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HomeMy WebLinkAbout1974-07-02; City Council; 2027-3; First Supplement to Agreement For AT & SF Railroad Overcrossing at Poinsettia Lane Occidental Land Inc•P H E CITY ~ ^ O F CARLSBAD, CALIFORNIA" Agenda Bill No. 2Q.27 - Supplement No. £ Date: July 2, 1974 Referred To: Subject: ' Submitted By :• First Supplement to Agreement for A.T.& S.F. Citv Attornev Railroad Overcrossing at Poinsettia Lane y •"v? 'Statement of the Matter The City Council at your June 18 meeting granted an extension of time for CT 71-2 until May 13, 1975 An additional condition in regard to traffic signals was added to the map and the extension was granted subject to a condition subsequent that a satisfactory agreement for the Poinsettia Lane Overcrossing be executed within thirty days. The City Manager and Occidental Land, Inc. have reached an understanding regard- ing certain modifications to Occidental's obligations in regard to the Poinsettia Lane Overcrossing. That understanding has been incorporated in the attached agreement. Exhibit 1. First Supplement to Agreement for A.T.& S.F. Railroad Overcrossing at Poinsettia Lane. 2. Resolution No.X^V>5"'/__ approving agreement, authorizing Mayor to execute, Staff Recommendations to City Manager If the Council approves the attached agreement, your action is to adopt Resolution No. 3*-& authorizing its execution. I',*, f ,,-*n AB No.2027 - Supplement No. 2 Date: Jnly 2f 1974 City Manager's Recommendation Concur with staff recommendation. Council Action 7-2-74 Resolution #3451 was adopted, approving, agreement and authorizing Mayor to execute same. — 2 — 6W FIRST SUPPLEMENT TO AGREEMENT FOR A.T.& S.F.: RAILROAD OVERCROSSING AT POINSSTTIA LANE THIS .AGREEMENT is made and entered into this > <^^f day of July, 1974, by and between OCCIDENTAL LAND, INC. a California corporation, hereinafter referred to as "Occidental", and CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City"; WITNESSETH: WHEREAS, City and Occidental entered into that cer- tain Agreement dated August 14, 1973, and entitled "Agree- ment for A.T.& S.F. Railroad Overcrossing at Poinsettia Lane", on file in the office of the City Clerk, incorporated by reference herein and hereinafter referred to as the "August Agreement". Said August Agreement provided for the construction of a four-lane grade - separated overcrossing for Poinsettia Lane at the A.T.& S.F. Railroad line in the City of Carlsbad, hereinafter referred to as the "Project", and obligated Occidental to contribute to the cost of the Project or, in any event, to construct a two-lane overcrossing and approaches thereto at Occidental's expense; and WHEREAS, City did, pursuant to paragraph 5 of said August Agreement, make application for Sta^te of California Grade Separation Funds, and said funds are available to City until on or about November 26, 1974; and WHEREAS, pursuant to paragraph 4 of the August Agreement, City made application, pursuant to the California Coastal Zone Conservation'Act of 1972, to the San Diego Coast Regional Commission for a permit to construct the Project; however, said application was denied; and WHEREAS, at the time the parties hereto entered into said August Agreement, the parties did not contemplate disapproval of the Project by said'Commission and did. not provide for that eventuality; and WHEREAS, neither City nor Occidental can predict * whether approval can be obtained for said Project from said Commission at some time in the future or whether an exemp- tion can be obtained, or whether the California Coastal Zone Conservation Act of 1972 will be superseded upon its expira- tion with another coastal conservation act which would allow the Project,or whether some other way to proceed can be found; and . WHEREAS, Occidental had secured tentative map approv- al for CT 71-2 covering a portion of the property subject to the August Agreement, and said approval was conditioned upon the execution of a secured agreement for participation by the developer of CT 71-2 in the construction of the Project; and WHEREAS, Occidental and Sequoia Pacific Realco re- quested final tract map approval on a portion of Map 71-2, more particularly described as Lots 5 and 6 of Tentative Tract 71-2, also known as CT 71-2, Units Nos. 1 and 