HomeMy WebLinkAbout1974-08-06; City Council; 3149; Agreement with Sequoia Pacific for Subdivision Poinsettia Lane Improvements CT 71-02•?> HE CITY f**- OF CARLSBAD*"*' CALIFORNIA4
<y<rAgenda Bill No.' *?/f"7 Date: August 6. 1974 7
Referred To:
Subject: ~ Submitted By
Agreement with Sequoia Pacific Public Works
for Subdivision Improvements
at Poinsettia Lane (CT 71-2)
'Statement of the Matter
Prior to approval of the Sequoia Pacific portion of the Occidental
Master Plan area a deposit of $68,000 in cash was made by the de-
veloper in lieu of street improvements on Poinsettia Lane. The
deposit was made for a 10-year period in order to give the-City the
option of using the money to construct either standard street improve-
ments or to incorporate the improvements as part of the bridge
approaches if the bridge project is approved. The attached agreement
details the understanding in this regard between the City and Sequoia
Pacific and provides for the handling of the deposited funds.
Exhibit
Resolution No. ^tt- lit approving agreement for Sequoia Pacific subdivision
improvements.
Staff Recommendations to City Manager
If the Council approves the agreement as proposed, your action is to
adopt Resolution No. 3*/ 1L authorizing its execution.
AB No,Date: Anmisf fi. 1974
City Manager's Recommendation
Concur with staff.
Council Action
8-6-74 Resolution #3476 was adopted, approving the agreement between the
City and Sequoia Pacific and authorization for execution of the
same.
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RESOLUTION NO 3476
A RESOLUTION OF THE'CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA APPROVING AN
AGREEMENT BETWEEN THE CITY OF CARLSBAD
AND SEQUOIA PACIFIC REALCO FOR SUBDIVISION
IMPROVEMENTS AT POINSETTIA LANE (CT 71-2 )
AND AUTHORIZING 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 Sequoia Pacific Realco for subdivision improvements
at Poinsettia Lane (CT 71 -2 ), a copy of which is attached
hereto marked Exhibit A and incorporated herein by reference, 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
6th day of August , 1974, by the following vote, to wit:
AYES: Councilmen Frazee, Chase, McComas, Lewis and
Skotnicki.
NOES: None
ABSENT: None
/ ROBERT C. FRAZEE, Mayor
ATTEST :
MARGARET 'E--\ ADAMS k',e*ty Clerk
i~ \ •,' ' •
1 -. "? ••;''>*.
(SEAL)\ v »'';•''•/', > ' / -
/*"»»,
TRUST AGREEMENT
I. PARTIES
The parties to this Trust Agreement (hereinafter
called "Agreement") are the CITY OF CARLSBAD, a municipal
corporation organized under the laws of the State of Cali-
fornia (hereinafter called "City"), and SEQUOIA PACIFIC
REALCO, a California general partnership comprised of Golden
Empire Investment Corporation and Birren Corporation, both
California corporations (hereinafter called "SPR").
II. RECITALS
SPR owns certain real property (hereinafter called
"property"), described in Exhibit A attached hereto and incor-
porated herein by this reference. City has approved a final
subdivision map of the property, designated CT 71-2, Unit 1
(hereinafter called "map"), and required as a condition to
approval of the map that SPR deposit with City $68,000.00
(hereinafter called "funds") to be used for certain street
improvements adjacent to the property that City plans to
construct in the future (hereinafter called "improvements").
Standard subdivision practice in City would require that SPR
construct the normal subdivision street improvements prior
to final map approval or,in lieu thereof, execute a subdivi-
f
sion improvement agreement secured by a surety bond provid-
ing for their construction at some subsequent time. The
improvements in this case directly relate to a proposed
grade-separated bridge crossing over the A.T.& S.F. Railroad
right-of-way at Poinsettia Lane. Construction of said cross-
ing has been delayed and perhaps precluded by the action of
the San Diego Coast Regional Commission. If City is able to
accomplish the bridge construction, the improvements, in-
cluding streets and appurtenances, will become part of the
bridge approaches. If the bridge construction is not pos-
sible, the improvements will be a regular street and appur-
tenances to established City standards for subdivisions.
