (ALGA ROAD) , (hereinafter referred to as the '
ment District") under proceedings conducted pursuant to the prc
of the "Municipal Improvement Act of 1913", being Division 12
Streets and Highways Code of the State of California.
Said services shall include:
A. Review of the dedication and acquisition of the streets an'
ments and other property in which work is proposed to be perfc
B. Examination of the plans and specifications for the propose
the boundary map and assessment diagram of the Assessment Di
the assessment roll and bondis, and the giving of instructi,
advice in connection with the foregoing;
C. Recommendations as to procedure, schedules and actions that
be conducted and taken;
D. Preparation of all resolutions, notices, contracts, bond for
other papers and documents required in the proceedings;
E. Examination of the proceedings, step by step, as taken;
F. Appear at all hearings under the proceedings, and attend any
where attendance is requested;
G. Make recommendations as to sale of bonds, if desired;
H. Perform legal services, if required, pursuant to the provis
the "Special Assessment Investigation, Limitation and M
Protest Act of 1931", being 13ivision 4 of the Streets and H
Code of the State of California;
I. Issuance of an approving legal opinion attesting to the vali
the proceedings and the issuance of the bonds.
Such legal services shall not include any services in connectil
the acquisition, by easement or c:ondemnation, of any easements o
interest in real property necessary for the proposed improv
These services can be provided by Counsel, by separate agreemc
des ired.
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SECTION 2. That the City shall perform as follows:
A. Furnish to Counsel such mape:, records, title searches, and
document8 and proceedings, or certified copies thereof,
available and may be reasonably required by Counsel i
performance of the services hereunder;
B. Pay to Counsel a fee computed on the confirmed assessm
follows:
ONE PERCENT (1%) of the first $1,000,000;
ONE-HALF PERCENT (1/2%) from $1,000,001 to $7,500,000;
ONE-EIGHTH PERCENT (1/8%) on the balance thereof.
ONE-QUAFTER PERCENT (1/4%) from $7,500,001 to $15,000,000;
C. Payment of the above-referenced fee shall be as follows:
All due and payable upon receipt of money from the sale and dl
of bonds to the successful underwriter.
SECTION 3. In the event the proceedings are terminated or abandoned p~
completion, Counsel shall be paid a reasonable fee for services rl
to date based on an hourly rate of $125.00 per hour, not to
$5,000.00.
SECTION 4. This Agreement contemplates that Counsel shall pay all ordinary
pocket expenses incurred, including travel , telephone and copy, i
only expenses to be billed to City would be extraordinary me
and/or overnight mail delivery services.
SECTION 5. That this Agreement may be terminated by either party hereto by
written notice thereof to the other party.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be exec
the day and year first hereinabove written.
"CITY"
CITY OF CARLSBAD
ATTEST :
MAYOR
CITY OF CARLSBAD
STATE OF CALIFORNIA
CITY CLERK
CITY OF CARLSBAD
STATE OF CALIFORNIA
F MACKENZIE BROWN