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Home My WebLink About1986-08-05; City Council; 8542-3; BATIQUITOS LAGOON EDUCATION PARK ASSESSMENT DISTRICT PETITION ACQUISITION WAIVER AGREEMENTS-t r I+ .rl 2 5 0 t-i r( V 5 w (d $4 0 w a a3 n m F-4 hl F-4 s 2 n u a0 0 u a .rl C g 0 rn g u a, GO 29 a0 E= a a. ;d< a, 5 u $4 a3 I m I 03 .. z 0 E a $ z 3 0 0 CITfiOF CARLSBAD - AGENDWILL 2 L AB# 85~2-*3 TITLE: DEF BATIQUITOS LAGOON EDUCATIONAL PARK MTG. 08/05/86 ASSESSMENT DISTRICT NO. 86-6 CIT CIT' DEPT. AD PETITION, ACQUISITION, AND WAIVER AGREEMENTS RECOMMENDED ACTION: Adopt Resolution No. 87.29 making findings on a Petition presentt certain property owners for the construction of certain public improven under the "Municipal Improvement Act of 1913" in a special Asses: District known and designated as Assessment District No. 86-6 (Batiqt Lagoon Educat-tonal Park) and approving an Acquisition/Financing Agret and an Assessrnent District Initiation and Waiver Agreement and author. the Mayor to execute same. ITEM EXPLANATION - The City Council, at their meeting on March 12, 1986, approved proce Council approved agreements with a team of consultants to assist sta with the formation of Assessment District 86-6 for construction of ce improvements in the Batiquitos Lagoon Educational Park. On April 1, processing the assessment district. A has been presented by the property owners representing 10 the ownership within the assessable area of the assessment district. total proposed assessable area is 162.70 acres, which excludes the cu right-of-way rof 6.15 acres for Carlsbad Boulevard. The railroad righ way has also been excluded from the assessable area of the district. In order for the owner/developer to proceed in a timely way wit development, hey desire to construct certain of the public improvemen this time and pursuant to the Acquisition/Financing Agreement have the acquire the improvements pursuant to the "Municipal Improvement A 1 91 3. It The owner/developer has divided the proposed development into two p and desires to proceed with construction of the first phase immedia The Acquisition/Financing Agreement will allow the owner/develop proceed now, with the second phase to follow in about three month? City advertising and award of contract and acquiring the completed Pt improvements. The property owners who have presented the petition have also execut Assessment District Initiation and Waiver Agreement for the Batic Lagoon Educational Park Assessment District. Under this agreement developer agrees that he has no vested right due to the assessment di: proceedings. petition FISCAL IMPACT There will be no cost to the City. All costs including City administr and processing charges will be paid by the Assessment District, (P *\ e e Page 2 of Agenda Bill No. 35-4293 -. FISCAL IMPACT (continued) developer has deposited $117,000.00 with the City to cover ini consultant and staff costs. EXHIBITS 1. Location Map. 2. Petition and Waiver for Special Assessment Proceedings. 3 Acquisition/Financing Agreement 4. Assessment District Initiation and Waiver Agreement 5. Resolution No. f'?xq making findings on a Petition presentc certain property owners for the construction of certain pi impr0vement.s under the "Municipal Improvement Act of 1913" in a spc Assessment District known and designated as Assessment District No. 6 (Baticluitos Lagoon Educational Park) and approving Acquisition/Financing Agreement and an Assessment District Initi and Waiver Agreement and authorizing the Mayor to execute same. . -. -0 I. ..I I e L * . c . TO: CITY COUNCIL CITY OF CARLSBAD PETITION AND WAIVER FOR SPECIAL ASSESSMENT PROCEEDINGS 1. We, the undersigned, are the property owners of land shown on the map att Exhibit "A" and made a part of this document. 2. We petition you to undertake special assessment proceedings for the f described public improvements: The acquisition and construction of certain street, sewer, water and improvements, together with appurtenances and appurtenant work, to sf benefit properties located within the boundaries of ASSESSMENT DISTRICT (BATIQUITOS LAGOON EDUCATIONAL CENTER). For particulars reference is Exhibit "B" attached hereto. 