HomeMy WebLinkAboutContinental commercial Corp; 1995-06-23;REIMBURSEMENT OF COST TO
DEMOLISH PONTO DRIVE BRIDGE
OVER CARLSBAD BOULEVARD
(“AGREEMENT”)
WHEREAS, Continental Commercial Corporation, a California corporation (“Developer”)
is processing for development within the City of Carlsbad (“City”) a development project
known and identified as Carlsbad Tract 93-10, Seapointe Resort (“Project”); and,
WHEREAS, Developer is required pursuant to the conditions of approval for the’Project
to construct a new intersection connecting Ponto Drive with Carlsbad Boulevard; and,
WHEREAS, as a consequence of the construction of the new Ponto Drive intersection,
the existing Ponto Drive bridge structure over Carlsbad Boulevard will be taken out of
service and closed to traffic; and,
WHEREAS, the Developer and City mutually agree that it would be beneficial to demolish
and remove the existing Ponto Drive bridge structure for public safety and liability
purposes and to improve the visual appearance of the road improvements associated
with the Project; and,
WHEREAS, the Developer is not required pursuant to the conditions of approval for the
Project to demolish and remove the Ponto Drive bridge structure; and,
WHEREAS, the developer has offered to demolish and remove the existing Ponto Drive
bridge structure concurrent with the construction of the new intersection improvements,
provided that the City assist with the payment for the demolition and removal work; and,
WHEREAS, the City has offered to pay $12,500 to the Developer to assist with the
demolition and removal of the Ponto Drive bridge structure;
NOW THEREFORE, in consideration of the preceding recitals, Developer and City agree
as follows:
1. Developer will cause the demolition and removal of the Ponto Drive bridge structure
which work is more particularly described as follows:
Demolition of the existing Ponto Drive bridge structure including bridge
abutments, removal of all concrete, steel, guard rail, fencing, rock and other
debris to a landfill or other disposal site which is approved to receive such
materials by the appropriate governing agencies, grade and restore the slopes
beneath and immediately below the demolished bridge to effect a smooth
transition to adjacent graded slopes, installation of appropriate erosion control
measures and landscaping to stabilize the graded slopes against erosion and,
revision to the approved construction plans to show the proposed demolition,
erosion control and landscaping work.
2. Developer shall complete all work described in Section 1, above, at Developer’s own
expense in conformance with City Standards.
3. Developer or Developer’s contractor shall obtain a right-of-way permit and conform to
all City right-of-way permit requirements including the standard City requirements for
provision of liability insurance.
4. City shall issue a right-of-way permit for the work, described in Section 1, above, at
no cost to Developer or Developer’s contractor.
5. Upon completion of all work described in Section 1, above, the City shall pay to the
developer the sum of $12,500 as reimbursement for the City’s share of the cost for the
demolition and removal of the Ponto Drive bridge structure as described in Section 1
above. Such payment shall be the total amount paid to the Developer in connection with
this work. The developer acknowledges that such payment, made pursuant to this
agreement, constitutes the full City obligation in connection with the demolition and
removal work and no further payments shall be made by the City or requested by the
Developer.
6. The improvement plans for the Project shall be revised prior to commencement of he
work described in Section 1 above. The bridge structure demolition, removal and
associated work shall be incorporated into the work covered by the subdivision
improvement agreement for the Project, which agreement is hereby incorporated into this
agreement by reference.
7. All guard rail or other materials which the City finds suitable for salvage shall be
removed and transported to a location as directed by the City Engineer.
8. This agreement constitutes the entire agreement of the parties with respect to the
subject matter. No verbal agreement or conversation with any officer, agent, or employee
of the City either before, during or after the execution of this agreement, shall affect of
modify the terms or obligations herein contained nor entitle the Developer to any
additional payment whatsoever under the terms of this agreement.
Executed this &day of
DEVELOPER: CITY OF CARLSBAD, a municipal
corporation of the State of California CONTINENTAL ORPORATION,
a California corporation
By:
Community development Director ..
6 I\M&V 5- 1 '&
(print name here) I
(title of signatory)
By: Mrsz,
(sign here)
- Q '5, deJ4-f - (title of signatory)
AlTEST:
ALETHA 1. RADTENKRANZ I
City Clerk
APPROVED AS TO FORM
RONALD R. BALL
City Attorney
State of California
County of San Dieeo ] ss.
On & /6 , / 9 9-5- , before me, Cvnthia A. Jacaues. Notarv Public
persodhly appeared Timothv J. Striue , personally known to me (or proved to
me on the basis of satisfactov evidence) to be the person whose name is subscribed to the within
instrument and acknowledged to me that he/she executed the same in hidher authorized capacity,
and that by hislher signature on the instrument the person, or the entity upon behalf of which
the person acted, executed the instrument.
WITNESS my hand and official seal.
Signature (Seal)
CVMHlA A, JACQUES t COMM. X 9773c6 z Noton, Public - Californio f F z i Comm. Ex~tes NOV 8. 1996
SAN DIEGOCOUNTY
State of California
County of San Diego ] ss.
On 0~~- l6 ~ /9 9s , before me, Cvnthia A. Jacoues. Notarv Public
persdally appeared David S. Brown , personally known to me (or proved to
me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within
instrument and acknowledged to me that helshe executed the same in hislher authorized capacity,
and that by hislher signature on the instrument the person, or the entity upon behalf of which
the person acted, executed the instrument.
WITNESS my hand and official seal.
Signature - (Seal)
I
I
June 2 1, 1995
TO ASSISTANT CITY CLERK
FROM: Management AnalysUEngineering
VIA: Senior Managment AnalysUEngineering
AGREEMENT FOR THE REIMBURSEMENT OF COST TO DEMOLISH €'ONTO
DRIVE BRIDGE OVER CARLSBAD BOULEVARD 0
Please process for signature the attached agreement for the reimbursement of cost to
demolish the Ponto Drive bridge over Carlsbad Boulevard and return the signed copy to me.
Thanks for your assistance.
!IJ'
MINDY JACOBS
Management Analyst
Attachment