HomeMy WebLinkAbout1975-08-05; City Council; 3439; Request for Extension for Refund,
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J CITY OF CARLSBAD
. AGENDA BILL NO. 3437
DATE : Auqust 5, 1975
DEPARTMENT : City Manaqer
Initial:
Dept. Hd. kt&
C. Atty.
C. Mgr.
Subject : REQUEST FOR EXTENSION FOR REFUND AGREEMENTS
PIRATES COVE, INC.
. Statement of the Matter
In November, 1964 a sewer agreement and a barrier lot agreement were executed by Pirates Cove, Inc. and the City of Carlsbad. The sewer agreement provided for a refund of $4.00 per lineal foot if there were any additional connections made by developers or subdivisions in this area. At that time the City requested that the sewer line be oversize to provide for this contingency.
A barrier lot agreement dated in November, 1964 was also a part
of the agreement. Pirates Cove, Inc, dedicated Lot C of Shelter
Cove subdivision for public use. This barrier 1ot.provided for
$29.35 per front foot of dedication requested. This would be '
shared 75% to Pirates Cove, Inc. and 25% to the City for adminis- trative costs.
' future development on Marina Drive. The.fee agreed to was
The Vice President of Pirates Cove, Inc. is now requesting that these agreements be extended for another 5 to 10 years. To date neither Pirates Cove, Inc. nor the City has collected any fees as there have been no other, developers in this area.
Exhibit
Copies of agreements
Letter from Vice President of Pirates Cove, Inc. dated July 9, 1975.
Recommendation
The City's sewer reimbursement agreements vary in the number
of years from between 5 to 15 years. Each is individually
negotiated; the most common being for 10 years. While there'are
no unusual circumstances which would indicate that. this agreement
should\be treated differently than others, if the Council wishes to enter into a new agreement, it should be referred back to the staff for the proper documents.
Council action
' 8-5-75 Th.e matter was referred back to st,af,f for preparation of a new agreementfor a 5-year period.
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ROBCO
5SO LAGUNA DRIVE CAPLSBAD, CALIF. 92008 714 -729.2358
May 61, 1975
Mr. Paul Bussey,
City Manager
City of Carlsbad
1200 Elm Avenue
Carlsbad, California 92008
R. R. ROBINSON
Dear Paul:
One of our corporate entities Pirate's Cove Inc., has two refund agreements
with the City of Carlsbad (copies enclosed) that have run their 10 year
course and are now apparently invalid.
I do not know what city policy is in such cases but I would appreciate it if
you would advise me as to the possibility of a renewal and extension of time
for these lapsed agreements. Over the years we have had numerous such agree-
ments with various cities and counties but we have never had one run its full
time without any reimbusement at all.
I recognize that our request is late and an extension might not be possible
in any event but since such agreements are now being written for 15 or 20
year periods in many jurisdictions I thought I would ask your indulgence and
advice in the matter.
Thank you for your consideration.
With best personal regards.
Sincerely, n
Vice President
RRR:db
Enclosures : (2)
INVESTORS DEVELOPERS BUILDERS
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COUNTY OF SAN DIEGO I 96 before me, the undersigned, a Notary Public in and for said
President, and OTHY K* ?', RR Tc Hr,
Secretary of the corporation that executed the within Instrument,
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w known to me to be the a W known to me to be
*known to me to be the persons who executed the within
A Instrument on behalf of the corporation therein named, and a 4. acknowledged to me that such corporation executed the withln $ instrument pursuant to its by-laws or a resolution of its board of directors.
WITNESS my hand and official seal.
(This area for official notarlal Seal)
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