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HomeMy WebLinkAbout1983-06-21; City Council; 7419; Alga Rd Widening - Reimbursement Agreement.. .* CICJF CARLSBAD - AGENC~ILL RECOMMENDED ACTION: V [f the City Council wishes to approve the reimbursement agreement for the Alga Road Yidening with Daon Corporation, your action is to adopt Resolution No. 7.6 I and, iy minute motion, to approve the special design for the roadway. ITEN EXPLANATION: fie City Council, at your meeting of March 1, 1983, authorized the City to construct four lanes of pavement on Alga Road east of El Camino Real and requested the City 4ttorney to prepare a reimbursement agreement with Daon Corporation. 4n earlier requirement that Daon construct the roadway could not be met because financing could not be secured. stopped on the advice of the City's financial consultants. fie contract for reimbursement provides for a lien against the property and requires Daon to repay the City within thirty (30) days of approval of the first tentative tract map north of Alga Road. mner of the first trust deed on the property. Daon has already authorized the engineering on the project. dill'be presented to Council for approval on July 16, 1983. a crossing under the roadway to accommodate the La Costa golf course expansion. Costa has agreed to pay their full share. An attempt to establish an assessment district was The City lien is not superior to that held by the The engineering plans The project will include La SPECIAL ROADWAY DESIGN: Alga Road, on both ends of the proposed widening, is developed to Major Arterial standards (102-foot right-of -way.) The 1"Jlldan Circulation Element Study recommends downgrading Alga to a Secondary Arterial. ,Arterial does not have a median island. The property to the south of Alga has a number of residential units with driveway access on to Alga. north will be developed either as a golf course or as residential. Alga will be required in either instance from the north. To meet the special needs of the adjoining properties, a special roadway design is being proposed. The existing roadway will become the south half. It will provide two slightly narrowed travel lanes for east bound traffic and an eleven-foot wide combination parking/bicycle lane. This will allow cars to get into and out of the adjoining driveways without interfering with the travel lanes. A median island is being proposed to prevent west bound cars from crossing the two east bound lanes when entering or leaving the adjacent residential property on the south. Left turn pockets will be provided at El Camino Real, Estrella Del Mar and Alicante to safely minimize the inconvenience to the south side residents. Parking lanes along the north side of the widened road are proposed to be eliminated. along the north will be either the side or rear yards of homes or a golf course, the elimination of parking can be tolerated. Both are four-lane roads but a Secondary The property to the No access from Since the property This special design will be compatible to the function of Alga Road, will provide a safer facility for property along the south and will significantly reduce con- struction costs to the City and to future developers along the north side. special design is acceptable to the Daon Corporation and is recommended by the City Engineer. The FISCAL IMPACT: All construction and administrative costs of the widening will be paid by the developer when approvals of adjacent tract maps are given. road will be by City forces. Maintenance of the EXHIBITS : 1. Lien Contract of Reimbursement for Public Improvements. 2. Resolution No. 92s I approving Agreement. 3. La Costa letter dated June 10, 1983. I_ REIMBURSEMENT -- AGREEMENT FOR PUBLIC IMPROVEMENTS . THIS AGREEMENT is made by the City of Car'lsbad, a municipal corporation, hereinafter referred to as "City," and DAON 'CORPORATION, hereinafter referred to a5 "Property Owner." . R E C I Tak L S WHEREAS, Property Owner has'applied to City for a Tentative 'rract Map CT 82-15 and a Condominium Permit CP-ZL2 for a 40 Qot/490 unit project (Project) ; and -. WHEREAS, it was found that the project was not suitable for developrent in its present condition,. but that it would be suit- able -for developinent if certain public improvements were con- .. structed, in particular the north half of Alga Road from Alicantc Road to El Camino Real (Road); and =WHEREAS, Resolution No. 7039 conditionally approving the Project in Condition No. 47 required the Property Owner to construct the Road prior to final map approval; and - WHEREAS, Ci.ty has determined that the public interest requires the construction of the Road in advance of the time- table for the development contemplated by Property Owner; and WHEREAS, Property Owner, in consideration of the approval * would construct the Road while securing that. the City would be of the Project desires to ._ enter into this agreement whereby City reimbursed for the cost of said construction by Property Owner, . City having determined it to be in the public interest to accept this reimbursement agreement a5 full compliance with Property Owner's obligati&s under Conditiori No. 47 of Resol.ution .. . .. No. 7039, NOW, THEREFORE, IT IS AGliEED'betwcen the parties hereto as fo 1 l0,WS : Section I:, Upon execution of this ag-reement or within a reasonable time thereafter, Property Owner shall convey to City .. r"4 n free of all liens and encumberances the right or way necessary to construct the.Road iq conformance with plans provided pursuant to. Section 3 of this agreement within the right-of-way as shown on Exhibit A attached hereto and made a part hereof. Property Owner agreks to advance to City the sum of Thirty-Five Thousand Dollars ($35,000) to be used towards payment of the Road construction costs. Section 3: Within 60 days of the date of execution of this agreement, Property Owner, in lieu of constructhg the Road as required by Condition No. 47 before recordation of the final map of the Project is granted, agrees to provide plans and specifi- cations for the Road construction approved by the City Engineer. Said