HomeMy WebLinkAboutHieatt, James L & Mildred E; 2000-08-07;m/07/00 14:52 LFWP 002
AGREEMENT FOR REIMBURQEMENT OF
COSTS FOR ROAD CCNST&lCTlON
This agreem,ent is made and entered into a$ of the 7*~ day of
bf- 2000, by and between the City of Carlsbad, a municipal corpor&ion, acting as the Carlsbad Public Financing Authority, a municipal joint
powers authority, (hereafter referred to as the “Authority’) and James L. Hieatt
and Mildred E. Hieatt, each as Trustees of the Hteatt Family Living Trust dated
April 18, 1990, the owners of certain undevel,opsd real property
identified as APN 212-120-33 located in the City of Cartsbad, if
enerally
alifornia,
(hereafter referred to as the “Property Owner”).
The parties to this agreement do hereby agree as follows:
1. Authority shall provide, at no cost to the Property Owner, the Authority
owned real property t-@zessary to construct a publicly dedicated access street
easement (hereafter referred to as “Street A”) to mutually agreed upon, but not
exceed, city design standards from College Boulevard to the parcel owned by
the Property Owner within the alignment approved by the Carlsbad Planning
Commission on June 7, 2000. For the purposes of this agreement, said
alignment is generally depicted In attached Exhibit “A” incorporated by reference
and made a part of this agreement,
2. Said real property to be provided by the Authority shall include an easterly
transition to the Property Qwner’s parcel to j accommodate environmental
restrictions on said parcel. Property Owner shall submit an application for an
administrative variance to implement the aforementioned alignment and
connection to College Boulevard. Based upon its review of the Street A
alignment approved by the Carlsbad Planning Commission on June 7, 2000, said
application shall be reviewed and recommended for approval by the City of
Carlsbad within the schedule for discretionary review and action on the
development application of Property Owner’s parcel.
3, In no event shall Authority construct Street A. However, Authority shall
rough grade Street A in conjunction with the development of Its adjacent City Golf
Course Project. In the event Authority does not; proceed with Its Golf Course
Project development prior to the time Property Owner proceeds with the
development of Its parcel, Property Owner shali rough grade Street A and shall
include associated costs in the reimbursement formula discussed below.
4. After completion and acceptance of construction and wlthln 30 days of
being presented with invoices for construction items for Street A by Property
Owner, Authorlty shall reimburse Property Owner for those invoices up to the
value of one-half of the costs of full-width construction of Street A the length of
the frontage of the Authority’s proposed industrlal parcel adjacent this street.
08/O-7/00 14: 53 LFQBP 003
Costs subject to Authority reimbursement shall be limited to actual construction
costs of rough and / or final grading, base material(s) paving, striping, curb,
gutter, sidewalk, streetlight(s), fife hydrant(s), an&drainage structures. One-half
reimbursement of costs for utility instailation, including but not limited to sewer,
water, electricity, cable television, telephone, fibe;f optic lines, reclaimed water,
and similar utility installations, shall be included. j
The Authority shall also reimburse Property Owner for one-half of the reasonable
and customary costs to survey, inspect, construction manage, and perform
necessary testing of soils, compaction, concrete,, and other construc$ion items
customarily included In this type of work in the manner described herein.
5. This agreement is a final and complete settlement of appellant’s appeal
and he shall withdraw his appeal of the Conditional Use Permit approved by the
Carlsbad Planning Commission on June 7, 2000 once the Authority has
approved this settlement proposal as mutually agreeable to it and the Property
Owner. Appellanl further agrees not to oppose or to solicit others to oppose any
future actions related to the approval and entitlement phase of the City Golf
Course Project.
6. This agreement is conditioned upon the ultimate approval of both the City
of Carlsbad’s Habitat Management Plan and the Authority’s City Golf Course
ProJect. The reason for this condition is that if either or both of the these
initiatives are not approved, the Authority contends it would realize no benefit
from the construction of Street A justifying its financial participation.
If this settlement agreement is not Implemented, Property Owner shall
retain any fights and arguments he has regarding construction of Street A or
another road access alternative, as well as his contention to a refund of
assessments relating to College Boulevard.
7. Authority and Property Owner shall reasonably cooperate and coordinate
in the construction of Street A, including Property Owner’s access to the Street A
right-of-way to implement construction,
a. This agreement shall be recorded by the Authority with the Office of the
San Diwgo County Recorder. Property Owner agrees to recordation of this
agreement into the title of Property Owner’s parcel as described above which
shall run with the land and shall bind all subsequent ownef’s of said parcel. If
this settlement agreement is not implemented, the: parties agree to withdraw any
recorded agreement or to record addltlonal documentation providing notice that
this agreement has no force and effect.
9. Thls paragraph is intended to apply salely tc the Authority. By executing this agreement as the Carlsbad Public Financing Authority, the Carlsbad City
08./07/00 14: 54 LFWP 004
Council does hereby adopt 8 modification to Con&ton 24 of Carlsbad Planning
Commission Resolution No. 4773 to be read as follows:
“Prior to the issuance of a grading permit, the developer shalt file and receive
approval of a parcel map application to remove land adjust lot lines to correspond
with the approved project site plan. This parcel map shall include a dedlcatlon of
a mutually agreed upon public street eccess easement to the undeveloped parcel
(APN 212-120-33) which currently has planned access to Swift Place, herein
referred to BS the “Hieatt Parcel.” The : developer shalt enter into a reimbursement agreement with the owner of the Hieatt Parcel for one-half the
cost of improvetnents, specified in said agreement, for the uftlmate construction
of said public street access easement from college Boulevard to the Watt
Parcel.”
This agreement is mutually agreed to
Property Owner this 7 HL day of
PROPERTY OWNER: CARL G AUTHORITY;
J Qrt4eJ L t/lo,tf 7vWid(C
James L. Hieatt, Trustee ”
&& ATTEST :
n
s -. & #/k&j7 T
Mildred E. t-tie&t, Trustee 7 7xwyz!$
(Proper notarial acknowledgment of execution by Property Owners must be attached.)
APPROVED AS TO FORM:
RONALD R. BALL
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CALIFORNIA
ALL-PURPOSE
ACKNOWLEDGEMENT
STATE OF CALIFORNIA
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COUNTY OF as /ucz&~; )
- -
QJST $+h) CJ before me,
DATE
mkl; ow=‘T‘~ d
’ , “JANE DOE, NOTARY PUBLIC”
personally appeared, i3zkws II. fj /‘Ei477-m
personally known to me @ proved to me on the basis of satisfactory evidenceJo be the person(s)
whose name(s) is@subscribed to the within instrument and acknowledged to me that he/she/
mexecuted the same in his/her&&authorized capacity(ies), and that by his/he@8 1
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.’
WITNESS my hand and official seal.
(SEAL)
ommission # 1154457 Notary Public - Califomk
OPTIONALINFORMATION
SIGNER(S) OTHER THAN NAMED ABOVE /w v /v L- -_