HomeMy WebLinkAbout1975-02-04; City Council; 3287; CT 71-02 Lakeshore Gardens Mobile Home Park Agreement with Sequoia Pacific to substitute a cash deposit in lieu of Avenue Encinas median landscapingJtHE CITY OF CARLSBAD, CALIFORNIA
Agenda Bill MO.Date February k, 1975
Referred To:
Subject: CT7|"-2 Lakeshore Gardens Mobile Home Park Submitted By:
Agreement with Sequoia Pacific to substitute
a cash deposit in lieu of Avenida Encinas City Engineer
median landscaping.
Statement of the Matter
Sequoia Pacific Realco, who is developing a mobile home park at
Poinsettia Lane between 1-5 and the ATS-SF railroad, has entered into
secured -agreement to improve, the westerly half of Avenida Encinas.
A raised, landscaped median is required. Sequoia Pacific has
completed the half-street public improvements except for the median
landscaping, wnich the Engineering Department agrees is impractical
until the easterly half of the median is constructed.
The proposed agreement to accept a cash deposit in lieu of ha 1 f -
median landscaping will allow the release of bonds while retaining
provisions to landscape the westerly half of the Avenida Encinas
median when the easterly half is constructed and landscaped.
Exhibit
A. Resolution
- B . Ag reernent/
Staff Recommendations to City Manager
Adopt Resolution No. ^^ ^^authorizing Mayor to execute
the subject agreement.
W
AB Wo.Date: February 4, 1975
City Manager's Recommendation
Concur with staff.
Council Action . •
2-4-75 At the request of the staff this matter was continued to
February T8, 1975. •
2-18-75 Resolution #3585 was adopte-d, authori zi hg Mayor .to execute
agreement with Sequoia Pacific to substitute cash deposit
•in lieu of Avenida Encinas median landscaping.
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RESOLUTION NO. 3585
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 ACCEPTANCE OF
CASH IN LIEU OF MEDIAN LANDSCAPING, 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 payment of cash in lieu
of median landscaping, 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
18th day of February / 1975, by the following vote, to wit:
AYES: Councilmen Frazee, Chase, Lewis, Skotnicki and
Councilwoman Casler
NOES: None
ABSENT: None
^. A
$r&/C .^ flROBERT C. FRAZEE, Mayor
ATTEST:
Q_ /j / ^ /^^7/ /£-£sfA-j£t3s c? . ///<f&f^<7i^£'s'
MARGARET E. ADAMS, tity Clerk
(SEAL)
AGREEMENT FOR ACCEPTANCE OF CASH
IN LIEU OF MEDIAN LANDSCAPING
THIS AGREEMENT is made and entered into this
day of February _ , 1975, by and between the CITY OF
CARLSBAD, a municipal corporation (hereinafter referred to
as "City") and SEQUOIA PACIFIC REALCO, a California general
partnership (hereinafter referred to as "developer") ;
RECITALS;
WHEREAS, the developer has entered into a secured
subdivision improvement agreement (CT 71-2) for the construc-
tion of the westerly half of Avenida Encinas along the
frontage of the developer's property; and
WHEREAS, the developer has caused the construction
of Avenida Encinas to be completed, excepting the land-
scaping of the westerly half of the median of such street
improvements; and
WHEREAS, the developer has requested that the City
accept the improvements, release the corresponding improve-
ment security, and accept a cash payment in lieu of said
landscaping; and
WHEREAS, the City agrees that such request provides
a more practical method to landscape the Avenida Encinas
median;
NOW, THEREFORE, the parties hereto agree as follows:
1. Developer will pay $14,000.130 to the City in
lieu of the landscaping of 16,872 square feet of the median
of Avenida Encinas along the frontage of subject subdivision.
Acceptance by City of said amount will fully satisfy devel-
oper's obligations in that regard. Upon acceptance of said
payment. City will release the faithful performance bond
and the labor and material bond being held to secure said
landscaping.
IN WITNESS WHEREOF, the parties hereto have caused
this agreement to be executed the day and year first herein-
above mentioned. ,
CITY OF CARLSBADI
VZ^. +By_
Rofbert C. Frazee, Mayor
'ATTEST:
.N^'v. '^.& ^
\ Marijaret E. Adams, 'City Clerk
«/
SEQUOIA PACIFIC REALCO
B
APPROVED AS TO FORM:
Vincent F. BionSb, Jr.^'^ ^
City Attorney
2.