3. We understand: A. THAT the cost of the improvements will be charged to the land which from the improvements, including our land; B. THAT a report will be prepared on the project, including plans and sp tions, a detailed cost estimate, and a division of the costs ar benefited parcels of land, and that you will conduct a public hearin report; C. THAT the cost of engineering, legal and other incidental expenses included in the project cost; D. THAT each property owner may pay his assessment either in cash interest or in installments with interest over a period of years. 4. We consent to other appurtenant work and acquisition that is, in the op the legislative body, necessary to properly effectuate said improvements hereby expressly waive the proceedings required and all limitations u "Special Assessment Investigation, Limitation and Majority Protest Act o being Division 4 of the Streets and Highways Code of the State of Califor 5. We agree to dedicate all required rights-of-way or easements necessary works of improvement, all dedications to be accomplished before the ord the improvements. We further agree to make periodic deposits with the City to guarantee the of all fees to consultants, and it is ?dr"Lher acknow!edged that there wEli obligation on the City for the payment of any consulting services unless a successful confirmation of assessment and sale of bonds. 6. 1 L -- . * e THE UNDERSIGNED HEREBY CERTIFY UNDER PENALTY OF PERJURY THAT THEY ARE THE OWNERS OF RECORD OF THE PROPERTY AS SET FORTH HEREIN. NAME OF PROPERTY ATACHED DATE OF OWNER AND STREET LEGAL DESCRIPTION OR SIGNLNG ADDRESS - COUNTY TAX PARCEL NO. ,SIGNATqRE L SAMTlIS ~rnPEWIFS LOT 2,3,4, PARCEL 1 * smnp.IIs CHIrnrn'S TRUST LOT 2,3,4, PARCFZ 1 BATIQUITOS POINTE PARCEL 2 . r * SEPBLUFF AssccmTEs IDT 1, PA!?.CEL 1 b It is hereby further stated that the property within i District at this time is subject to existing mortgagds,hr deeds of trust. THE UNDERSIGNED hereby state, as mortgagees or beneficiaries under any existi of trust, that they acknowledge and join in signature in the Petition for the referenced Assessment District. For further particulars as to any mortgagees beneficiaries under any deeds of trust, reference is made to the title report of which is attached hereto. a * " DATE OF SIGNING NAME- OF LENDER SIGNATURE (1 June 3, 1986 UNION BANK c 1 June 3, 1986 % 6/2/86 FIRST INTERSTATE BAPVTK 5l LL d(Jh t!2.cs s. Frank M. Bonder Assistant Vice Pres 6/2/86 Assistant Vice Pres S 1- R 1 w 6 the within instrument as the Vice X President, and Alexa M. Pallas L J &--* to be the person who executed u < c personally known to me OF- ho executed the within instrument as the Secretary of the Corporation that executed the within instrument and acknowledged to me that such corporation executed the within instru- ment pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. Signature --the ba&s-of-sax&ctary evidence to be vi',' P%:seos"i'ent i OFFICIAL SEAL (This area for official notarial seal) personall known to me PJh#d+fi/56/$+ b?/lt+ PM E the within instrum nt as the Assistant v1 ce W -1 I President, and 5ylvia : /RkaY+/+/$$ PfihtWWWf --I{ personally known to me t e p rson ho exe uted the wit in instrument as he ASS!. flee FreslJent +{+,tt$f of the Corporation that executed the within instrument and acknowledged to me that such corporation executed the within instru- ment pursuant to its by-laws or a resolution of its board of directors. i r -&%*A7 (This area for official notarial Seal) .- b e STATE OF CALIFORNIA 1 COUNTY OF ORANGE 1 ON A - , BEFORE ME THE UNDERSIGNED A NOTA5 1 ss PUBLIC' IN FOR SAID COUNTY AND STATE, PERSONALLY APPEARED ME OF SATISFACTORY EVIDENCE) TO BE THE PERSON WHO EXECUTED THE WI'I INSTRUMENT AS THE GENERAL PARTNER OF B-L 130, LTD. A CALIFORNIP LIMITED PARTNERSHIP, THE LIMITED PARTNERSHIP THAT EXECUTED THE INSTRUMENT AS GENERAL PARTNER OF SEABLUFF ASSOCIATES, THE LIMI'I PARTNERSHIP THAT EXECUTED THE WITHIN INSTRUMENT, AND ACKNOWLEDG ME THAT SUCH PARTNER AND SUCH PARTNERSHIP EXECUTED THE SAME AS PARTNERS. L. xIRKPAT%!K, (PERSONALLY mom TO ME) (PROVED TO ME ON THE E 8 1 WITNESS MY HAND AND OFFICIAL SEAL. (SEAL) " v STATE OF CALIFORNIA } 1 ss COUNTY OF ORANGE 1 f - , BEFORE ME, THE UNDERSIGNED A NOTARY P AID &UNTY AND STATE, PERSONALLY APPEARED JACK H. RSONALLY KNOWN TO ME) (PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSON WHO EXECUTED THE WITHIN INSTRUMENT AS PRESIDENT OF CASA LAGUNA CORPORATION, A NEW YORK CORPORATION, THE CORPORATION THEREIN NAMED AND ACKNOWLEDGED TO THAT SAID CORPORATION EXECUTED THE WITHIN INSTRUMENT PURSUANT T BYLAWS OR A RESOLUTION OF ITS BOARD OF DIRECTORS, SAID CORPORAT BEING KNOWN TO ME TO BE THE GENERAL PARTNER OF CARLSBAD 130, LT CALIFORNIA LIMITED PARTNERSHIP THAT EXECUTED THE WITHIN INSTRUM GENERAL PARTNER OF SEABLUFF ASSOCIATES, THE LIMITED PARTNERSHIP EXECUTED THE WITHIN INSTRUMENT, AND ACKNOWLEDGED TO ME THAT SUC CORPORATION EXECUTED THE SAME AS SUCH PARTNER AND SUCH PARTNERS EXECUTED THE SAME AS SUCH PARTNERS. WITNESS MY HAND AND OFFICIAL SEAL. ( SEAL) a ..' 