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HomeMy WebLinkAbout1985-10-15; City Council; 8368; CITY-PACIFIC SCENE, INC. CONSTRUCTION REIMBURSEMENT AND PARK GRADING AGREEMENTw n > g e e < -- z 2 L a J G z 3 0 0 cw, OF CARBSBAD - AGEN~ BILL - CITY MTG. 10/15/85 CONSTRUCTION REIMBURSEMENT DEPT. CA AND PARK GRADING AGREEMENT CITY RECOMMENDED ACTION: That the City Council adopt Resolution No. fdd/ ? apprc agreement between the City and Pacific Scene providing for tk construction of public streets around the Lake Calavera Hills and for the movement of dirt to facilitate the grading of the ITEM EXPLANATION when the City Council considered approval of Cesco's subdiviE Village H in the Lake Calavera Hills Master Plan we became ab dispute between the two property owners within the master p1z Pacific Scene and Cesco, regarding responsibility for road improvements. The City Council directed that those problems resolved before further development was approved in the area. various reasons we have been unable to achieve a cooperative agreement between the property owners and the City to provide orderly development of the master plan. However, we have neo an agreement with Pacific Scene which we believe is adequate satisfy all master plan requirements as they apply to the Pac Scene holdings, meet the City's public improvement needs in t and facilitate construction of the park. The City Council is asked to make a decision regarding the proposed subdivision f Village H, to revise the tentative map conditions for Pacific subdivision, and to approve the above referenced agreement. The master plan places responsibility for the construction of Glasgow around the Lake Calavera Hills park site with Cesco. Nevertheless, Pacific Scene has agreed to construct those str provided the City enters into an agreement to impose a reimbu condition on subsequent development of the Cesco property. E Scene has also agreed to give the City 15,000 cubic yards of necessary for the grading of Lake Calavera Hills park site ch the City only their cost to move the dirt, $1.31 per cubic ya ($19,650). Pacific Scene has also agreed to coordinate their and construction of the streets around the park with our grad resulting in substantial savings to the City. The price to m dirt is substantially less than the best bid the City was 0th able to obtain. The City Manager and the City Attorney recom that the City Council adopt Resolution No. P2-V approvi agreement. EXHIBITS Resolution No. /&/ AB# f2&/ TITLE: CITY - PACIFIC SCENE, INC. DEP a" .' 1 2 3 4 5 6 7 8 9~ lo 11 12 n a z m 13 -Ig 4% m Z"W8 0:z.- mGz< 15 U' e& $204 16 og2m N glLzr OWU x* 55 2 171 >$ I- 0 l8 e a RESOLUTION NO. 8221 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A CONSTRUCTION REIMBURSEMENT AND PARK GRADING AGREEMENT BETWEEN THE CITY AND PACIFIC SCENE IN THE LAKE CALAVERA HILLS MASTER PLAN. The City Council of the City of Carlsbad, Californ does hereby resolve as follows: 1. That certain construction reimbursement agreerr Inc. for tt a park E between the City of Carlsbad and Pacific Scene, construction of certain streets and the grading of part hereof, is hereby approved. the Lake Calavera Hills Master Plan, marked Exhibit A and T 2. That the Mayor of the City of Carlsbad is hert authorized and directed to execute said agreement for and t I behalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting the City Council of the City of Carlsbad, California, held , 1985 by the following 15th to wit: day of October Ii -4 21 NOES: None ABSENT: None I 22 I 23 24 :/a p &+,L <+ MARY H. gASLER, Mayor %L&- ATTEST: I 0 0 AGREEMENT BETV7EEN CITY OF CARLSBAD A MUNICIPAL CORPORATION AND TREETOPS UNLIMITED THIS AGREEMENT, hereinafter referred to as the "Agreement", is made and entered into this day of , 1985, by and between the City of Carlsbad, a municipal corporation and Treetops Unlimited, a joint venture, hereinafter referred to as "City" and "Treetops," respectively. RECITALS WHEREAS, the City and Treetops desire to provide for th construction of certain streets and the grading of a park site i the Lake Calavera Hills Master Plan Area in order to allow development to proceed in an orderly and mutually advantageous way in that area; Therefore, the parties agree as follows: 1. Treetops will give the City of Carlsbad the dirt which Treetops presently has stocwled in Village L-1 for use conjunction with the City's grading of the Lake Calavera Hills park site. It is presently contemplated that the City will require approximately 15,000 cubic yards of dirt. The actual amount will be determined by the City providing it will not exceed 20,000 cubic yards. The City will pay Treetops to