HomeMy WebLinkAbout1986-08-05; City Council; 8495-8; Palomar Airport Road West Assessment District 86-1 Reimbursement and Consultant Agreements4
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TITLE: DEPT. HD.- PALOMAR AIRPORT ROAD WEST I CITY ATTY.
CITY MGR.
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ASSESSMENT DISTRICT NO. 86-1 MTG. 08/05/86
DEPT. AD REIMBURSEMENT AND CONSULTANT AGREEMENTS
RECOMMENDED ACTION:
Adopt Resolution No. &“72 o approving reimbursement agreements with
the Carltas Company and Paul Ecke, Sr.
Adopt Resolution No. p7 2. / approving the 6th Supplemental Agreement
with Neste, Brudin & Stone for assessment engineering services.
ITEM EXPLANATION
On July 1, 1986, Council determined it was in the public interest to
proceed with the Palomar Airport Road West assessment district and directed
staff to proceed with the district.
Council approved a City contribution of $1,780,000 and an additional
contribution of $331,000 to construct the street along two properties which
are currently in an agricultural preserve and cannot be developed.
Reimbursement agreements have been signed by the owners, the Carltas
Company and Paul Ecke, Sr., agreeing to repay the $331,000 with 8.25%
interest when the restrictions are lifted and the owner applies for a
development permit.
Also attached is an agreement with Neste, Brudin & Stone to perform the
assessment engineering services to formally create the assessment district
(1913 Act).
also
FISCAL IMPACT
Council appropriated $2,100,000 for this project in the 1986-87 Capital
Improvement Program. The fee for Neste, Brudin & Stone for assessment engineering services is $20,000. The City will receive a reimbursement of
$331,000 plus. 8.25?; interest (for a maximum of fifteen (15) years) upon
development of the agricultural land.
EXHIBITS
1. Location Map.
2. Reimbursement Agreement with Carltas Company.
3. Reimbursement Agreement with Paul Ecke, Sr.
4. Resolution No. 87 20 approving reimbursement agreements with the
Carltas Company and Paul Ecke, Sr.
5. Resolution No. f7x’ approving the 6th Supplemental Agreement
Neste, Brudin & Stone for assessment engineering services (agree- with
ment attached).
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LOCATION MAP
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: PALOMAR
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LEGEND
ASSESSMENT 0 I STRICT . . . . . . . . .
BOU N DARY
vlcm MAP
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PROJECT NAME' PALOMAR AIRPORT ROAD -PRoJ- No- EXHIBIT
ASSESSMENT DISTRICT 31 51 I
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REIMBURSEMENT AGREEMENT
THIS AGREEMENT is made by and between the CITY OF CARLSBAD (a4Cityit), a municipa
corporation, and CARLTAS CO. ("Owner"), a Cal tfornia corporation.
-------- RECITALS
1. The City Council of the City has initiated proceedings for the formation of
special assessment district, pursuant to the terms and provisions of tt- "Municipal Improvement Act of 1913", being Division 12 of the Streets ar
Highways Code of the State of California, for the construction of certain publi
works of improvement, together with appurtenances and appurtenant work, sai
assessment district to be known and designated as
(PALOMAR AIRPORT ROAD)
ASSESSMENT DISTRICT NO. 86-1
(hereinafter referred to as the "Assessment District").
2. The public works of improvement proposed to be constructed pursuant to th
Assessment District include street improvements to Palomar Airport Road, wate
. improvements, drainage improvements, uti1 ity installation and acquisition o r i ght -of -way.
3. Owner is the owner of certain real property'located in the City of Carlsbdd an
identified as Assessor's Parcel No. . 211-021-19 (the "Property"). Th Property is more particularly described in txhibit "A", which is attached heret and by this reference made a part hereof.
4. The Property is currently included within the proposed boundaries of thc
Assessment District and accordingly to the "Investigation Report" prepared fol the City pursuant to the "Special Assessment Investigation, Limitation an(
Majority Protest Act of 1931", the Property would be subject to assessment.
5. Pursuant to the proceedings of the "Special Assessment Investigation, Limitatiol
and Majority Protest Act of 1931", Owner has filed a written protest pertainin1
to the formation of the Assessment District and the levy of the proposed assess ment against the Property. Owner's protest is based upon Owner's belief that thl Property does not benefit from the proposed public works of improvement as t
result of 1 imitations on development placed upon the Property under the curreni
Local Coastal Plan and other land use restrictions.