5. *- e - .- . -. The land referred to herein is situated in the State of California, County San Diego, and is described as follows: PARCEL 1: Lots 1 through 4 inclusive of Parcel Map No. 13653, in the City of Carlsb; County of San Diego, State of California, filed in the Office of the Cow Recorder of San Diego County, January 31, 1985 as File No. 85-033316 Official Records. PARCEL 2: Lots 1 through 3 inclusive of Carlsbad Tract 82-18 (Botiquitos Pointe) in t City of Carlsbad, County of San Diego, State of California, according to M thereof No. 11290 filed in the Office of the County Recorder of San Die County on July 16, 1985. I.. ASSESSMENT DISTRICT 86-60 CITY OF CARLSBAD * .. .. THE FOLLOWING IMPROVEMENTS WILL BE INCLUDED INTO PHASE I OF ' BATIQUITOS LAGOON ASSESSMENT DISTRICT NO. REACH "A" 1. SIGNALIZATION OF THE INTERSECTION OF AVENIDA ENCINAS ANI 86-6: POINSETTIA LANE. 2. WIDENING OF EXISTING AVENIDA ENCINAS, A SECONDARY ARTER FROM ITS EXISTING SOUTHERLY TERMINUS TO APPROXIMATELY 9 FEET NORTHERLY. 3. APPROXIMATELY 400 FEET OF AVENIDA ENCINAS, A SECONDARY ARTERIAL, FROM WINDROSE CIRCLE TO THE EXISTING SOUTHERL' TERMINUS OF AVENIDA ENCINAS. 4. EARTHWORK AND GIiADING INCIDENTAL AND NECESSARY TO CONSTl THE ABOVE LISTED STREET IMPROVEMENTS. 5. CONSTRUCT WATER MAINS, SEWER MAINS, STORM DRAINS AND APPURTENANCES WITHIN THE ABOVE LISTED STREET. 6. CONSTRUCT GAS, ELECTRIC AND TELEPHONE LINES WITHIN THE A LISTED STREET IMPROVEMENTS. REACH "B" 1. SIGNALIZATION AT AVENIDA ENCINAS AND WINDROSE CIRCLE. 2. WINDROSE CIRCLE, A SECONDARY ARTERIAL,, SOUTH ROUTE, APPROXMATELY 2,300 FEET. EARTHWORK AND GRADING INCIDENTAL AND NECESSARY TO CONSTI THE ABOVE LISTED STREET IMPROVEMENTS. 3. 4. CONSTRUCT WATER MAINS, SEWER MAINS, STORM DRAINS AND APPURTENANCES WITHIN THE ABOVE LISTED STREET. 5. CONSTRUCT GAS, ELECTRIC AND TELEPHONE LINES WITHIN THE i LISTED STREET IMPROVEMENTS. EXHIBIT "B" L .L 0 ASSESSMENT DISTRICT 86-60 CITY OF CARLSBAD ' THE FOLLOWING IMPROVEMENTS WILL BE INCLUDED INTO PHASE I1 OF BATIQUITOS LAGOON ASSESSMENT DISTRICT NO. 86-6: REACH "A" 1. WINDROSE CIRCLE, A SECONDARY ARTERIAL, NORTH ROUTE, APPROXIMATELY 2,300 FEET. 2. SIGNALIZATION OF THE INTERSECTION OF WINDROSE CIRCLE AN AVENIDA BATIQUITOS. 3. CONSTRUCT WATER MAINS, SEWER MAINS, STORM DRAINS AND APPURTENANCES WITHIN THE ABOVE LISTED STREET. EARTHWORK AND GRADING INCIDENTAL AND NECESSARY TO CONST THE ABOVE LISTED STREET IMPROVEMENTS. 4. 5. CONSTRUCT GAS, ELECTRIC AND TELEPHONE LINES WITHIN THE LISTED STREET IMPROVEMENTS. REACH "B" 1. AVENIDA BATIQUITOS, A SECONDARY ARTERIAL, FROM WINDROSE CIRCLE TO THE A.T. & S.F. RAILWAY BRIDGE AND THENCE TO CARLSBAD BOULEVARD, APPROXIMATELY 1,100 FEET. 2. THE AVENIDA BATIQUITOS BRIDGE OVER THE EXISTING A.T. & RAILWAY RIGHT-OF-WAY. SIGNALIZATION OF THE INTERSECTION OF AVENIDA BATIQUITOS PONTO DRIVE. 3. 4. CONSTRUCT WATER MAINS, SEWER MAINS, STORM DMINS AND APPURTENANCES WITHIN THE ABOVE LISTED STREET. 5. EARTHWORK AND GRADING INCIDENTAL AND NECESSARY TO CONST THE ABOVE LISTED STREET IMPROVEMENTS. 6. CONSTRUCT GAS, ELECTRIC AND TELEPHONE LINES WITHIN THE LISTED STREET IMPROVEMENTS. .. 0 ASSESSMENT DISTRICT 86-60 CITY OF CARLSBAD ' ? REACH "C" 1. A SIGNALIZED AT-GRADE INTERSECTION AT CARLSBAD BOULEVAR AVENIDA BATIQUITOS. 2. THE RELOCATION OF CARLSBAD BOULEVARD FROM THE EXISTING BRIDGE ON THE BATIQUITOS LAGOON TO A POINT APPROXIMATEL 1000 FEET NORTH OF THE EXISTING PONTO INTERSECTION. 3. THE CONSTRUCTION OF A PUBLIC DAY-USE BEACH PARKING LOT OF THE CARLSBAD BOULEVARD RELOCATION. 4. CONSTRUCT WATER MAINS, SEWER MAINS, STORM DRAINS AND APPURTENANCES WITHIN THE ABOVE LISTED STREET. 5. EARTHWORK AND GRADING INCIDENTAL AND NECESSARY TO CONSTl THE ABOVE LISTED STREET IMPROVEMENTS. 6. CONSTRUCT GAS, ELECTRIC AND TELEPHONE LINES WITHIN THE, LISTED STREET IMPROVEMENTS. I. (6 4 FILED IN THE OFF ICE OF THE CITY CLERK THIS ,IJ 7- DAY OF A. -Li c vs-7- 1986. Said Petition represents , 100 - % of the assessable area, as shown on attached map. dz.