plans and specifications shall be provided %ri.thout cost or expense to City. - Section 2: Upon execution of this agreement by both parties, .t I -. Section 4: After the plans and specifications are provided to City, and as soon thereafter as practicable, City shall-com- mence construction and diligently pursue to completion. the basic Road improvements to maintain safety standards in accordance with said plans and specifications. The means for and manner of said construction shall be at the sole discretion of City. Daon shall construct the ultimate Road improvements in accordance with .. said plans and specificationg as a condition of approval of future tentative subdivision maps for development in La Costa Northwest. ,- . Section 5: Property Owner, in lieu of constructing the Road as required by Condition NO. 47 of Resolution No. 7039 before recordation of the final map of the Project and in return for the construction of the Road by City,, agrees to reimburse .* 'I/, i/ - // : // // . // ,' *. 7' -.*. ..:: .. .. . .. . . .. .. .. . .' -2- .. .. I. . '$ City for the totai construction costs of the Road as hereinafter provided. construction, the City Council of City shall determine the total . costs to be paid by Property Owner based on the, final amount At the time of completion an$.acceptancc of the Road City paid to the Road construction contractor, plus the costs of 'contract inspection and admi.nistration, plus simple interest at an annual rate of ten percent (lO%j' from the date of completion and acceptance by City until the money is repaid by Property Owner. City shall provide Property Owner with an audited ,. .* accounting of the total Road construction costs setting for,th the amounts paid for materials and labor, which audit shall be approved by the City Manager. Property Owner at the time of completion and acceptance of the Road construction. Property Owner shall reimburse City for the total Road construction costs plus inspedtion and adminis-tration Said audit shall be given to fees and accrued interest minus the sum of Thirty-Five Thousand Dollars ($35,000), said amount having been advanced to City pur- . suant to Section 2 of this agreement. - Section 6:. Property Owner shall pay the full amount required .by Section 5 of this agreement within.30 days of the tentative subdivision map (as.that term is used in Section 66426 of the California Government Code) for all or any part of the 'date the City Council of City officially approves the first area north of Alga Road and east of El Camino Real known as La Costa Northwest as shown on the'map marked ExhibitB attached hereto and made a part hereof. The payment provision of this section shall not apply to parcel map'approvals. City agrees that execuEion of this agieement .. Section 7: shall constitute gull satisfaction of Property Owner's obliga- tion. to City under: Condition No. 47 of Resolution No. 7039 approving Tentative Tract Map CT82-15. .- -- Section 8: This agreement ana the covenant3 contained herein shall run with the land shown on Exhibit "B" and be b'inding upon and inure to.the benefit oFJ the successors, heirs, assigns, and transferees of City and Property Owner. . .' .. . y-- 7. , $ i 3 1. I t I \ Section 9: In Lne event'of any legal actiL,i or proceeding brought by either party against the other to enforce or inter- pret any provision of this agreement, the.prevailing party shall be entitled to recover the fe'e's of its attorneys plus court costs as well as all fees and costs associated with an appeal until final determination. .. -, .. .. Dated: '. ATTEST: DAON CORPORATION .. (Property Owner) CITY OF CARLSBAD, a Municipal Corporation of the State of Califorsia d .. .. .... -. a. ,* -4- b b *. y. 1 2 3 4 5 6 7 a 9 10 11 1< 2( 2: 2: 2: 24 21 24 2' 2f RESOLUTION NO 7261 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSRAD, CALIFORNIA APPROVING A REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF CARLSBAD AND DAON CORPOiiATION FOR THE ALGA ROAD WIDENING PROJECT, + WHEREAS, the City of Carlsbad and Daon Corporation have agreed to the terms of the reimbursement agreement for the Alga Road w id en i ng NOW THEREFORE BE IT RESOLVED by the City Council of the City of Carlsbad, California as follows: 1. That certain reimbursement agreement between the City of Carlsbad and Daon Corporation for the construction of . the Alga Road widening, a copy of which is attached hereto marked Exhibit A and made a part hereof, 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 21st day of June , 1983 by the following vote, to wit: AYES: NOES: Council I-kmbers Casler, Lewis, Kulchin, Chick and Prescott I ABSENT: None - MARY H ,C/CASLER, Mayor ATTEST: EXECUTIVE OFFICES June 10, 1983 PG-418 RE: ALGA ROAD Mr. Roy Kackley, City Engineer City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Dear Mr. Kackley: Based on our discussion on June 10, La Costa Hotel and Spa agrees to participate in the Alga Road widening project by accepting responsibility for the design and funding of the underpass and waterline relocation worE. It is understood that the City will award a single contract for the project, with the underpass and waterline as separate bid items. However, La Costa Hotel and Spa reserves the right of disapproval of the aforementioned separate bid items, if those items exceed the prevailing market price for such construction contract work. La Costa Hotel and Spa will pay to the City the amount of the two separate bid items, plus the administrative cost to cover our share of the contract administration. Payment will be made to the City on the same payment schedule and with the same payment percentages as those agreed upon in the overall contract between the City and the selected contractor. It is understood that the schedule for the project is as follows: 1. Council action to authorize advertisement for 2. Receiving bids -- August 12. 3. Council action to award construction contract -- bids -- July 19. August 2 3. Sincerely, PAUL GRAHAM La Costa Hotel and Spa PG : gh COSTA DEL MAR ROAD * CARLSBAD,CALlFORNlA 92008 * AREA CODE 714 - TELEPHONE 458-9111