6. Owner has agreed to withdraw its protest to the formation of the Assessmenl
District if the City agrees to contribute to the Assessment District a sum equa'
to the assessment against the Property and to modify the Assessment Oistricl
proceedings to eliminate any proposed assessment against the Property.
7. 'City is willing to contribute the sum specified herein if the Owner agrees tc
reimburse the City for such contribution plus interest as specified herein wher
and if the Local Coastal Plan restrictions on development of the Property anc other land use restrictions are eliminated.
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8. Owner is willing to agree to reimburse the City for monies advanced, provide
that the terms and conditions hereinafter have a reasonable time limit and th
obligation is not perpetual.
NOW, THEREFORE, upon the terms and conditions and for the consideration set fort
hereinafter, the parties agree as follows:
1. City agrees that it will contribute a sum not to exceed f ~74~- , whic represents the current proposed assessment against the wvy, and approve change and modification in the Assessment District proceedings so that up0
. confirmation of assessments within the Assessment Oistrict no assessment would b
levied against the Property.
2. Prior to the close of the protest hearing conducted pursuant to the "Municipa
Improvement Act of 1913", Owner agrees to file with the City Clerk a writte
withdrawal of Owner's protest to the formation of the District and Owner agree
thereafter not to file a protest to such formation.
3. When and if the Local Coastal Plan and other land use restrictions are so modi
fied as to permit development of the Property and the City's General Pla
concurrently permits development of the Property and Owner requests a permit t
allow development on said land either through a use permit, building permit
grading permit or subdivision or parcel map, Owner shall then inmediately b obligated to either (a) reimburse the City for the principal amount of the City' contribution to the Assessment District, plus interest, as set forth herein, o
(b) execute a promissory note and deed of trust pursuant to the terms an
conditions as set forth hereinafter. For purposes of this Agreement
"development" means the division of land, grading or original construction of ai
improvement to the Property, which division of land, grading or construction i of the type normally associated with urban development as opposed to agricultura activity and which is capable of receiving and utilizing the special benefit< accruing to the Property from the construction of the public works of improvemen
pursuant to the Assessment District.
4. In lieu of paying the principal and interest upon development, the Property Ownel
may, at its option, elect to pay all sums necessary to bring current the amoun
as if an assessment had been levied, and then to pay the balance due over
period of years, said period being the balance of the term for the issuance 01
bonds. This obligation to pay over a period of years shall be evidenced by (
note and deed of trust in form satisfactory to the City Attorney, and said amouni may be prepaid at any time without penalty.
The Reimbursement Agreement and obligation shall be in full force and effect foi
thirty (30) years, and the Property Owner's obligation and paynent shall accruc interest at the rate of eight and one-quarter percent (8.25%) per annum from thc
date of issuance of the bonds for the Assessment District for d period of fifteei v (15) years.
6. Upon execution of this Agreement, the City shall cause a copy of this Agreemenl
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to be recorded in the Office of the County Recorder of the County of $an Diego.
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7. This Agreement constitutes the entire agreement between the parties pertaini to the subject matter contained herein, and supercedes all prior d
contemporaneous agreements , representat ions and understandings of the partie No supplement, modification or amendment of this Agreement shall be bindi
unless executed in writing by all the parties. No waiver of any of t
provisions of this Agreement shall be deemed or shall constitute a waiver of d other provision, whether or not similar, nor shall any waiver constitute
continuing waiver. No waiver shall be binding unless executed in writing by ti parties making the waiver.
This Agreement shall be binding upon and inure to the benefit of the respecti heirs, personal representatives, successors and assigns of the parties hereto.
A1 1 warranties, representations, covenants, ob1 igations and agreements contain
in this Agreement shall survive the execution and delivery of this Agreement a
any and all performances in accordance with this Agreement.
10. In the event that judicial or other legal action is initiated pertaining to t
enforcement of this Agreement, the prevailing party in such action shall
entitled to reasonable attorney's fees and costs.
11. Any notice, request, demand or other comnunication to be given to either par hereunder shall be in writing and shall be sent by registered or certified mai
a5 follows:
TO CITY:
City of Carl sbad 1200 Elm Avenue Carl sbad, CA 92008 Attention: City Manager
TO OWNER:
Carltas Co. .