&.Bi A. ita CITY OF CARLSBAD STATE OF CALIFORNIA .) 0 0 r +. >. ACQU IS,JTI ON/F I NANC I NG AGREEMENT * THIS AGREEMENT is made and enteyed into this p &?:h day of 1986, by and between the CITY OF CARLSBAD, a u IC gency of t e (hereinafter referred to as "City") and SAMMIS PROPERTIES, (hereinafter ref1 as "Property Owner"), and this Agreement and improvements shall be subject local laws and ordinances relating to the requirement of improvement agreemen division, improvement security or other development requirements. WHEREAS, the City is considering the formation of a special assessment distri the terms and conditions of the "Municipal Improvement Act of 1913", being 12 of the Streets and Highways Code of the State of California, for the cons of certain public improvements, together with appurtenances and appurteni within the jurisdictional limits of said City, said special assessment distri and designated as ASSESSMENT DISTRICT NO. 86-6 (BATIQUITOS LAGOON EDUCATIONAL PARK) (hereinafter referred to as the "Assessment District"); and WHEREAS, Section 66462 of the Government Code of the State of California ('I sion Map Act") expressly authorizes financing and completion of pub1 ic impr under an appropriate special assessment act, and Section 10102 of the Strl Highways Code ("Municipal Improvement Act of 1913"), expressly authori acquisition of any improvements authorized to be constructed under said law; WHEREAS, Property Owner, in order to proceed in a timely way with its deve desires to construct and has constructed certain public works of improveme are to be included with the works of improvement of Assessment District, narr improvements as set forth and described in attached, referenced and inca Exhibit "AI1; and, WHEREAS, the City and Property Owner are in agreement that said works of imF within the Assessment District shall be included within the Assessment Dis prices determined by said City to be reasonable; and, WHEREAS, the proceedings shall also include the costs of appropriate ir expenses, including, but not limited to engineering, including the prepar plans, specifications, and a1 1 bidding and appurtenant documentation; and, WHEREAS, Property Owner agrees to keep records and to allow the City to rev records for all bids and contracts previously let for any of the facilities, facilities not yet under construction shall be bid under a procedure that s allows competitive public or its equivalent bidding, and the City shall right to inspect all works of improvement; and, WHEREAS, it is the intent of this Agreement to provide that Property Owne upon a successful confirmation of assessment and sale of bonds for thc referenced Assessment District, be paid for the works of improvement, w' integral and a part of the above-referenced Assessment District, at the p determined by the City and Property Owner; and, b %B 0 0 *. - WHEREAS, Property Owner shall be the owner of and retain title to all of thc improvement constructed pursuant to this Agreement until such time as the Ci, pursuant to the provisions of the "Municipal Improvement Act of 1913", sha' such works of improvement. Upon such transfer, such improvements sha publicly-owned improvements of the City; and, WHEREAS, the City has no objection to purchasing the improvements from saic Owner, and Property Owner is desirous that the City purchase said facilitic the this time said improvements are owned by Property Owner; and, WHEREAS, Property Owner hereby further agrees to indemnify and hold harmles! on any challenge involving the validity or enforceability of this Agre Property Owner further agrees to defend or provide the monies in advancl defense as it relates to a challenge to this Agreement; and, WHEREAS, City may, at its option, at any time terminate this Agreement if challenge is filed relating to the validity or enforceability of this Agrc these assessment proceedings. NOW, THEREFORE, IT IS MUTUALLY AGREED between the respective parties as follol SECTION 1. That the above recitals are all true and correct. SECTION 2. The City has no financial obligation to construct the improvement expense for the works of improvement, including all incidental: shall be borne by owners of property within the Assessment Distri( SECTION 3. That said City does intend to proceed with