HomeMy WebLinkAboutFieldstone/La Costa Associates; 1990-04-06;April 9, 1990
Fieldstone/La Costa Associates
P.O. Box 9000-266
Carlsbad, CA 92009
Attn: Ruth Besecker
Re: Project Management and Assessment District Reimbursement Agreement
The Carlsbad City Council, at its meeting of April 3, 1990, adopted Resolution No. 90-88, approving a project management and assessment district reimbursement agreement between the City of Carlsbad and Fieldstone/La Costa Associates.
Enclosed for your records is a copy of the fully executed agreement as well as a copy of Resolution No. 90-88.
Jiiii&Ix* Assistant City Clerk
Encs.
1200 Carlsbad Village Drive l Carlsbad, California 92008 l (619) 434-2808
CONSDLTANTPROJECTMANAGIMENTAND ASSESS- DISTRICT REIHEWRSEMENT AGREEMEWT
This AGREEMENT is made and entered into this La day of
/ , 1990, by and between the CITY OF CARLSBAD, a
Public Agency of the State of California (hereinafter referred to
as "City'), and the FIELDSTONE/LA COSTA ASSOCIATES, a Limited
Partnership (hereinafter referred to as 1VFieldstone18).
A. Fieldstone is the owner of certain unimproved real
property located within Local Facilities Management Zones 11 and
12 of the City of Carlsbad ("PropertyW). Fieldstone is in the
process of procuring certain discretionary approvals for the
subdivision and development of the Zone 12 property and will
thereafter initiate a similar process for the Zone 11 property.
B. The Property is currently proposed to be included within
the boundaries of special Assessment and Financing Districts for
the construction of certain public facilities including but not
specifically limited to Ranch0 Santa Fe Road and Olivenhain Road.
The subdivision process described in paragraph A and the
public facilities contemplated in this paragraph B shall be
collectively referred to as the 11Projects.11
C. City and Fieldstone deem it in their mutual best
interests to coordinate environmental study, engineering, surveying
and related services for the Projects due to their scope and the
length of time contemplated to complete them. In addition,
Fieldstone agrees to advance funds for said services subject to
reimbursement of a portion as herein agreed upon a successful
confirmation of taxes or assessments and sale of bonds.
In consideration of the foregoing, City and Fieldstone agree
as follows:
1. Consultant Proiect Management and Coordination Services
City has entered into an agreement with Helming Engineering
and Douglas L. Helming for the consulting services of Helming.
Consistent with the intent of the Agreement, City agrees to define
the scope of work under the Helming Agreement as follows:
Project management and coordination services will be provided
by Douglas L. Helming Engineering, and shall include but not be
limited to the following:
a. GENERAL RESPONSIBILITIES
(1) Liaison between City staff, consultants, property
owners, and other governmental agencies.
(2) Maintenance and monitoring of project schedules.
(3) Coordination of consultant activities and scope of
services on all aspects of the project.
(4) Coordination of plan check activities.
(5) Actively pursuing projects to completion.
(6) Regularly reporting progress to City Engineer.
b. ZONE 11 AND ZONE 12 PUBLIC IMPROVEMENT PROJECTS
(1) Olivenhain Road
(a) Interim B-lane Facility
1) Coordinate and pursue feasibility report
process.
2) Coordinate final engineering design
document process.
(b) Ultimate Facility
1) Coordinate and pursue route adoption
report process.
2) Coordinate final engineering design
document process.
(2)
(3)
(4)
Ranch0 Santa Fe Road
(a) Coordinate and pursue route adoption report
process.
(b) Coordinateengineeringdesigndocumentprocess.
Calle Barcelona
(a) Coordinate final engineering design document
process if the facility is included within an
assessment district.
Assessment District formation coordination or other
public financing program coordination for all or any
of the project listed above.
C. PRIVATE DEVELOPMENT PROJECTS
(1) Arroyo La Costa (Zone 12)
(a) Coordinate final engineering design document
process including design of Calle Barcelona if
not included within an assessment district.
(2) La Costa Southeast II and III
(a) Coordinate tentative map process in the
Engineering Department.
(b) Coordination with Planning Department
processing of Specific Plans, Master Plans,
Zone Plan Amendments, etc.
(c) Coordinate final engineering design document
process.
Helming shall be paid on a hourly basis in conformance with
the most current billing schedule, however, Fieldstone shall be
provided thirty (30) days notice of any change in project
management.