Christopher Cal kins P. 0. Box 488
Encinitas, CA 92024
Notice shall have been deemed to be given forty-eight (48) hours after the sa has been deposited in the United States mail post office box in the State
which the notice is addressed, or seventy-two (72) hours after deposited in a
such post office box other than the State in which the notice is addresse
postage prepaid, addressed as set forth above. The addresses and addressees f
the purpose of this paragraph may be changed by giving of written notice of su
change in the manner provided herein for giving notice. Unless and until su notice is received, the last address and addressee stated by written noticc shall be deemed to continue in effect for all purposes hereunder.
IN WITNESS WHEREOF, the parties hereto have executed this Reimbursement Agreement (
the date and year set forth below.
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I m I)
EXECUTED dt Carlsbad . , CdlifOrnid, this &th day Of August , 1986.
"C ITY" CITY OF CARLSBAD
Ely:% J. Le
MARY H. C LER, Mayor
By ;
ALETHA L. RAUTENK
EXECUTED at d&c/&/rx!C , California, this /D &f day of ,To&? 9 1986.
ent
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REIMBURSEMENT AGREEMENT
THIS AGREEMENT is made by and between the CITY OF CARLSBAD ("City"), a municipa
corporation, and PAUL ECKE, SR. ("Owner"), an individual.
RECITALS
1. The City Council of the City has initiated proceedings for the formation of , special assessment district, pursuant to the terms and provisions of thc "Municipal Improvement Act of 1913", being Division 12 of the Streets an(
Highways Code of the State of California, for the construction of certain public works of improvement, together with appurtenances and appurtenant work, saic assessment district to be known and designated as
(PALOMAR AIRPORT ROAD)
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ASSESSMENT DISTRICT NO. 86-1
(hereinafter referred to as the "Assessment District").
2. The public works of improvement proposed to be constructed pursuant to thc
Assessment District include street improvements to Palomar Airport Road, water
improvements, drainage improvements, uti1 ity installation and acquisition 01
right-of-way.
3. Owner is the owner of certain real property located in the City of Carlsbad an(
identified as Assessor's Parcel No. 212-041-05 (the "Property"). Thc
Property is more particularly described in' Exhibit "A" , which is attached hereti and by this reference made a part hereof.
4. The Property is currently included within the proposed boundaries of thc Assessment District and accordingly to the "Investigation Report" prepared foi the City pursuant to the "Special Assessment Investigation, Limitation an0 Majority Protest Act of 1931", the Property would be subject to assessment.
5. Pursuant to the proceedings of the "Special Assessment Investigation, Limitatior and Majority Protest Act of 1931", Owner has filed a written protest pertainins
to the formation of the Assessment District and the levy of the proposed assess-
ment against the Property. Owner's protest is based upon Owner's belief that thc
Property does not benefit from the proposed public works of improvement as i
result of limitations on development placed upon the Property under the current
Local Coastal Plan and other land use restrictions.
6. Owner has agreed to withdraw its protest to the formation of the Assessmenl District if the City agrees to contribute to the Assessment District a sum equa' to the assessment against the Property and to modify the Assessment District proceedings to eliminate any proposed assessment against the Property.
7. City is willing to contribute the sum specified herein if the Owner agrees to
reimburse the City for such contribution plu3 interest as specified herein when
and if the Local Coastal Plan restrictions on development of the Property and other land use restrictions are eliminated.
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8. Owner is willing to agree to reimburse the City for monies advanced, provide that the terms and c-onditions hereinafter have a reasonable time limit and th
ob1 igation is not perpetual.
NOW, THEREFORE, upon the terms and conditions and for the consideration set fort hereinafter, the parties agree as follows:
1. City agrees that it will contribute a sum not to exceed , whic represents the current proposed assessment against the y, and approve
change and modification in the Assessment District proceedings so that up0
confirmation of assessments within the Assessment District no assessment would b
levied against the Property.
2. Prior to the close of the protest hearing conducted pursuant to the "Municipa
Improvement Act of 1913", Owner agrees to file with the City Clerk a writte
withdrawal of Owner's protest to the formation of the District and Owner agree
thereafter not to file a protest to such formation.