the adoption of a Res Intention and the formation of a special Assessment District improvements above dlescr i bed. SECTION 4. That the City agrees to acquire and finance through the use ( assessment proceedings, and Property Owner agrees to convey a1 1 improvements to the City, those improvements being all as set foi previously referenceld Exhi bit "A". Property Owner agrees to pos' City the required bonds to guarantee the performance of the payment of all labor and materials, said bonds to be in the i determined by the City. SECTION 5. The estimated quantities set forth in Exhibit "B" attached here renced and so incorporated, shall be revised to reflect tl quantities of works of improvement actually constructed at determined by the City. The actual prices to be paid for said improvements are prices thai believes to be reasonable. The estimated prices are set forth i IIB" attached hereto, referenced and so incorporated. The estimal set forth in Exhibit IIB" shall be revised to actual reasonable pr and so documented, by the Property Owner as finally determined by Final prices shall be based upon unit prices and quantities as i by the City to be reasonable, and no other costs and expenses allowed unless expressly authorized by the legislative body of thi SECTION 6. I a 0 *. - SECTION 7. The costs of acquisition shall also include the necessary eng and re1 ated incidental expenses, including, but not limited preparation of plans, specifications, bidding and all related do tion. Said final c:osts and expenses to be determined upon the tion of the works of improvement and certified by the City. SECTION 8. The cost for said works of improvement shall be spread in ac with the benefits received, as determined by the Assessment Engi the Assessment District. SECTION 9. Upon execution of this Agreement and completion of the facilit City shall have the right to use said'facilities as determined n and integral for the works of improvement within the re Assessment District. SECTION 10. The acquisition monies, upon the sale of bonds, shall be dis pursuant to specific written instructions executed by all person an interest in the property, as disclosed by a current title "Interested parties" shall consist of property owners as showr last equalized assessment roll for property taxes, as well as ai ficiaries under any existing deeds of trust. No cash distributi be made until all parties have executed the appropriate instructions. SECTION 11. This Agreement is contingent upon the confirmation of assessr successful sale of bonds, and it shall be null and void if sa are not sold within a two (2) year period following the date Agreement. SECTION 12. Property Owner hereby agrees to provide notice to any new purch, lots and the City shall be supplied at that time with an instruc documentation so advising the new owner of the fact of the proposed Assessment District, with said document being executed new owner. SECTION 13. This Agreement is binding upon heirs, assigns and succes' SECTION 14. This Agreement, by its execution, amends and supercedes any tc conditions that may be inconsistent in any previous agreement, i any subdivision improvement agreement, re1 ating to the consti installation or financing of said improvements. SECTION 15. The prevailing party in any litigation relating to, interprc enforcing this Agreement, shall be entitled to reasonable at1 fees as determined by the Court. interest . L 0 0 * CITY OF CARLSBAD ASSESSME~TT DISTEICT 50. s6-6 (BATIQUITOS LAGOOYG EDUCATIOFYAL CExTyR) EXHISIT "A" THE FOLLOWING IMPROVEMENTS WILL BE INCLUDED INTO PHASE I OF BATIQUITOS LAGOON ASSESSMENT DISTRICT NO. 86-6: REACH "A" 1. SIGNALIZATION OF 'I'HE INTERSECTION OF AVENIDA ENCINAS A POINSETTIA LANE. 2. WIDENING OF EXISTING AVENIDA ENCINAS, A SECONDARY ARTE FROM ITS EXISTING SOUTHERLY TERMINUS TO APPROXIMATELY FEET NORTHERLY. APPROXIMATELY 400 FEET OF AVENIDA ENCINAS, A SECONDARY ARTERIAL, FROM WINDROSE CIRCLE TO THE EXISTING SOUTHER1 TERMINUS OF AVENIDA ENCINAS. EARTHWORK AND GRADING INCIDENTAL AND NECESSARY TO CONS THE ABOVE LISTED STREET IMPROVEMENTS. CONSTRUCT WATER MAINS, SEWER MAINS, STORM DRAINS AND APPURTENANCES WITHIN THE ABOVE LISTED STREET. CONSTRUCT GAS, ELECTRIC AND TELEPHONE LINES WITHIN THE LISTED STREET IMPROVEMENTS. 3. 4. 5. 6. REACH "B" 1. 