City anticipates resolving the matter, making a
final decision on which types of improvements are required
and accomplishing their construction within a ten-year
period. To accommodate this situation SPR agrees to deposit
cash in lieu of constructing the improvements to be used
together with the interest by the City to fund either the
standard street improvements or the street improvements cum
bridge approaches as City shall determine to be appropriate.
On or about May 17, 1974, SPR deposited the funds
with City. City and SPR intend that the funds shall be in
substitution for a certain bond from .the Insurance Company
of North America as surety dated April 22, 1974, as bond
number M86-88-26 in the amount of $75,000.00 (hereinafter
called "bond"), which SPR previously deposited with City, and
which should now be returned to SPR for cancellation.
III. USE OF FUNDS
City hereby acknowledges receipt of the funds from
SPR and agrees that the funds are and shall be held by it in
trust for the benefit of City and SPR for a period not to
exceed ten years commencing on May 17, 1974 and expiring on
May 16, 1984, subject to the following terms and conditions:
(a) City shall maintain the funds in an account
which shall be separate from all other funds and accounts
of or held by City, and which shall be deposited and invested
in accord with the laws governing the deposit and maintenance
of the funds of a municipal corporation;
(b) All interest on the funds shall be accumulated
during the term of the trust and deposited and invested in
like manner as the principal;
2.
(c) During the term of the trust, City is authorized
to withdraw from the funds and accumulated interest suffi-
cient money from time to time to pay the cost of the improve-
ments as set out in the recitals hereto according to estab-
lished procedures for construction of City projects as and
when those costs are incurred.
(d) Upon completion and final acceptance of the
improvements by City and upon the City Manager's determina-
tion as to the satisfaction of all outstanding obligations
therefor, that portion, if any, of the funds and accumulated
interest remaining in the trust shall be refunded by City
to SPR, and the trust shall then terminate. In the event the
improvements are not constructed prior to the expiration of
the trust on May 16, 1984, the funds and accumulated interest
shall be refunded by City to SPR.
IV. NO OTHER LIABILITY
SPR has no liability or duties with respect to the
improvements except as expressly provided in this Agreement.
V. ACCOUNTING
City agrees to deliver to SPR from time to time
accounting statements setting forth the interest accumulated
on the funds, the balance remaining in the trust account,
and the withdrawals by City from the trust account, and City
shall deliver to SPR copies of any and all statements rend-
ered by the bank in which the funds are deposited as received
by City. The accounting statements shall be delivered to
SPR no less frequently than every December 31 during the
term of the trust, and at such other times as City shall
determine to be reasonable and just to keep SPR informed of
the current status of the funds.
VI. BOND
City agrees to return the bond to SPR for cancella-
tion concurrently with the execution of this Agreement.
VII. MISCELLANEOUS PROVISIONS
A. Attorneys' Fees
3.
In the event legal action is commenced to enforce
or interpret any of the terms or conditions of this Agreement,
the prevailing party shall be entitled to recover from the
losing party reasonable attorneys' fees and costs incurred,
not limited to taxable costs, determined by the court or jury,
in addition to all other relief to which the prevailing party
may be entitled.
B. Successors
This Agreement shall be binding upon and inure to
the benefit of the respective successors and assigns of City
and SPR.
C. Governing Law
This Agreement shall be governed by the laws of the
State of California.
D. Notices
Any and all notices or other communications required
or desired to be given by one party to the other under this
Agreement shall be personally served or given by mailing the
notice or other communication in the United States mails,
postage prepaid, registered or certified to the address given
below or to such other address as a party may give the other
by written notice.
City of Carlsbad
1200 Elm Avenue
Carlsbad, California 92008
Attention: City Manager
Sequoia Pacific Realco
1000 South Grand Avenue
Santa Ana, California 92705
Attention: Arthur B. Birtcher
VIII. EXECUTION
This Agreement is executed this 7 day of
, 1974.