3. When and if the Local Coastal Plan and other land use restrictions are so modi
fied as to permit development of the Property and the City's General Plai
concurrently permits development of the Property and Owner requests a permit tc allow development on said land either through a use permit, building permit
grading permit or subdivision or parcel map, Owner shall then imnediately bl
obligated to either (a) reimburse the City for the principal amount of the City' contribution to the Assessment District, plus interest, as set forth herein, 01 (b) execute a promissory note and deed of trust pursuant to the terms an
conditions as set forth hereinafter. For purposes of this Agreement, "development" means the division of land, grading or original construction of ai improvement to the Property, which division of land, grading or construction i! of the type normal ly associated with urban development as opposed to agricul tura'
activity and which is capable of receiving and utilizing the special benefit!
accruing to the Property from the construction of the public works of improvemenl
pursuant to the Assessment District.
In lieu of paying the principal and interest upon development, the Property Ownel
may, at its option, elect to pay all sums necessary to bring current the amounl as if an assessment had been levied, and then to pay the balance due over I
period of years, said period being the balance of the term for the issuance ot
bonds. This obligation to pay over a period of years shall be evidenced by a
note and deed of trust in form satisfactory to the City Attorney, and said amount
may be prepaid at any time without penalty.
5. The Reimbursement Agreement and obligation shall be in full force and effect for
thirty (30) years, -and the Property Owner's obligation and payment shall accrue
interest at the rate of eight and one-quarter percent (8.25%) per annum from the
date of issuance of the bonds for the Assessment District for a period of fifteer
(15) years.
6. Upon execution of this Agreement, the City shall cause a copy of this Agreement to be recorded in the Office of the County Recorder of the County of San Diego.
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7. This Agreement constitutes the entire agreement between the parties pertainin
to the subject matter contained herein, and supercedes all prior an1 contemporaneous agreements, representations and understandings of the parties No supplement, modification or amendment of this Agreement shall be bindin unless executed in writing by all the parties. No waiver of any cf th provisions of this Agreement shall be deemed or shall constitute a waiver of an other provision, whether or not similar, nor shall any waiver constitute continuing waiver. No waiver shall be binding unless executed in writing by th parties making the waiver.
8. This Agreement shall be binding upon and inure to the benefit of the respectiv
heirs., personal representatives, successors and assigns of the parties hereto.
9. A1 1 warranties, representations, covenants, obligations and agreements containe in this Agreement shall survive the execution and delivery of this Agreement an any and all performances in accordance with this Agreement.
10. In the event that judicial or other legal action is initiated pertaining to th enforcement of this Agreement, the prevailing party in such action shall b entitled to reasonable attorney's fees and costs.
11. Any notice, request, demand or other communication to be given to either part hereunder shall be in writing and shall be sent by registered or certified mail as follows:
TO CITY:
City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008
Attention: City Manager
TO OWNER:
Notice shall have been deemed to be given forty-eight (48) hours after the sa
has been deposited in the United States mail post office box in the State 1
which the notice is addressed, or seventy-two (72) hours after deposited in ai such post office box other than the State in which the notice is addressec postage prepaid, addressed as set forth above. The addresses and addressees fc
the purpose of this paragraph may be changed by giving of written notice of su( change in the manner provided herein for giving notice. Unless and until su( notice is received, the last address and addressee stated by written noticc shall be deemed to continue in effect for all purposes hereunder.
IN WITNESS WHEREOF, the parties hereto have executed this Reimbursement Agreement (
the date and year set forth below.
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EXECUTED at Car-sbad , California, this &h day of AUPst , 1986.
'I C I TY I'
CITY OF C RLSBAO
By: q& d. k-
By: do,&
MARY H. CAS R, Mayor
ALETHA L. RAUTENK
, 1986. JiLV EXECUTED at &h c/#/7&+q , California, this - /@-day r"ri of .
I' OW NE R 'I
2& 5L.A-
AUL tCKt, SR.
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RESOLUTION NO. 8720
. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA,
APPROVING REIMBURSEMENT AGREEMENTS
PERTAINING TO A SPECIAL ASSESSMENT
DISTRICT
WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNI
has heretofore commenced proceedings pursuant to the provisions o
the "Special A>ssessment Investigation, Limitation and Majorit
Protest Act of 1931", being Division 4 of the Streets and Highway
Code of the State of California, for the construction of certai
works of improvement, together with appurtenances and appurtenan
work, in a special assessment district known and designated as
ASSESSMENT DISTRICT NO. 86-1 (PALOMAR AIRPORT ROAD)
(hereinafter referred to as the "Assessment District"); and,
WHEREAS, there exists certain property within the boundarie
of the proposed Assessment District which cannot legally utiliz
the special benefits which would otherwise accrue to those proper
ties from the proposed improvements as a result of the classifica
tion of said parcels as permanent agriculture under the Mello I
Local Coastal Plan; and,
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WHEREAS, the City Council has agreed to make a contributio
to the proposed Assessment District which would represent th
assessments which would be levied against said properties but fo
their classification as permanent agriculture.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1. That the above recitals are all true an
correct.