2. SIGNALIZATION AT AVENIDA ENCINAS AND WINDROSE CIRCLE. WINDROSE CIRCLE, A SECONDARY ARTERIAL, SOUTH ROUTE, APPROXMATELY 2,300 FEET. EARTHWORK AND GRADING INCIDENTAL AND NECESSARY TO CONST THE ABOVE LISTED STREET IMPROVEMENTS. CONSTRUCT WATER MAINS, SEWER MAINS, APPURTENANCES WITHIN THE ABOVE LISTED STREET. CONSTRUCT GAS, ELECTRIC AND TELEPHONE LINES WITHIN THE 1 LISTED STREET IMPROVEMENTS. 3. 4. STORM DRAINS AND 5. &. 0 EXHIBIT B ASSESSMENT DISTRICT 86-6 CITY OF CARLSBAD -u r,-. PAC As- DISlXICT COST ESTIWWE 84- B.L.E.P. PEASE I 4-2 Rmca .A" REACE "B" AEs(BZpTI0N UNIT UNIT COST -= - QuAWrrm - Quj SllBeET II(pB0MIWTs A.C. PAVEMZNT S.F. $ 1.20 48,087 $ 57,704 $184,618 201,! 153,848 TYPE "G" CURB L.F. 5.00 1,859 9,295 3,919 19,595 c P.C.C. SIDEWALK S.F. 1.70 9,300 15,810 19,730 33,541 25 A.C. OVERLAY S.F. 0.60 230 138 - P .C .C. CROSSGUTTER S.F. 1.85 1,970 3,645 PVMT. C.O. WALL EA. 500.00 - 2 1,000 P.C.C. PED RAMP EA. 200.00 1 200 14 2,800 RDW HEADER L.F. 3.00 284 852 GUARD POST EA. 330.00 6 1,980 30 9,900 CRIBWALL S.F. 10.00 12,200 122,000 125 ST. SURVEY MON. EA. 200.00 5 1,000 4 800 ST. LIGHTS (16,OOOL.) EA. 1.900.00 8 15,200 15 28,500 ST. NAME SIGN EA. 100.00 1 10 0 4 40 0 STOP SIGN EA. 100.00 1 100 - REMOVE A.C. BERM L.F. 2.00 430 86 0 - - REMOVE P.C.C. CURB L.F. 4.70 590 2,773 - REMOVE A.C. PVMT. S.F. 3.00 800 2,400 - - REMOVE P.C.C. S.W. S.F. 1.70 150 255 - REMOVE P.C.C. X-GUT S.F. 1.85 600 1,110 - EARTHWORK C.Y. 1.00 48,600 48,600 32,100 32,100 8C MEDIAN LANDSCAPING S.F. 0.80 1,580 1,264 8,910 7,128 1t PARKWAY LANDSCAPING S.F. 0.80 10,530 8,424 17,636 14,109 2€ EROSION CONTROL S.F. 0.40 10,450 4,180 31,160 12,464 41 TYPE "B-2" CURB L.F. 5.00 685 3,425 3,675 18,375 1 - - - - $296.818 $369,827 WATEB~oVEmNTs - - 8" A.C.P. L.F. 18.00 13 2 34 10" A. C . P . L.F. 22.00 1,121 . 24,662 1,237 27,214 2 16" A.C.P. L.F. 35.00 1,212 42,420 1 8" G.V. EA. 600.00 - - 8 4,800 10" G.V. EA. 900.00 - 4 3,600 16'' B . F .V. EA. 2,500.00 - - 3 7,500 2" B.O. ASSEMBLY EA. 610.00 - 1 610 F.H. (3 WAY) EA. 2,000.00 7 14,000 4" B.O. ASSEMBLY EA. 1,500 .OO - 1 1,500 1" M.A.R. EA. 450.00 - 5 2,250 1" A. V .A. EA. 1,150.00 1 1,150 2 2,300 - .l" B .O . ASSEMBLY EA. 550.00 1 550 SuBTOTALs s 25.012 $106.978 EXHIBIT B @ASSESSMENT DISTRICT 86-6 CITY OF CARLSBAD PAGE - DISIXICT COST ESTlWUZ 84- I B.L.E.P. PH3EE I 4-1; r: -I* BEA(B wA" REXH "B" DEscaLTpTIoW UNIT UNITCXET QUANTITY CCST -= - QuAl sEwEBnag("Ts a" v . c . P . L.F. $ 17.00 1,215 $ 20,655 1,21 10" V.C.P. L.F. 19.00 720 13,680 7: 12" V.C.P. L.F. 22.00 660 14,520 6f ACCESS HOLE EA. 1.800.00 - - 11 19,800 CONCRETE ENCASEMENT L.F. 30.00 545 16,350 5' - - soBnnms - $ 85.005 DIBAIwAG1? IHPRoVEmNTs - 72" R.C.P. L.F. $ 200.00 $- 98 $ 19,600 s 18" R .C.P. L.F. 38.00 - - 1,554 59,052 1.55 CLEANOUT, A-7 EA. 2,800.00 - 1 2,800 CLEANOUT, A-4 EA. 2,000.00 - 7 14,000 INLET, TYPE "B" EA. 2,000.00 - 8 16,000 CATCH BASIN, TYPE "F" EA. 2,000.00 1 2,000 1 2,000 - - 30" R . C .P . L.F. 80.00 41 0 32,800 41 - RIP RAP (D-40.1) C.Y. 135.00 5 675 CURTAIN WALL EA. 400.00 1 400 P.C.C. BROW DICH L.F. 8.00 290 2,320 1,000 8,000 1,29 - - soBnnms $ 4,320 $155.327 mAFFIC SIGNALS L.S. $80.000 -00 1 8 80.000 1 $ 80.000 UTILITIES: GAS, ELEC.. - L.P * 40.00 1,286 8 51,440 2.269 $ 90.760 3.55 suBTomL cxmsrRUcTIoN $458.390 $887.897 amslaucrron CoIyTLNaWcr 10% . $ 45.839 $ 88.790 TDTAL CONSIILucIcIoN CCST $504.229 $976.687 m 0 EXECUTED by and between the parties hereto on the day and year first her written. r: --- CITY OF CARLSBAD " C ITY 'I L!L-L-w -. ATlEST: STATE OF CALIFORNIA m Ir dL@J%k+ CITY OF CARLSBAD STATE OF CALIFORNIA SAMMIS PROPERTIES . e 0 8 .. .f ASSESSMENT DISTRICT INITIATION AND WAIVER AGREEMENT .- i THIS AGREEMENT, entered into this I5"day of LC G .usr , 1986, between the CITY OF CARLSBAD, mIA, a rnu$cipal corporation (here referred to as "City") and SAMMIS PROPERTIES, (hereinafter referred to as "P Owner"). WHEREAS, Property Owner is expressly petitioning and requesting that City i special assessment proceedings pursuant to the provisions of the "Municipal 11 ment Act of 1913" (Division 12 of the Streets and Highways Code of the St California) to form a special assessment district for the purpose of financ- constructing certain public improvements that will be of a benefit to the p owned by Property Owner, said special assessment district to be known and des ' as ASSESSMENT DISTRICT NO. 86-6 (BATIQUITOS LAGOON EDUCATIONAL PARK) ("ASS District"); and, WHEREAS, City is willing to