CITY OF CARLSBAD
Robert C. Frazee, Mayor
4.
c
ATTEST:
Ma E. Adams, (City Clerk
PPROVED AS/-TO FORM: ; 1
- ///x^?!^ v
Vihceht FT Biondo, "3r, /)/"
City Attorney (y Planning & Constilictloa
SEQUOIA PACIFIC REALCO, a
California general partnership
By: Birren Corporation, a
general
E. Birtcher
/ Chairman of the
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE
On _ / 1974, before me, the undersigned,
a Notary Public in and for said State, personally appeared
Ronald E. Birtcher _ , known to me to be the Chairman
of the Board of the corporation that executed the within
instrument, known to me to be the person 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
STATE OF CALIFORNIA
COUNTY OF Orange
On th.-.26th nf July ., i9li_, before m» the undersigned
Ronald E. Birtcher
a. _v
«i=•c Cc 3O -j;
a Notary Public in and for said Slate personally appeared
known fo me to be ths Chairman oUh.g,.Bg|ard
known to me fo be the , . , , _. L ^
the corporation that executed the within instrument and known to me to be the persons who executed the within
instrument on behalf of said corporation, said corporation being
known to me to be one of the partners of_
-Secretary of Birren Corporation
Sequoia Pacific Realco
I'the partnership that executed the within instrument, and acknowl-
edged to me that such corporation executed the
partner and that such parfner^iip executed the same
WITNESS my hand and
Signature
SHaron N. Ritchie
Name (Typed or Printed)
OFFICIAL SEAL
SHARON N. RiTCNiE
NOTARY f>U3L!C - CALIFORKttA
PRINCIPAL OFFJCE IN - '
ORAPJGE COUNTV
My Commfesion Expires Aa.;«st 17,-1975
(This area for official notarial seal)
TRUST AGREEMENT
Exhibit A
Name of Sub-Division:
CT71-2, Unit No. 1; recorded June 6, 1SJ4... •*»»•«.'" . •
Recorders Map No. 7954
Name of Sub-Divider:
Sequoia Pacific Realco, a partnership
Description of Street Improvements;
Construction of the south half of the street known as Poinsettia
Lane, commencing from the center line of Avenida Encinas at the
east and terminating at the easterly boundary line of the
Atchison, Topeka and Santa Fe Railroad right of way at the Xirest,
which is a part of the following described property:
. That portion of the Southx*est Quarter of Section 28, and portions of Lot
3 and 4, Section 29; Township 12 South, Range 4 West, 3an Bernardino
Meridian, in the.County of San Diego, State of California, described as
. "•'; •• ' follows: -.•''.-'-..-'• •' \ " . i '. • ' • . •.'.'•.. . ..'•... .
Cotnrner.cing at the Southwest corner of said Section-28; thence North 00°02'20"
West along the-West line of said Section 28, 681.85 feet to the Northwest
corner of~ the South Half of the South Half of the Southwest Quarter of said
Section 28; thence South 89°57'53n East, 185.03 feet (record - 185.21) feet
to -the Easterly line of the Atchison, Topeka and Santa Fe Railway Right-Of-Way _ -
200.00 feet wide, and the TRUE POIBT OF BEGI^'ISG; thence Morth '21*08'32lr West
along said Easterly line 1982.76 feet (record - 1982.66) feet to the center line
'• of Poinsettia Lane; thence North 76C16'30" East along said center line 710.09 feet
to a point that is.South 76°16'30" West, 246.00 feet frooi the Westerly Right-of-way
line of the San Diego Freeway; thence South 13"43'30" East 50.37 feet to a tangent
curve concave Easterly and having a radius of 600.00 feet; thence Southerly along
said tangent curve and arc distant of 302.48 feet through a central angle of
28°53'04" to a tangent curve concave Westerly and having a radius of 600.00 feet;
thence Southerlv along said-curve an arc distance of 238.34 feet through a central
angle of 22:45'34" to a tangent line; thence South 19''5Lf0011 IJast along said
tangent "line'355.00 feet to a tangent curve concave Northeasterly and having
a radius of 500.00 feet; thence Southerly and Easterly along said curve an
arc distant of 376.32 feet (record - 376.33) feet through a central angle of
43:07'25" (record 43'07'29I!%> to a radial line; thence South 27'01'31" v.'est along
the prolongation of said radial line 1002.67 fee: (record 1002.43 feet) to the
clortherlv line of the r>o-.;f.h Half of-the iouth Tail" of li>o iout.r.west. Quarter
•,..--,-. Of saicj section 2S; thence North 89 57' 53" 'l.'est alone; said Northerly line 153.82
.0- .;/,. foc: to the Easterl-, li::e of't!;e Atchison, lopeka arid Santa i-'e Railway Right -of-way
518593 and tti'e TRt..T. I;0:^.T .Or KXI'C.'IN'C