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HomeMy WebLinkAbout1987-07-07; City Council; 9043-2; FOOTE - GROWTH MANAGEMENT ZONE 2 AGREEMENTrll 2d g a a g L4 0 w a G .d $ '2 2 0 L) m h a u u cd E a, c w h co I h I h .. z 0 - G a a -I z 3 0 0 CltOF CARLSBAD - AGENWBILL i' AB# %?kbg*z TITLE: FOOTE - GROWTH MANAGEMENT DEPl MTG. 7/7/87 ZONE 2 AGREEMENT CITY DEPT. PLN CITY RECOMMENDED ACTION: ADOPT Resolution No. q/## , authorizing an agreement wit Foote Development Co. to make public facility improvements as required by the Local Facilities Management Plan for Zone 2. ITEM EXPLANATION On 3une 16, 1987 the City Council directed staff to negotiate ageement with Foote Development Co. to implement the public Facilities Management Plan for Zone 2. Staff has met several times and negotiated an agreement which will ensure compliance with all of the Growth Management performance standards as development occurs. The agreement establishes the timing and financing for each of the public facilities identified. It also would require development to if future events caused non-compliance with any of the adopte performance standards. The implementation of this agreement creates a guaranteed met for providing the necessary public facilities for development Zone 2. FISCAL IMPACT The City will be expending $29,427 as its share of the El Cam ReallKelly Sewer Interceptor improvements. The Foote Develop Co. will be providing $312,500 in funds for these public f ac i 1 it ies . EXHIBITS 1. Resolution No. y/& 2. Foote Development Co. Agreement facility improvements as established by the adoption of the L c a %F?t- klrttl i4L ci-j’f Cf.FWtC.’S c?:;c2 JULY 10, 1987 fy JP, t 3 fif-; 10: k.5 CITY OF C,+’i!7L.S!?,‘>9 AGREEMENT FOR PROVISION OF PUBLIC FACILITIES AFFECTING THE ISSUANCE AND USE OF BUILDING PERMITS, Amendments to the Agreement between the City and the Foote Development Company. Underlining denotes new text added to the Agreement; and All deleted text is shown with an * and typed in the lefthand margin. 4. 1 RESOLUTION NO. 9144 3 2I 4, 5 6 A RESOLUTIClM OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPFOVING AN AGREEPENT BETWEEN THE CITY OF CARLSRAD AND THE FOOTE DEVELOPMENT COMPANY FOR PROVISION OF PUBLIC FACILITIES AFFECTING ISSUAETCE AND USE OF BUILDING PERMITS. The City Council of the City of Carlsbad, Califor does hereby resolve as follows: 71 :’ 10 11 12 ’ 0 U m aD 13 58 ez 8 1. That certain aqreement between the City of Ca and the Foote Development Company for provision of public facilities affectinq issuance and use of buildinq permits, Exhibit 4 and made a part hereof, is herebv approved. 2. That the Mayor of the City of Carlsbad is her authorized and directed to execute said agreement for and g-LL=. *wa 141 Z:%E QCUk “Gz$ 15 LL behalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting ,>do zWgd 16i wz 0~23 - 20 13 1 >5 5 17 >0 City Council of the City of Carlsbad, California, held on 14th day of July , 1987, by the followinq c 1 I t 0 I *. AGREEMENT FOR PROVISION OF PUBLIC FACILITIES AFFECTING ISSUANCE AND USE OF BUILDING PERMITS. THIS AGREEMENT is made this day of 1987, between the CITY OF CARLSBAD, a municipal corporatio the State of California, hereinafter referred to as CITY, FOOTE DEVELOPMENT COMPANY hereinafter referred to as DEVEL RECITALS WHEREAS, the City's Growth Management Plan providt building permits may not issue until all necessary public facilities are constructed or otherwise guaranteed as requ the Local Facilities Management Plan; and WHEREAS, a Local Facilities Management Plan has bc approved by the City Council for Zone 2 which identifies CF public facilities deficiencies which must be remedied prior the issuance of any building permits; and WHEREAS, developer has secured a final map for CT a 151 unit residential subdivision located in Zone 2; and WHEREAS, developer wishes to assume responsibility the correction of all the existing deficiencies and wishes obtain building permits for his project so that the houses constructed at the same time the necessary public facilitie being constructed recognizing that the houses will not be occupied until all the necessary public facilities are avai thereby avoiding a further burdening of the City's public facilities capacities and ensuring compliance with the Grow Management Ordinance. e 0 I- NOW, THEREFORE, in consideration of the recitals