HomeMy WebLinkAbout1985-10-15; City Council; 8368; CITY-PACIFIC SCENE, INC. CONSTRUCTION REIMBURSEMENT AND PARK GRADING AGREEMENTw n > g e e <
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cw, OF CARBSBAD - AGEN~ BILL
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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
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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
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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
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NOES: None
ABSENT: None I
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:/a p &+,L <+
MARY H. gASLER, Mayor %L&-
ATTEST:
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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
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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
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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.
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TREETOPS UNLIMITED CITY OF CARLSBAD
BY: Pacific Scene , hc.
MARY H. CASLER, Mayor
APPROVED AS TO FORM
VINCENT F. BIONDO, JR., City Attorney
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