HomeMy WebLinkAbout1975-08-19; City Council; 3439-1; Extension for Refund Agreementn
CITY OF CARLSBAD
43)
AGENW BILL NO. 3439 Supplement No. 1
DATE : August 19, 1975
Initial: A
DEPARTMENT: Public Works C. blgr.
Subject: --
EXTENSIdN FOR REFUND AGREEMENTS
PIRATES COVE, INC.
Statement o€ the Matter
At the August 5, 1975 meeting, Council authorized the extension of
two reimbursement agreements with Pirates Cove, Inc. for a period of five years each.
Attached are new agreements incorporating the five year extension
and the stipulation that any activity occurring since the expiration of the first agreements, and the effective date of the new agreements, is not subject to reimbursement.
Exhibit
1.
2.
3.
Resolution No.3719 approving a sewer reimbursement agreement.
Resolution No g a street improvement
reimbursement
Map
Recommendation
It is recommended that City Council adopt Resolution No. 37/9
approving'an agreement between the City and Pirates Cove, Inc.
for a sewer reimbursement agreement and authorizing the Mayor
to execute said agreement.
Manager ' s .Note:
Both agreements have been included for Council consideration.
. A review of Mr.. R. R. Robinson's letter on behalf of Pirates
Cove, Inc., indicates that.the request specifically indicated a desire to have bothAgreements extended. The staff has recommended a new Sewer Agreement only, since the City has no
other Street Improvement Agreements. Present Council Policy would require new developments to construct the street at the developer's expense.
*.
Counci 1 action
8-19-75 Resolution #3719 was adopted, approving an agreement between City and Pirates Cove, Inc. for a sewer reimbursement agree- ment and authorizing Mayor to execute same, incorporating a five year extension.
NOTE - The extension for street improvement reimbursement
agreement was not authorized.
REFUND AGREEMENT
PARTIES: The parties to this agreement are the City of Carlsbad,
California, a municipal corporation, hereinafter referred to as CITY;
and Pirates Cove, Incorporated, a California corporation, hereinafter
referred to as CCRPORATION.
RECITALS: This refund agreement is made with reference to the
fact that CORPORATION has conveyed Lot C of Shelter Cove Subdivision,
located within CITY, to CITY, and said conveyance has been accepted
by CITY, but said Lot C has not been dedicated to public use but has
been retained by in from future
developers on Marina Drive their fair share of of the improve-
ments installed thereon.
COVENANTS: Now, therefo between the
parties hereto a
1. The term of for five years from the
2nd of N
2. CITY shall not ion of Lot C
of Shelter Cove Subdivision until it has received $29.35 for
each front foot of dedication requested. CITY shall pay to
CORPORATION 75% of the money collected pursuant to the above
paragraph, and shall transfer the remaining 25% of said money
to the City's General Fund to cover administrative costs.
3. CITY shall be liable to CORPORATION for the payment of monies
only to the extent such monies are actually collected, and
shall sustain no liability to CORPORATION in the event the
collection of such monies is prevented by judgement or order
of the court or in the event that such monies are not collected
as a result of inadvertence and/or neglect of the officers or
employees of CITY.
4. Any activity that would require reimbursement to CORPORATION
that has occurred in the time interval between November 2, 1974
and the effective date of this agreement is not subject to the
terms of this agreement.
Date
CITY OF CARLSBAD, by
ROBERT C. FRAZEE, Mayor
ATTEST:
MARGARET E. ADAMS, City Clerk
PIRATES COVE, INC.
Approved as to form:
Vincent F. Biondo, Jr.
City Attorney
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_- _A
RESOLUTION NO. 3719
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND PIRATES COVE, INC. FOR A SEWER REIM- BURSEMENT AGREEMENT 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 Pirates Cove, Inc. for a sewer reimbursement
agreement, 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
19th day of August , 1975, by the following vote, to wit: -
AYES: Councilmen Frazee,-Chase, Lewis, Skotnicki and
NOES: None
Counci 1 woman Cas1 er
ABSENT: None
ATTEST :
ROBERT 7&J&af2 C. FRAZEE, Meor
REFUND AGREEMENT
PARTIES: The parties to this agreement are the City of
Carlsbad, California, a municipal corporation, hereinafter referred
to as CITY; and Pirates Cove, Incorporated, a California corporation,
hereinafter referred to as CORPORATION.
RECITALS: This agreement is made with reference to the following
facts:
1.
2.
3.
4.
CORPORATION built Shelter Cove subdivision within CITY, which
subdivision is Project Number 2-8 in the files of the City of
Carlsbad Engineering Department.
As part of said subdivision, CORPORATION installed in Park
Drive the following sanitary sewer lines as shown on drawing
134-9, sheets 4 and 5 of 8 sheets:
a. 230 lineal feet of 12 inch pipe from station 0+05 to
station 2+24.92.
b. 662 lineal feet of 8 inch pipe from station 4+52 to
station 11+24.
The sizing of said sewers was greater than CORPORATION
required for its own subdivision, but was required for
possible future use by other properties along its length.
CITY may in the future collect a sewer line cost from
property owners wishing to connect to said sewers.
COVENANTS: Now, therefore, it is mutually agreed between the
par ties
1.
2.
3.
hereto as follows:
CITY shall endeavor to collect a sewer line cost from all
persons wishing to connect to the sections of sewer herein
referred to.
CITY shall pay such sewer line costs so collected to CORPORATION,
provided however, that in no events shall CITY'S liability here-
under require that CITY pay to CORPORATION more than the sum
of $4 per lineal foot for any portion of said sewer line.
CITY shall be liable to CORPORATION for the payment of monies
*only to the extent such monies are actually collected, and
shall sustain no liability to CORPORATION in the event the
collection of such monies is prevented by judgement or order
of the Court, or in the event such monies are not collected
as a result of inadvertance and/or neglect of the officers or
.>.Pa
4.
5.
6.
employees of CITY.
Any activity that would require reimbursement to CORPORATION
that has occurred in the time interval between November 2, 1974
and the effective date of this agreement is not subject to the
terms of this agreement.
This agreement shall be effective for a period of five years
from and after-the 2nd of November, 1974.
CORPORATION shall keep CITY informed in writing of its address
in order that any monies collected hereunder may be properly
handled by CITY.
CITY OF CARLSBAD, by:
ATTEST :
PIRATES COVE, INC.
bv
roved as to form:
/ Vfincznt F. Biondo, Jr. //" City Attorney v