2; and WHEREAS, in order to satisfy the conditions appli- cable to CT 71-2 and thereby secure said map approval, it was necessary to provide, through bonding and cash deposits, for Occidental's participation in the Project; and WHEREAS, because of the problem with the San Diego Coast Regional Commission, the August Agreement was not considered a suitable vehicle to satisfy said conditions; and .WHEREAS, City and Occidental desired to modify the August Agreement to preserve the opportunity to construct the Project as contemplated in said Agreement, taking the extant circumstances into account, while insuring the ulti- mate construction of the two-lane overcrossing at Occidental's 2. c expense, and at the same time to provide a means to accom- modate final map approval of Lots 5 and 6 of CT 71-2; and WHEREAS, time constraints necessitated an interim* - agreement to accommodate said map pending finalization of a comprehensive amendment to the August Agreement; and WHEREAS, City and Occidental modified the August Agreement by entering into that certain Agreement dated May 21, 1974 and entitled "City of Carlsbad Subdivision Improvement Agreement (A.T.& S.F. Railroad Overcrossing at Poinsettia Lane) on file in the office of the City Clerk, incorporated by reference herein and hereinafter referred to as "Modified Agreement". Said Modified Agreement changed some of Occidental's obligations in regard to the Project on interim basis; and WHEREAS, the Modified Agreement provided that Occidental and City would enter into negotiations in order to reach accord on an amendment to the August Agreement which would provide for construction by Occidental of the Project, or some other overcrossing at the site, and would take all current developments into account; and WHEREAS, City and Occidental have completed said negotiations and desire to memorialize their understandings in the terms of this First Supplement to the August Agree- ment; and / WHEREAS, this contract will supersede the Modified Agreement and will, taken together with the August Agree- ment, memorialize the agreement between City and Occidental in regard to the Poinsettia Lane-A.T.& S.F. Overcrossing; NOW, THEREFORE, the parties hereto agree as follows: 1. Occidental's obligation to deposit funds for the Project, pursuant to paragraph 6 of the August Agreement, is delayed pending receipt of Coast Regional Commission approval 3. of the Project. If such approval is received prior to March 30, 1975, upon receipt of notice thereof Occidental shall make the deposit and the parties shall proceed in * accord xvith the balance of said Agreement. 2. Occidental shall use its best efforts to secure Coast Regional Commission approval of the Project through a permit or claim of exemption. 3. Occidental's obligation to pay a portion of the total cost of the Project is estimated to be $259,000. 4. The Modified Agreement be and is hereby rescinded. 5. Within sixty days of the date the final map for Lots 5 and 6 of CT 71-2 was recorded Occidental shall deposit with City a cash deposit in an amount computed by multiplying $259,000 by the total acreage included within the said final tract map, and by dividing the resulting multiplicand by 349, the total number of acres within Occidental's master plan area as shown on the map marked Exhibit A attached hereto and incorporated by reference herein. 6. At such time that a final tract map or maps are presented for approval for the balance of the acreage within CT.71-2 or for any part of such acreage or for CT 73-24 of for any part of the acreage within the boundaries of CT 73-24, Occidental hereby agrees to deposit with City a cash deposit in an amount computed according to the formula set out in paragraph 5 hereof. Said deposit shall be made prior to action by City on the requested final map approval. 7. Occidental agrees to make deposits in accord with the paragraph 5 formula in connection with the subdi- vision of the remaining master plan property shown on Exhibit A and not within. CT 71-2 or CT 73-24. Occidental consents to such condition being imposed on said property 4. which will run with the land and also be an obligation of Occidental's successors in interest, if any, or in the alter- native, consents to the formation of a bridge benefit area % to accomplish the construction of the Project. Said deposits shall be made prior to approval of the final map. If any portion of the master plan acreage is not subdivided but is otherwise developed, Occidental shall make the deposit for such acreage prior to the issuance of building permits. 