HomeMy WebLinkAboutCarltas Company; 1988-07-29;m 0
1200 ELM AVENUE TELEPI-
CARLSBAD, CALIFORNIA 92008 (619) 434
Office of the City Clerk Mitg of Marlsbah
August 25, 1988
Mr. Christopher Calkins
Carltas Company
P. 0. Box 488
Encinitas, CA 92024
RE: MEMORANDUM OF AGREEMENT REGARDING PALOMAR AIRPORT ROAD WEST
ASSESSMENT DISTRICT
The Carlsbad City Council, at their meeting of August 23, 1988,
adopted Resolution No. 88-311, approving an agreement with your
firm regarding the Palomar Airport Road West Assessment District.
Enclosed for your records, is a fully-executed original agreement
and a copy of Resolution No. 88-311.
mA- ALETHA L. RAUTENKRANZ
City Clerk
ENCS.
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MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF CARLSBAD
AND THE CARLTAS COMPANY, A CALIFORNIA LIMITED PARTNERSHIP,
REGARDING THE PALOMAR AIRPORT ROAD WEST ASSESSMENT DISTRICT
THIS MEMORANDUM OF AGREEMENT, made and entered into as
of the 29th day of July, 1988, by and between the CITY OF
CARLSBAD, a municipal corporation, hereinafter referred to as
llCity,tl and the CARLTAS COMPANY, a California Limited
Partnership, hereinafter referred to as llCarltas.lt
WHEREAS, the City, acting as administrators of the
Palomar Airport Road West Assessment District, hereinafter
referred to as the tlDistrict,tl project number 3151, is
currently constructing, or causing to be constructed, certain
improvements to Palomar Airport Road within the City of
Carlsbad; and
WHEREAS, Carltas is a property owner within the
aforementioned District boundaries and participating in said
assessment district; and
WHEREAS, Carltas has requested the City, as
administrators of the District, to effect certain
modifications for the benefit of Carltas to the improvements
currently under construction for said District; and
WHEREAS, the City Council of the City of Carlsbad, by
this agreement, finds it necessary, desirable and in the
public interest to assist Carltas with said modifications to
the District's improvements; and
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WHEREAS, said requested modifications and all related
costs thereof shall be the sole financial responsibility of
Carltas and will not, as a result of this agreement,
adversely effect the interests of City or other District
participants:
NOW, THEREFORE, in consideration of these recitals and
the mutual covenants contained herein, City and Carltas do
hereby agree as follows:
1. Carltas does hereby formally request City, as
administrators of the District, and City does hereby agree to
modify said improvements to include "BID ALTERNATE NO. 1" as
generally described in the City's plans, specifications, and
contract documents for the construction of said District,
more specifically, unit item numbers 96 through 106
inclusive, pages 14 and 15, of said specifications on file
with City.
2. It is understood by the parties to this agreement
that said unit items and quantities are considered estimates
for bidding purposes. Carltas does hereby agree to be
responsible to City, as administrators of said District, for
all final quantities and costs, as well as all other
construction items and costs, reasonably necessary to carry
out the construction of BID ALTERNATE NO. 1, consistent with
the general intent of this agreement.
3. City, as administrators of said District, has on
July 19, 1988, awarded a construction contract to the M.L.
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Chilcote Company Incorporated to construct said District's
improvements. M.L. Chilcote Company Incorporated's estimated
cost to the District to construct BID ALTERNATE NO. 1 is
$484,329.64, subject to completion of final construction
quantities. Carltas does hereby agree to be assessed by
District all final costs for completion of BID ALTERNATE NO.
1, including all other District related expenses necessary to
assess said costs to Carltas, including, but not limited to,
bond discount costs, reserve fund costs, and District
capitalized interest.
4. Carltas does hereby agree that all terms,
conditions, and provisions hereof shall insure to and shall
bind each of the parties hereto, and each of their respective
heirs, executors, administrators, successors, and assigns.
5. This agreement shall be effective on and from the
day and year first above written.
IN WITNESS WHEREOF, we have hereunto set out hands and seals.
CARLTAS COMPANY A California Li
BY
BY
ATTESTED:
d2z-xLdQ*
City Clerk