HomeMy WebLinkAbout1971-05-18; City Council; 150-3; Jefferson Street Interchange Fundingi,
THE CITY OF- CARLSBAD, C A L I. F' O R K X A
.Supplement No. 3 to *
Agenda Bill No. 150 • " Date;May 18, 1971
-Deferred To;
Subject; Submitted By;f\ . y
Jefferson Street Interchange Funding ' " City. Engineer
(Buena Vista" Creek Bridge)
Statement of the Matter
(see Attached sheet)
Exhibit
Exhibit 8 '- Agreement with Bernard Citron, et al
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Staff Recommendations '
If the Council desires to proceed with construction of the Buena
Vista Creek Bridge at this time:
Adopt Resolution No. 1834, authorizing and directing the Mayor to
execute:
a) Cooperative agreement with Bernard Citron, et al, for cost
sharing in connection with the relocation of Jefferson
Street at Highway 78.
b) Agreement No. 11-0025 with the Division of Highways, for
the construction of an interchange on Highway 78 at Jefferson
Street.
c) Utilities Agreement No. 18099 with the Division of Highways
and Vista Sanitation District, for relocation and con-
struction of utilities in connection with said interchange.
d) Right of Way Contract No. 19600, with the Division of
Highways.
AB NO.Date: May 18, 1971
City Manager's Recommendation
Concur with staff recommendations
Council Action
5-18-71 Resolution No. 1834 was adopted by title only and further
reading waived, subject to an agreement being, reached by
the staff and the owners, to be included in sub-paragraph
,"A" of Paragraph #1 .
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Statement of the Matter
The Council Committee formed to study the funding of the proposed
interchange has further investigated the funding plan outlined in
Supplement No. 2, dated April 6, 1971. The Committee recommends
that agreements for construction of the interchange be executed
with the Division of Highways, Vista Sanitation District, and
Bernard Citron, et al, based on the following cost split:
1. Bridge & Channel
(State Estimate) $212,000 $ - $ - $170,000 $42,000
2. Sewer Relocation
(County Estimate) 68,000 34,350 24,552 2,198 6,900
Total $280,000 $34,350 $24,552 $172,198 $48,900
This modifies the cost split submitted in Supplement No. 2 by trans-
ferring approximately $7,000 of cost for sewer relocation from Citron
et al to Vista Sanitation District and the City on a 93:7 ratio.
Exhibits (3) and (5) to Supplement No. l[ agreements with Citron and
the Vista Sanitation Distric
Committee's recommendations.
the Vista Sanitation Districtl have been revised to reflect the
The Citron agreement has been modified to permit the developer to
pay his portion of the cost sharing after the City pays its share
and to require the City to assume the major share of any cancellation
costs, should the bids be excessiyely high. The modified agreement
is attached as Exhibit 8.
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AGREEMENT
THIS AGREEMENT is made and entered into this
day of _ , 1971, by and between THE CITY OF
CARLSBAD, a municipal corporation of the State of California,
hereinafter referred to as CITY, and HARRY J. L. FRANK, JR.,
BERNARD CITRON and FAWCO, a co-partnership, hereinafter referred
to as OWNERS
WITNESSETH
WHEREAS, the State of California plans to build a grade
separated interchange at the intersection of State Highway 78 and
Jefferson Street; and
WHEREAS, the State is willing to include with this proposed
interchange, (a) a bridge which crosses over Buena Vista Creek and
makes a realigned connection with Jefferson Street in the City of
Carslbad, and (b) the relocation and improvement of existing sewer
facilities, so long as the costs of said bridge and improvements
are borne by persons other than the State. Said bridge and re-
alignment and relocation (specifically excluding the improvement
of the existing sewer system) are hereinafter referred to as
PROJECT. The planned facilities for said PROJECT are shown
schematically on Exhibit A, attached hereto.
WHEREAS, the present estimate of the cost of PROJECT is ap-
proximately $218,900.00; and
WHEREAS, CITY has available for commitment to PROJECT the
sum of $170,000.00; and
WHEREAS, OWNERS are willing to commit to PROJECT the sum of
up to $48,900.00, in order to accomplish a more orderly utilization
of their surrounding property.
NOW, THEREPORE, in consideration of the mutual covenants and
agreements hereinafter contained, the parties hereto hereby agree
as follows:
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1. CITY shall request State to call for bids on State Inter-
change, which said bids also include the construction of PROJECT.
2. If the lowest acceptable bid for PROJECT comes in at
$218,900.00, or less, CITY shall pay the first $170,000.00 thereof
and OWNERS thereafter shall pay the balance, if any, thereof at
the time and to the extent such balance is due and payable under
the contract between the CITY and State regarding the PROJECT, a
copy of which is attached hereto as Exhibit B.
3. If the lowest acceptable bid for construction of PROJECT
comes in at over $218,900.00, CITY shall then cancel the building
of PROJECT, unless (a) either party agrees to pay the entire amount
in excess of $218,900.00, or (b) the parties hereto can then agree
on a means of sharing the excess cost.
a) Upon cancellation hereunder, CITY and OWNER shall share
cancellation costs in proportion to their respective obligations
to pay for PROJECT.
4. OWNERS shall furnish to CITY a letter of credit in form
acceptable to CITY, which shall provide for payment by OWNERS
of all sums payable by OWNERS hereunder at the time specified above
for payment.
5. OWNERS shall convey to CITY,
a) An easement for a public right of way as per Exhibit C
attached hereto.
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c) An easement for a sewer main right of way per Exhibit E
attached hereto. It is understood that OWNERS may relocate said
sewer main at their expense through Marron Road and Jefferson
Street, subject to reasonable plans and specifications, schedules
and methods approved by the CITY, and that upon said relocation
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the easement herein granted shall revert to OWNERS.
6. CITY shall vacate that portion of Jefferson Street de-
lineated as "future vacation" on Exhibit A attached hereto at any
time that such portion shall become unnecessary because of OWNERS'
conveyance of the easements described in the preceding subpara-
graphs (a) and (b) of the preceding Paragraph 5 and by relocation
of Jefferson Street.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement the day and year first above written.
CITY OF CARLSBAD
By:
ATTEST:
12 DAVID M. DUNNE, Mayor
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MARGARET E. ADAMS, City Clerk
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16 HARRY J. L. FRANK, JR.
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BERNARD CITRON
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FAWCO, a co-partnership
By:.
Partner
23 OWNERS
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