8. City shall hold any funds deposited pursuant to this Agreement in trust to be used for construction of the Project or the two-lane overcrossing or some reasonably similar construction to the same purpose at the Project location. City shall deposit or invest said cash funds in interest-bearing obligations or interest-bearing accounts in an effort to maximize the yield thereon in institutions regularly utilized for investment of City funds. 9. In the event City is unable to obtain within ten years from the date hereof the necessary approvals to con- struct an overcrossing, then said cash deposits, together with interest actually earned thereon, shall be refunded to Occidental. ~ 10. Should City obtain the necessary approvals to construct an overcrossing, said funds, including any inter— T est actually earned thereon, shall be utilized by City to pay the costs thereof. 11. Occidental will secure performance of the August Agreement and this First Supplement thereto by furnishing a surety bond in the amount of $259,000 to City. Said bond shall run for a period of one year commencing May 21, 1974. Occidental has heretofore furnished City with a $40,000 faithful performance bond in connection with the August Agreement. Upon the receipt and acceptance by City of said 5. $259,000 bond/ City shall release and fully exonerate the $40,000 bond previously filed with City. Upon the expira- tion of the $25^9,000 bond and prior to its exoneration by City. Occidental shall furnish City with a surety bond securing Occidental's performance hereof in an amount com- puted by deducting the acreage for which deposits have been made from the total master plan acreage and applying the paragraph 5 formula to the balance. Said bond shall be renewed from time to time as necessary until all deposits are made and Occidental's obligation under this Agreement are fully satisfied. .As deposits are made, City shall re- lease and exonerate the portion of the bond which corre- sponds thereto. IN WITNESS WHEREOF, the parties hereto have caused this First Supplement to Agreement to be executed the day and year first hereinabove mentioned. OCCIDENTAL LAND, INC. By By CITY OF CARLSBAD BY. Robert C. Frazee, Mayor ATTEST: Margaret E. Adams, City Clerk APPROVED AS TO FORM: Vincent F. Biondo, Jr. City Attorney 6. STATE OF CALIFORNIA ) ) S3, COUNTY OF ORANGE ) On ' ' ' * : : : , 1974, before me, the undersigned, a Notary Public in and for said State, personally appeared ••:::•••••• t known to me to be the President, and ' ' , known to me to be ' ' ' Secretary of the corporation that executed the within instrument, known to me to be the persons who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its bylaws or a resolution of its board of directors. WITNESS my hand and official seal. Notary Public 7. .-., **~**- £.V~**"*"'"Ha'^53*fc-' ^*^ tSTY INTERSECTION OF SAM M6D FWY CAL. mm IRIWiE CfiiT KR Mfc<r 420! BIRCH 5T. .• JJFWPJfcT BEACH . 12 CO _ OT g s=5 s ^ W rf u; • 3 <x_ UJ <J feujSdUl Z <N ^| o:< 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 19 20 21 22 23 24 25 26 27, ,28 ;29 •30 31 32 RESOLUTION NO. 3451 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND OCCIDENTAL LAND, INC. FOR CONSTRUCTION OF A.T.& S.F. RAILROAD OVERCROSSING AT POINSETTIA LANE AND ATHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. The City Council of the City of Carlsbad, California, does hereby resolve as follows: 1. That that certain agreement between the City of Carlsbad and Occidental Land, Inc. for construction of A.T.& S.F. Railroad overcrossing at Poinsettia Lane, a copy of which is attached hereto marked Exhibit A and incorporated herein by refer- ence, is hereby approved. 2. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute said agreement for and on behalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on the 2nd day of July , 1974, by the following vote, to wit: AYES: Councilmen Frazee, Chase, McComas and Lewis NOES: None ABSENT: None ROBERT C. FRAZEE ,May or ATTEST : ity Clerk (SEAL)