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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 f* 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 . -2- 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 •27 28 29 31 32 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: 6 s 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. 26 27 28 29 30 31 32 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 1 2 3 4 5 6 7 20 21 22 fcr 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 13 14 n MARGARET E. ADAMS, City Clerk 15 16 HARRY J. L. FRANK, JR. 1?" BERNARD CITRON 19 FAWCO, a co-partnership By:. Partner 23 OWNERS 24 25 26 •27 28 29 30 31 32 -3-