2. Additional Services Subiect of this Aareement
So long as Fieldstone continues to advance costs as provided
in this Agreement, City shall retain such professional services as
are necessary to accomplish right of way appraisals and
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acquisitions, related legal services, including bond counsel, in
connection with any assessment or bond financing of public
facilities on the Property, assessment engineering, and
environmental studies. Fieldstone shall also advance funds to
cover the costs of City administrative time.
Detail of scope of work and terms and conditions of the
contracts for the above services shall be as defined in separate
agreements for consultant services between the City and various
consultants.
3. Obliaations of Fieldstone
a. Fieldstone agrees to advance all funds necessary for City
to pay for the services defined in paragraphs 1 and 2. This
Agreement contemplates estimated lump sum payments being made by
Fieldstone semi-annually upon City's written request in
anticipation of regular monthly statements being received by City
from its consultants. All funds paid by Fieldstone shall be
deposited to an interest-bearing account and interest earned shall
be credited to Fieldstone pursuant to a letter agreement between
City and Fieldstone dated November 6, 1989, a copy of which is
attached hereto and incorporated herein by reference.
b. Fieldstone shall timely and adequately respond to City's
requests for information and material necessary to process the
Projects subject of this Agreement in order to assist City in the
expeditious processing of these Projects.
4. Reimbursement and Seareaation of Accounts for Future
Reimbursement.
City and Fieldstone intend and agree that a portion of the
money paid by Fieldstone under this Agreement is subject to
reimbursement or credit upon the sale of bonds under future
assessment districts. City accordingly agrees to keep records
which itemize the expenditures so that items subject to
reimbursement will be clearly identified. Fieldstone also agrees
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to itemize its separate expenses for the same purpose. It is
understood and agreed that all costs eligible for reimbursement
shall be approved by the City Engineer.
Upon completion of the proceedings and a successful sale of
bonds, Fieldstone shall have the option of having the approved
reimbursement items refunded in cash or be applied as a credit to
assessments or a combination of both.
If proceedings to establish special assessment districts are
abandoned and no bonds are sold, then no reimbursements or credits
shall be due Fieldstone, excepting only any funds then held by the
City in excess of those needed for final payment of consulting
services and/or administrative time. Notwithstanding the
foregoing, if abandoned assessment district proceedings are re-
established, bonds are sold, and work to establish the district is
utilized which was paid under this Agreement, then the
reimbursement provisions of this Agreement shall apply.
5. Ownership of Plans
All plans, specifications and other preliminary documentation
as prepared for public facilities construction shall become the
property of the City, regardless as to whether any assessment
districts are actually formed or confirmed.
6. Termination of Aareement
This Agreement may be terminated by either party upon thirty
(30) days written notice, or in the event Fieldstone fails to
deposit requested funds within thirty (30) days of demand.
7. Citv's
This Agreement does not in any way create an obligation or
vesting that the City will decide to proceed with a special
Assessment District, and the City expressly reserves the right to
abandon the proceedings at any time prior to the conclusion of the
public hearing.
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IN WITNESS WHEREOF, the parties have executed this Agreement
on the day and year first above written.
FIELDSTONE/LA COSTA ASSOCIATES LIMITED PARTNERSHIP, a California Limited Partnership
BY: THE FIELDSTONE COMPANY, a California Corporation,
BY
ATTEST:
ALETHA L. GUJTENKRANZ, City Clerk
City Attorney I/
November 6, 1989
Fieldstone/ La Costa Associates
P.O. Box 9000-266
Carlsbad, CA 92009
Attn: Ruth Besecker
RE: TRUST FUND ACCOUNT FOR CONSULTANT SERVICES
Dear Ruth:
A trust fund account has been established by the City’s Finance Department
which will be used to deposit and make payments from funds received from
Fieldstone/La Costa Associates for engineering services related to Fieldstone/
La Costa Associate development plans. Funds in the account will earn interest
at a rate equal to the average rate of interest earned by the City of Carlsbad
investment portfolio.
The City will retain one percent interest on funds in the account to help cover
administrative costs related to the trust fund account. The remaining interest
will be kept in the account. Once the City Engineer and Fieldstone/La Costa
Associates agree that services are no longer needed on the project, funds
remaining in the account will be available for refund through the City’s request
for refund procedure.
Please sign below if the above arrangement is acceptable to your firm and
return this letter to my attention at your earliest convenience.
Sincerely,
FRANK BOENSCH
Sr. Management Analyst
FB:plg
2075 Las Palmas Drive - Carlsbad, California 92009-4859 l (619) 438-l 161