move the dirt and stockpile it uncompacted on the park site in an amount equal to $1.31 per cubic yard for each cubic yard delivered. Payment shall be made within thirty (30) days EXHIE e e following delivery of the dirt. Treetops will coordinate the movement of the dirt and their construction of portions of Harwich, Glasgow and Elm with the City's grading contractor for the park site so that the City's work, removal of the dirt, and construction of the streets can be coordinated in a mutually advantaqeous way. 2, The City Council has approved Resolution No, revising condition No. 39 of Planning Commission Resolution No. 2224 as adopted by City Council Resolution No. 7457 to permit CT 83-21/PUD-57 to gain secondary access from Harwich Drive and Glasgow rather than Tamarack Avenue and College Avenue for the Treetops subdivision. As a part of that revision Treetops will construct Glasgow Drive half width from its present northerly terminus along the frontage of Village E-2, and through a portio of Village K to Harwich Drive, Elm Avenue half width from its easterly terminus to Glasgow Drive along the frontage of Village E-2, and Harwich half width through Village K to its intersectio with Glasgow Drive. The construction of the above referenced portions of Harwich, Glasgow, and Mm Avenue under the Lake Calavera Hills Master Plan are the responsibility of properties owned by parties other than Treetops. In order to assure the orderly development of the property within the Lake Calavera Hills Master Plan Area, Treetops is willing to undertake the construction of those streets in accordance with this Agreement. The City agrees to impose conditions upon subdivision and development of Villages K, E-1 and L-2 requiring that Treetops 2. 0 a be reimbursed for its actual costs (inluding engineering, right of way acquisition, design and permit fees) to construct those streets by the other property owners in the Lake Calavera Master Plan Area as follows: a. Reimbursement of the costs fait Glasgow navth of Elm and Elm shall be paid to Treetops as a condition and prior to th approval by the City of any tentative or final parcel map, tentative or final subdivision map or the issuance of any other development approval covering any portion of Village K. b. Reimbursement of the costs for Glasgow south of Eln shall be paid to Treetops as a condition and prior to the approc by the City of any tentative or final parcel map, tentative or final subdivision map or the issuance of any other development approval covering any portion of Village E-1. c. Reimbursement of the costs for Harwich located witf- Village K shall be paid to Treetops as a condition and prior to the approval by the City of any tentative or final parcel map, tentative or final subdivision map or the issuance of any other development approval covering any -pertion of Village K or Villa< L-2. 3, Treetops will construct Tamarack Avenue adjacent tl Village E-2 and F-1 to bring it to full. width and City standard 4. Treetops has submitted plans to the City for Tamar Elm, Glasgow and Harwich, designed to City standards, and will complete any required revisions to those plans by November 15, 1985. Treetops will use its best efforts to obtain the necessa 3. e e r right of way as soon as possible. Within 30 days following the City's approval of those plans, Treetops will commence construct of the above referenced streets and will diligently pursue that construction to completion. If condemnation is necessary Treeto' may delay the start of construction until an order of immediate possession is obtained. The constuction will be completed withi 120 days following commencement of construction. The time for completion of construction shall be extended for delays caused b inclement weather, strikes, lockouts, unavailability of labor or materials and other factors beyond the control of Treetops. 5. Treetops shall use its best efforts to obtain all right of way easements, consents or permissions necessary or required to construct the streets from the owner(s) of the land upon which the streets are located. The City will use its power eminent domain to condemn at the expense of Treetops, any necess right of way which cannot otherwise be obtained by Treetops. 6. It is the City Council's present intention that, except as provided in this Agreement, Treetops shall not be required to make any improvements +e Glasqow, Harwich within Village K, or Elm as a condition to the development of Villages and P-1 or L-1. /// /// /// /// 4. I. e * TREETOPS UNLIMITED CITY OF CARLSBAD BY: Pacific Scene , hc. MARY H. CASLER, Mayor APPROVED AS TO FORM VINCENT F. BIONDO, JR., City Attorney 4 5.