mutual obligations of the parties as herein expressed, Ci Developer agree as follows: 1. Developer will pay the City $42,500.00 for improvements to the intersection of Elm Ave El Camino Real as required by the Local Fac Management Plan for Zone 2. The City will money to supplement the existing constructil contract for work in the area and will assu responsibility for completing the improveme 2. Developer will deposit $270,000.00 with the which is the estimated cost of making the improvements to the intersection of Tamaracl at El Camino Real as required by the Local Facilities Management Plan for Zone 2. Cit] assume responsibility for constructing thesc improvements. When the Citywide Traffic St1 completed a judgement will be made by the Ci Council as to the exact nature and extent of improvements. The existing estimate will be refined at that time. Any deposit in excess refined estimate will be returned to develor the deposit is not sufficient to cover the 1 estimate then Developer shall promptly depos additional funds required. Any payments by developer pursuant to this section shall sat his obligation for the improvements. -2- mi 0 3. Developer shall immediately commence constri of any necessary upgrades to the El Camino 1 Kelly Sewer Interceptor to accommodate flow: Zone 2 and Zone 7 to the satisfaction of tht Engineer. This work shall be diligently pur: completion by developer. Developer shall gL the construction of the sewer improvements t furnishing a Letter of Credit in a form acce to the City Attorney in the amount of $75,0( In connection with the construction developc maintain a liability insurance policy namin6 City as an additional insured as required by Risk Manager covering all aspects of the WOK performed by developer or a sub-contractor, developer may obtain the release of the post security on completion of the project in acc with the City Standard Subdivision Practice. completion and acceptance of the work, the C will pay developer $29,427.00 which the part agree is the City's share of the project. 4. After this agreement is executed and after developer has deposited the funds required b Sections 1 and 2 and furnish the security re by Section 3 then subject to compliance with applicable laws, the City shall issue buildi permits for developer's project. -3- c 0 5. Developer shall not occupy or allow occupanc any of the houses constructed pursuant to bu permits issued in accordance with this agree and shall neither request, secure or permit: (a) A final building inspection of the struc (b) Installation of a water meter: or (c) Installation of any gas or electric met( any of the houses, until completion of both sewer improvements required by paragraph 3 ai Elm and El Camino Real street improvements r( by paragraph 1 has been certified in writing City Engineer as complete and operational. Temporary electric power for construction wil permitted only from temporary construction PC pedestals. Developer agrees to comply with i the provisions of the Local Facilities Managc Plan for Zone 2 and the Citywide Facilities i Improvements Plan. 6. Further, developer understands the City Build Department will not schedule the foundation inspection or framing inspection on any of th houses to be constructed by developer unless City Engineer certifies in writing that adequ progress is being made by developer toward completing the sewer improvements. Prior to utilities inspection and release of utilities City Engineer must certify that all of the pu improvements reauired by this agreement have - 4- e 0 completed. No units will receive final ins prior to this certification. 7. Developer understands that this agreement notwithstanding should any of the public fa necessary to serve this project fall below adopted Citywide Performance Standard in th all previously available but unissued build permits will not be issued until those defi can be corrected. 