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SECTION 2. That the Reimbursement Agreements by and betwee
the City and Carltas Co. and Paul Ecke, Sr. are hereby approved
and the Mayor and City Clerk are authorized to execute sai
Agreements on behalf of the City.
PASSED, APPROVED and ADOPTED at a regular meeting of the Cit
Council held on the 5th day Of August . , 1986, by th
following vote,,to wit: c
AYES:
NOES: None
AB S E N T :
Council Members Casler, Lewis, Chick and Pettine
Council Member Kulchin d&
LtR, Mayor
ATTEST:
7T4ifkd-q Y 1Y rk
(SEAL)
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RESOLUTION NO. 8721
A RESOLUTION OF THE CITY COUNCIL OF THE
. CITY OF CARLSBAD, CALIFORNIA, APPROVING
AN AGREEMENT WITH NESTE, BRUDIN & STONE
FOR ASSESSMENT ENGINEERING SERVICES.
WHEREAS, the City Council on July 1, 1986, determined it was in tt
public interest to require improvements in a special assessment district know
as Assessment District No. 86-1 (Palomar Airport Road West); and
WHEREAS, the City Council has previously approved a master agreement wit
the firm of Neste, Brudin & Stone for assessment engineering services;
NOW, THEREFORE, the City Council of the City of Carlsbad, Californiz
does ordain as follows:
1. That the sixth Supplemental Agreement to the Agreement fo
Asseessment Engineering Services between the City of Carlsbad and Neste
Brudin & Stone, a copy of which is attached as Exhibit A, and incorporate
herein by reference, is hereby approved.
2. That the Mayor of the City of Carlsbad is hereby authorized an
directed to execute said agreement for and on behalf of the City of Carlsbad.
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AYES:
NOES: None
Council Members Casler, Lewis, Chick and Pettine
ABSENT : Council Member Kulchin %+.fdL
I wit:
MARY H. C LER, Mayor ATTEST:
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6TH SUPPLEMENTAL AGREEMENT
TO AGREEMENT FOR
ASSESSMENT ENGINEERING SERVICES
(MASTER AGREEMENT)
(PALOMAR AIRPORT ROAD)
.' DATED MARCH 13, 1985
THIS 6TH SUPPLEMENTAL AGREEMENT to the above described agree-
ment as approved by the City Council of the City of Carlsbad
on March 19, 1986, hereinafter referred to as "Master Agree-
ment", is made and entered into as of the 6 +h day of
LiGuSl- , 1986, by and between CITY OF CARLSBAD,
a municipal corporation, hereinafter referred to as "City"
and NESTE, BRUDIN & STONE INCORPORATED, hereinafter referred
to as "Consultant".
RECITALS
City requires the services of an assessment engineering con-
sultant to assist in providing assessment engineering and pro-
cessing of an assessment district referred to as Assessment
District No. 86-1 (Palomar Airport Road).
The City Council has completed proceedings under the Debt
Limit Act of 1931 and wishes to proceed with the ultimate for-
mation of a district under the Municipal Improvement Act of
1913. The project is described as: Palomar Airport Road
from Paseo Del Norte to approximately 8,000 feet east and
more particularly described in the 1931 Act proceedings.
EXS i 5iT. ''A'P
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NOW, THEREFORE, City and Consultant mutually agree to supple-
ment the above referenced agreement as follows:
I. CONSULTANT'S OBLIGATION
The following paragraphs are intended to encompass all
duties and responsibilities of the "Engineer of Work" and the
nAsseSsment Engineer," as such terms are customarily used in
proceedings under the Municipal Improvement Act of 1913 and 4
the Improvement Bond Act of 1915. In addition, Consultant
shall be responsible for providing public information with
regard to this Assessment District for City.
A. Assessment Engineering
Consultant shall perform all work necessary to assist
the City Engineer in processing the Palomar Airport Road Assess-
ment District. The work shall include but not be limited to
the following as directed by the City Engineer:
1. Mapping - Prepare maps (boundary maps and assessment
diagrams) and related documents required under the Municipal
Improvement Act of 1913.
