HomeMy WebLinkAbout1975-07-01; City Council; 3406; Property Owner Improvement AgreementsCITY OF CARLSBAD
AGENDA BILL NO. *3ty-0 k> ' ' '
DATE: July 1, 1975.
DEPARTMENT: Public Works
Subject:
PROPERTY OWNER IMPROVEMENT AGREEMENTS
Statement of the Matter
It is proposed that the City establish, a record system which can be
easily updated and referred to for such purposes as establishing small'
projects for installation of improvements utilizing future agreements
and/or informal assessment district proceedings. Such a system could
also be easily referred to for determination of current status of
improvements and answering, questions as to where potential- informal
improvement districts exist.
Mr. Judson Naiman has submitted a proposal to perform the professional
services necessary to conduct a review of existing improvements, future
agreements and pending plans and establish a record system for an
• amount not to exceed $4000. Funds are available in the Engineering
Department professional-services'account (1-121-8.2).
Exhibits .
1. consultant's proposal letter
2. Resolution No. ^l&j?/ . •
3. proposed agreement
Recommendation •. •
That City Council approve Resolution No .jf^$j approving the proposed
agreement and authorizing the Mayor to sign on behalf of the City.
Council action
7-1-75 Resolution #3681 was adopted, approving the proposed agreement
and authorizing Mayor to execute the agreement..
2
r-
MUNICIPAL IMPROVEMENT DISTRICTS
Reports * Assessments e Bonds e Righf of Way
2173 TOKAION STREET, SAN DIEGO, CALIFORNIA 92110
276-2004
March 20,
Mr» Paul /?. JBuss&y
City Manager .
Citif o/ Carls&ad
J200 Elm Street
Carlsbad, California 92008
Re: Property Chungr Improvsment Agreements
Dear Mr. Bussey:
MAR 2 1.1975
CITY Of CARLSBAD
Engineering Department
Per our discussion and meetings with the Director of Public Works
and City Engineer, attached is a schedule of the work nec&ssary to
mah& a camprhensivs study of the abovs mentioned agreements.
It is my understanding thai this study is to be prepared in a /<<,-t
which will allow for updating as new agreements arc executed and
prior agreement conditions are completed.
The information compiled will gius the City an rfAt-£*-Glancen picture
of specific areas that require furthsr consideration of implementing
construction of certain improvements as established by nAgreemen*f::tf
and/or petitioned irnpraugments»
J am available at your convenience for further discussion of this
project* . . .. .• .,'•..- •!. . •'•..-•..'._. -
truly yours,
JTffsJn
cc: Ft, Becktaan
T» Flanagan
. idson T. Na tman
f /Consultant
/,'— March 20f
\
PROPERTY QWIER IMPROVEMENT AGREEMENTS
• WORK SCHEDULE
ITEM I PROPERTY OWNER AGREEMENTS
each agreement (29-68 to present)
2* 0 stern in e existing status.
5» Indicate reach and typs of improvements
on assessor's naps furnish&d by the City
ITEM II EXISTING IKPR07ENEHTS . .
1* Visually reuieio all street bstwsen OCEAtt STREET
on the west to VALLEY STREET on the sasi ; between
LOS FLORES DRIVE on thg north to TAMMARACK AVENUE'
on the south; and those specific strsot sections
which are cousred by "Property Owner- Agreements"*
2* D@tern.ine which blocks could bz one hundred perc&t'A
'• • improved IP minor areas to i thin- the block would
. . ' -install .thai? portion of i ft pro wsw^Js.. The clzgr<:.'Q
'.' • of improvement "reg-air-eci- wvuld'toe deiemfined by ih
' ••' .- ' ' type of improvemen.t'&"'3XT5it:ins-.cMizr 'ths? Majority o/
3. Indicate reach and type of ifnprouQKtants recitirsd"
-on csa^a:s.3>rf3 maps _fjurntshed by th& City,
ITEM III RECORD SYSTEM
1. Consult with the Director of Public For/is and Ci.tr/
Engineer an a perpetual systevt for keeping accurate
records and cross-ind&x file for the above
and II and set up ths initial program.*
2» The City would furnish all materials
ITEK IV FEES
Item.
I
II
III
'Estimated
Tims
12 days
13 "
5 "
Hourly
Rate
$25.00
$15*00
$25*00
"Estimated
Cost
02,440.00
2, 560.00
1, 000. 00
TOTALS 30 days 54,000*00
* The estimated tine and costs are MAXIMUM amounts. If time raquir&d
to complete the work is less than estimated^ thG fees would ba adjusted
accordingly* Should more tins be required than estimated, ffO additional
fee would be charged*
foes would be payable upon completion of each Item and a statement
is presented, Should tho City determine to dtscontinuy this project
prior to complet ion -then fees for t ima spent to th& date of said
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
4 'l
\ 27
28
c
RESOLUTION NO. 3681
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF-CARLSBAD, CALIFORNIA APPROVING
AN AGREEMENT BETWEEN THE CITY OF CARLSBAD
AND JUDSON T. NAIMAN FOR PROPERTY OWNER
IMPROVEMENT AGREEMENT STUDY 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 Judson T. Naiman for a Property Owner Improvement Agreement
Study, 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 authorize
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 cm the
Is t day of July , 1975, by the following vote, to-wit:
AYES: Councilman Frazee, Chase, Lewis, Skotnicki and
Councilwoman Casler
NOES: None
ABSENT: None
ATTEST:
ROBERT C. FRAZEE, Mayor
MARGARET E. ADAMS/ City Clerk
AGREEMENT FOR SERVICES TO' ESTABLISH
A RECORD SYSTEM FOR PROPERTY OWNER
'IMPROVEMENT AGREEMENTS AND EXISTING
IMPROVEMENTS ON CITY OF CARLSBAD
STREET SYSTEM
This agreement made and entered into as of the . day of
1975 by and between Judson T. Nairaan, an individual, hereinafter referrt
to as Consultant, and the City of Carlsbad, hereinafter referred to as
City. ' .