8. If developer wishes to sell any of the hous to final inspection he must comply with the disclosure provisions of this section. Any prospective purchasers must be made aware o fact that they may not be able to occupy thj on it's completion because of the provision this aareement at the time a specific build permit is issued. A copy of this agreement be available to each prospective buyer and developer shall obtain a signed acknowledgmc receipt that the buyer has read and underst; agreement. The receipts must be filed with Community Development Director. After cornp. of the sewer improvements and the Elm Avenuc improvements and provided no other public facilities deficiencies have been identifiec to building permit issuance, then the Commur Development Director shall have authority dt the time that situation prevails of waiving - 5- e 0 disclosure requirement for any particular k 9. This agreement is intended to resolve any E dispute between developer and City in regar his development. Developer waives the rigk litigate anything that's happened in the pa regards to this development and agrees to h City harmless and waive any rights to litig the future any matters arising out of this agreement 10. Developer shall be entitled to a credit aga traffic impact fees required to be paid as condition of the issuance of his building p The amount of the credit shall be equal to monies required to be paid by developer pur this agreement. As each building permit fo development is pulled the traffic impact fe shall be deducted from this amount. When t project is complete and the credit has othei been adjusted as necessary for the Tamarack Camino Real improvements, then the City Eng: shall determine the amount remaining to be reimbursed to developer. City agrees to us( best efforts to collect traffic impact fees other developers building in Zone 2 and agre pay any amounts received on a monthly basis developer until the remaining reimbursement has been satisfied, This reimbursement woul include any additional funds collected from - 6- e 0 4. developers in Zone 2 should the permanent ti impact fee be established at a higher rate t interim fee. No interest will be due on the reimbursement amount. 11. Developer expressly warrants that he is the of record or duly authorized agent of the ow record of the land subject to this agreement described on Exhibit A attached hereto and IT part hereof ( "The Property" 1. 12. Applicant shall record this agreement as aff title to the property in the office of the C Recorder, County of San Diego, California an provide the City with a copy of the recorded agreement prior to the issuance of any build: permits . 13. Provided all requirements of the Growth Manac Plan have been satisfied the City shall provi Developer with a written release of this agre for each house upon completion of the improve required by this agreement. The form of (the release) agreement shall be prepared by Foote Development Company's Title Company and be ap by the City within 45 days of this agreement, 14. No amendment, modification, supplement, termi or waiver of any provision of this Agreement be effective unless executed in writing by bo parties and then only in the specific instancc for the specific purposes given. -7- 6 0 I. 15. Any demand upon or notice required or perm be given by one party to the other party s in writing. Except as otherwise provided any demand upon or notice required or perm be given by one party to the other party sl effective (a) on personal delivery, (b) on second business day after mailing by certij registered United States mail, return rece: requested, or (c) on the succeeding busine: after mailing by Express mail or after depc a private delivery service of general use , Federal Express) postage or fee paid as appropriate, addressed to the party at the shown below. Developer: Michael J. Foote Foote Development Company 5205 Kearny Villa Way, Suit€ San Diego, California 9212: City: City of Carlsbad Community Development Office 2075 Las Palmas Drive Carlsbad, California 92009 At tent ion : Commun i ty Deve lo Director Notice of change of address shall be given by wr notice the manner set forth in this paragraph. 16. This Aqreement and all rights and obligatio contained herein shall be in effect whether any or all parties to this Agreement have b succeeded by another entity, and all riqhts -a- 4B m -I < - obligations of the parties signatory to this Agreement shall be vested and binding on their successor of interest. IN WITNESS WHEREOF, the parties hereto have execute this agreement on the day and year first written above. CITY OF CARLSBAD A Municipal Corporation of the State of California By : CLAUDE A. LEWIS, Mayor City of Carlsbad DEVELOPER: APPROVED AS TO FORM! By: : VINCENT F. BIONDO, JR., City Attorney ATTEST : ALETHA L. RAUTENKRANZ, City Clerk (SEAL) -9-