acquiesce and to undertake proceedings to foi special Assessment District pursuant to the request of Property Owner, and further acknowledged by both City and Property Owner that City has not prom initiated the special assessment proceedings and it is further acknowledgl Property Owner has not been required by City to utilize said special ass district financing and that alternate forms of financing the public facilit available to Property Owner; and, WHEREAS, it is further acknowledged by both City and Property Owner that cer the costs and expenses for the special assessment proceedings will be assessed benefiting properties owned by Property Owner; and, . WHEREAS, it is further acknowledged by both City and Property Owner that by i ! ing the proceedings for this Assessment District that the Property Owner dl have any present and/or future vestings to land use or change of land use, a the Assessment District proceedings, subsequent confirmation of assessme resulting liens do not in any way guarantee any rights to develop said proper Property Owner is a volunteer to the initiation of said proceedings; and, WHEREAS, it is further acknowledged that City is developing at this time a Management and Public Faci? ities Management System, which program may re' significant changes in existing land use and densities; and, WHERES, it is also acknowledged that an initiative petition is being circulatt considered by the voters in November, and if adopted, said initiative would 1 residential units to be constructed within the City to 1,000 residential ( units in 1987, 750 residential dwelling units in 1988, and 500 residential ( units each year thereafter through 1996; and WHEREAS, the property owned by Property Owner (the "Property") and i ncl udec the boundaries of this Assessment District is that property as set fo described in the attached, referenced and incorporated Exhibit ''A". NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: SECTION 1. The above recitals are all true and correct. €4 ** e 0 'i' i b SECTION 2. Property Owner acknowlledges that City is developing a Growth Manag <- Public Facilities Management System, which may result in si changes in exising land uses and could reduce densities, and it i acknowledged that all residential property within the Propert, subject to any successful initiative land development requirements SECTION 3. Property Owner acknowledges that through Property Owner's re( initiation of proceedings and City's acquiescence to the proceedi Property Owner does not gain or develop any vested rights tt development, land use or zone change to the Property. Property Owner hereby waives any right, entitlement or claim whicf Owner has or may have resulting from any public infra-structure i constructed utilizing assessment district financing. SECTION 4. SECTION 5. Neither the establishment of an assessment district, the levy o ments, the issuance of bonds, the payment of assessments, nor a nation thereof, shall create in the Property Owner any vested entitlement to develop the Project either in accordance with the 1 and use of the Property or any other particular level , type or of land use. SECTION 6. Property Owner hereby waives any cause of action and agrees to from bringing suit against the City, its officers and/or employee: to enforce any right, entitlement or claim or seeking montary d any other form of equitable or other relief whatsoever, relatc formation of the Assessment District. SECTION 7. This Agreement may not be amended except by written instrument el the parties hereto. SECTION 8. The terms and provisions of this Agreement shall be binding inure to the successors, assigns and beneficiaries of the parties SECTION 9. Upon execution of this Agreement by the parties hereto, the C cause this Agreement to be recorded in the Office of the County RI the County of San Diego. SECTION 10. In the event that any legal proceedings are instituted by th enforce any term or provision of this Agreement, the City shall b to recover its attorney's fees and costs from the Property Owner. 6R 4 I. 0 F e * * IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto on and year first written above. CITY OF CARLSBAD 'I C I TY" By: ATTEST : , i.." , I ,/ /-' SAMMIS PROPERTIES By: f , -. 0 'e .. 8 .. ** v. ,,e s .* - IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto or and year first written above. CITY OF CARLSBAD I' C I TY I' By: ATTEST : APPROVED AS TO FORM: i SEABLUFF ASSOCIATES "PROPERTY OWNER" By : By: I Y .. \. i @ 3 I- . ** w-, 3 **r- A - IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto o and year first written above. CITY OF CARLSBAD " C ITY" By: ATTEST: APPROVED AS TO FORM: > D-PEN'S T3U: . LEE SX'E'4IS, TRUSTEE By: 7, P e IC 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 a 8729 --- RESOLUTION NO. RESOLUTION OF TtlE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, MAKING FINOIiVGS ON PETITION AND APPROVING AGREEMENTS WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, CAI has been presented b.y certain property owners an executed I requesting the construction of certain public irnprol together with appurtenances and appurtenant work in COI therewith, said improvements to be constructed pursuant terms and provisions of the "Municipal Improvement Act of bzing Division 12 3f the Streets and Highways Code of the : California, in d special assessment district known and del as ASSESSMENT DISTRICT NU. 86-6 (BATIQUITOS LAGOON EDUCATIONAL PARK) (herzinafter referred to as the "Assessment District"), dnc WHEREAS, it has been reported that said Petition contc signatures of more than sixty percent (60%) of the propertj of the assessable area of the property to be subject to ass and certain lenders of record for the proposed works of i ment. Said Petition meets the requirements of Sections 2 2804.2 of Division 4 of the Streets and Highways Code of th of California; and, WHEREAS, there has also been submitted an ACQUISITION/ ING AGREEMENT, as it relates to the proposed financing of of the works of improvement within the Assessment Distr well as an ASSESSMENT DISTRICT INITIATION AND WAIVER AGR where the property owner dcknowledges the initiation special assessment district proceedings process. 8. r z b 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 iJ) 0 NOW, THEREFORE, iT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. That the above recitals are all true and SECTION 2. That it is h?reby found that said Peti ber?n signed by owners owning land constituting more thc percent (60%) of a1 I assessable land within the boundarie proposed Assessment District. SECTION 3. Thclt it is hereby further determined ai that said Petition has been signed by not only the owners, as specified in Section 2804 of tne Streets and Code, but also any mortgagee or beneficiary under such mortgage or deed of trust. as required by Section 2804.; Str?ets and Highways Code of the State of California. SECTION 4. That said Petition meets the r3quiren Section 2804 of Division 4 of the Streets and Highways Cod State of California, and further proceedings and limitatio the provisions of the "Special Assessment Investigation, tion and Majority Protest Act of 1931" shall not be appli these proceedings. SECTION 5. That said Petition shall be filed H transcript of these proceedings and shall remain open t inspect ion. SECTION 6. This legislative body hereby further f determines, based on written evidence submitted, that t estimated amount of the proposed assessments will noi seventy-five percent. (75%) of the estimated fair market the land proposed to be assessed after the propose( improvements shall have been constructed. ft L e' 'L 1 2 3 4 5 6 7 0 4B SECTION 7. Neither adoption of this resolution nor of the agreements described in Section 8 shall predetermin otherwise commit the City to any proposed land exchange or property transaction or any terms or conditions of any SUC exchange or other transaction. Additionally, City does no commit to authorize any public improvements identified in Exhibit B to the Petition, or financing thereof which impr 8 9 10 11 12 13 ~ ments require any proposed land exchange or any other prop transaction. SECTION 8. That the City Council does hereby approvt following Agreements and authorize execution thereof by thi Mayor and City Clerk: A. ACQUISITION/FINANCING AGREEMEN': B. ASSESSMENT DISTRICT INITIATION WAIVER AGREEMENT 14 I 15 16 17 18 PASSED, APPROVED and ADOPTED at a regular meeting of City Council held on the 12th day of August by the following vote, to wit: 9 AYES: Council Members Casler, Kulchin and Chick 19 20 21 22 23 25 24 26 27 28 NOES: Council Members Lewis and Pettine ABSENT: None I! I ?fL d. e-& MARY H. CPSLER, Mayor ATTEST : '1 AL,&i?!?€iAdEN*fk (SEAL) *? ’ . ‘2 +-