2. Engineer's Report - Prepare the Engineer's Report
required by said Act.
3. Property Listings - Prepare and keep current the
following lists for all properties:
A mailing list of the record owners of all par- cels within Assessment District including assess- ment number and the assessor's parcel number, legal description, mailing address of owner, value of land and improvements, and amount of assessment.
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An alphabetical list of the record owners of
all parcels within Assessment District.
4. Coordinate with design engineer, review construction
drawings relative to assessment proceedings, and review con-
struction cost and quantity estimates provided by design
engineer.
5. Printing and Mailing of Notices - In connection with
formal hearings to be held, arrange for printing and mailing
of notices prepared by the bond counsel.
for printing and mailing general information material to all
property owners in accordance with the legal time schedule.
Arrange for printing of hearing and posted notices and post-
ing as required by said Act. Remove posted notices promptly
after hearings.
Prepare and arrange
6. Testing of Assessment Criteria - Review all alterna-
tive criteria or methods of assessment for the individual par-
cels of land. Hold meetings with the City staff, affected
land owners, bond counsel, and financial consultant on a per-
iodic basis for review and testing of assessment criteria.
7. Bond Sale Information - Provide information neces-
sary for the bond counsel or financial consultant, including
but not limited to: information for bond opinion; information
to be included in a-n official statement to be issued by the
City to bond purchasers, including all information contained
in the Engineer's Report; and general information and data
regarding the Assessment District.
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8. Informal Meetings - Attend all informal meetings or
hearings held for the purpose of disseminating information to
the public.
assemble information for purposes of making a complete and
factual presentation.
information for public distribution.
Prior to such meetings or hearings, prepare and
Prepare sufficient copies of written
9. Formal Hearings - Attend all hearings held under
said Act, fully prepared to present all necessary testimony
and to respond to all public comments.
prepare a booklet for each member of the City Council and
each staff member consisting of a proposed agenda, Engineer's
Report, summary of construction bids, tabulation of final
assessment on each parcel of land, alphabetical list of owner-
ship and general information. Prior to conclusion of the
hearing, tabulate all protests and file a written summary
thereof with the City Clerk.
Prior to the hearing,
10. Filing Assessment Documents - After the final hear-
ing for the formation of the Assessment District, file the
assessment diagram, roll and notice of assessment with the
appropriate public officials, such as the City Clerk, Super-
intendent of Streets, County Recorder, County Surveyor, Treas-
urer or Paying Agenk, and other City and County officials.
11. Final Assessment Notices - Prepare final assessment
notices and arrange for mailing said notices to property owners,
as requested and confirmed by the City Council at the hearing.
12. Unpaid Assessment List and Bonds - After expiration
of the cash collection period, prepare a paid and unpaid list
of assessments.
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13. Treasurer's Report - Assist in the preparation of a
Treasurer's Report of unpaid assessments.
11. ADDITIONAL SERVICES
When authorized in writing by the City Engineer, Consul-
tant shall perform or obtain from consultants or subcontractors
approved by City,,additional services in connection with the
Project not otherwise provided for in this Agreement.
additional services shall be paid for by City as provided in
Section 5 of the Master Agreement.
Said
111. PERIOD OF SERVICE
Work shall begin within ten (10) calendar days after
receipt of notification to proceed by the City Engineer.
Work shall proceed in a diligent manner to conclusion accord-
ing to a schedule approved by the City Engineer.
of time may be granted by the City Engineer in accordance
with Section 3 of the Master Agreement.
Extensions
IV. FEES TO BE PAID TO CONSULTANT
City shall pay Consultant for services as hereinafter
set forth .
Schedule 1
A. City shall pay the Consultant for services described
under Part I-AI Assessment Engineering, a lump sum fee of
Twenty Thousand Dollars ($20,000).
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Upon the execution of this Agreement, any payments made
by or billed to Gity by Consultant on an hourly rate basis
pursuant to the Master Agreement for this Assessment District
shall be credited to and be considered as included in the lump
sum fee set forth above in this Section.
IN WITNESS WHEREOF, this Supplement to Agreement dated March 13,
1985, has been executed by the parties through their duly
authorized representatives as of the date first hereinabove
written .
NBS/LOWRY, INCORPORATED CITY OF CARL BAD
By: c / 4- O&A %< JL
Title: (4 /,.-
S TO FORM: ATTESTED :
l2.hkLd City Clerk
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