WITWESSETH
WHEREAS, the City has many unimproved streets in its street system;
and ' • • .
WHEREAS, a portion of these streets are partially improved or have
property owner agreements recorded to improve portions of-the streets;
and -
. WHEREAS, the City does not have a system for recording these agree-
ments or knowledge of which streets may be ready for installation of
improvements; and . ' ' . [ • • • •
WHEREAS, it is desireable for the City to have a program for recorc
ing, monitoring and enforcing property owner improvement agreements.
NOW, THEREFORE, the parties hereunto agree as follows:
Article 1 Scope of Services .
The Consultant will provide the services necessary to establish a
program for the installation of street improvements on unimproved street
as follows: ;..'.•• ."•.-.'- ' .
Item I Property Owner Agreements . .
1. Review each agreement (1968 to present).
* ' •.'..- •
2. Determine existing status.
3. Indicate reach and type of improvements on assessor's maps
furnished by the City. " •
Item II Existing Improvements
• 1. Visually review all streets between Ocean Street on the west
to Valley Street on the east; between Los Flores Drive on the
iiorth to Tamarack Avenue on the south; and those specific street
sections which are covered by "Property Owner Agreements".
2. Determine which blocks could be one hundred percent improved
if minor areas within the block would install their portion of
improvements. 'The degree of improvement required would be
• • '. f- • ;-
determine^ by the type of improvements existing over the
majority of the block and right of way available.
.3. Indicate reach -and type of improvements required or, assessor's
• maps .furnished' by the City.
Item III Record System '
1. Consult with the Director of Public Works and City Er.rrineer on
a perpetual system for keeping accurate records and cross-Index
file for the above Items I and II and set up the initial program
Article II Scope of City Sta'ff assistance '
The City will make its records available to determine existing
property owner agreements and improvements. City map and copying
facilities will be available for use as required.
. City staff participation will not be available fear assistance
except for information purposes only.
Article III Progress and. Completion .
• Services described.herein shall begin promptly following v-rlttcrx
authorization by the City. Completion of the work as described in
Article I shall be completed within sixty (60) calendar days..
ArtieIe IV Compensation . .
Fees for services described in Article I of this agreement: v;<ill
be based on direct salary costs based on rates in proposal dated March
20, 1975 except that the total fee for engineering services will not
exceed the guaranteed maximum fee given in Article V.
Article V Guaranteed Maximum Fee .
The guaranteed maximum fee for services described in Article I
shall be as follows: . •••... . • .
*'; Item Ho. Maximum Fee
'*'.. I $1440 " '
.II 1560
III 1000
Total $4000
Article VI Payment of Fees
Charges determined on the basis set forth in Article IV shall be
paid on the completion of each item described in Article I except that
payments for each item' shall not exceed the maximums set forth in
<r -. '
Article V.
Article VII Re^sponsibility of Consultant
The Consultant is, employed herein to render a professional service
only and any payments to him are compensation solely for such services
as he may render and recommendations he may make in the course of this
project.
Article VIII Changes•in the Scope of the Project
If conditions beyond the control of the Consultant necessitate a
change in scope of the project after work under Article I has commencedf
the Consultant shall submit his estimate of increased costs to the City
Manager for approval prior to undertaking any additional work.
Articl_e IX Suspension or Termination of Services • .
The City shall have the right to terminate this agreement and the
work done under it at any time without cause by giving the Consultant
a notice in writing.
In the event of termination, the Consultant shall be paid fcr the
work accomplished to the date of termination in accordance with Article
iv. _ ' ••';'• ; - . . - -' -.'••'_
Upon request of the City, the Consultant shall assemble the work
product and put the same in proper order for proper filing and closing
and deliver said product to the City. :-
Article X Status of Consultant
The Consultant will perform the services provided for herein in
his own way as an independent contractor in pursuit of his independent
calling and not as an employee of the City; he shall be under the contra"
of the City only as to the result accomplished and personnel assigned
to project.
Article XI Ownership of Documents
• All maps, studies, sketches, work sheets and documents as herein
required are the property of the City whether the work for which they
are made be executed or not. In the event this contract is terminated,
all documents, plans, worksheets, etc. shall be delivered forthwith
to the City. ' ,-•••- ' • • ' .
Article XII Assignment of Contract
The Consultant" shall not assign this contract or any part thereof or'
' any monies due or to become due or to become due thereunder without
the prior written consent of City.
Article _XII Subcpntractor
The Consultant shall not subcontract any of the work to be per-
formed under this agreement. .
Article XIV Prohibited. Interest
official of the City who is authorized in. such capacity and
on behalf of the City to negotiate, make, accept or approve this contract
shall become directly or indirectly interested personally in this contrac
or any part thereof. "
Article XV Verbal Agreement or Conversation
No verbal agreement or conversation with any officer, agent or
employee of the City, either before, during or after the execution of
this contract shall affect or modify any of the terras or obligations
herein contained, nor such verbal agreement or conversation entitle
the Consultant to any additional payment whatsoever under the terras of
this contract. , . _
Article XVI Effective Date . -
.This contract shall be effective on .and from the day and year
first above written.
IN WITNESS WHEREOF, we have hereunto set our hands and seals.
. ' .. ' - CITY OF CARLSBAD •'•'. '
*by
ATTEST? • Robert C. Frazee, Mayor
Margaret E. Adams, City Clerk • .
-" Judson T. Naiman, an individual
Approved as to form:
Vincent F. Biondo, Jr.
City Attorney