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HomeMy WebLinkAbout1988-12-13; City Council; 9774; ACCEPTANCE OF OFFSITE SEWER IMPROVEMENTS FOR CARLSBAD TRACT 84-35 (THE SUMMIT) PD 279 & PD 297a 9 0 L% a. is" .. z 0 5 a 1 0 z 3 0 0 - GB UP CARLSBAD - AGE" BILL AB#* TITLE: DEF MTG. 13-1 3-88 ACCEPTANCE OF OFFSITE SEWER IMPROVEMENTS CIT CIT' FOR CARLSBAD TRACT 84-35 DEPT.ENC,. (THE SUMMIT) PD 279 & PD 297 RECOMMENDED ACTION: Accept improvements, authorize City Clerk to record the Notice of Co release bonds, and direct the Utilities and Maintenance Department tc maintaining the offsite sewer improvements associated with the sub Authorize the Finance Director to reimburse the developer for portior improvements per the Agreement for Provision of Public Facilit- August 3, 1987. ITEM EXPLANATION The Developer, Foote Development Company, has constructed a1 1 imp required of this project and has requested the City to accept tt Improvements itemized in Exhibit 3. City forces have inspected tl improvements and found them to be satisfactory. These offsite sewer improvements were required as mitigation for sew deficiencies identified in the Zone 2 Local Facilities Management P constructed sewer facilities were in excess of those needed for Tract 84-35 and as such were subject to City reimbursement pursuat Council Approval Agreement between the City and Foote Development As stated in the Agreement the City's share of the Sewer Project is $ payable upon completion of the project. FISCAL IMPACT The Uti 1 i ti es and Maintenance Department wi 11 be required to mai r public improvements. The value of the improvement is estimated at $61 The City is obligated to pay $29,427.00 of the construction cos developer pursuant to the Reimbursement Agreement. Funds in the i $29,427.00 are available in sewer line upgrades account number 512-18. EXHIBITS 1. Location Map. 2. Letter requesting acceptance, dated May 6, 1988. 3. Itemization of Public Improvements. 4. Notice of Completion. 5. Agreement for Provision of Public Facilities affecting issuanci of Building Permits. I I t 0 w LOCATION MAP ., 5 12' RELIEF SEWER 1, m IMPROVEMENTS TO BE ACCEPTED If PROJECT NAME: E) PD 207 I FOOTE DEVELOPMENT PD 27Q 5 CT 84-35 0 '11111 . ,I \l!l l)l,,\5 0 ,'IS 8 r 4,111, ," , * \'111.1 \\.I\ I c---- b __"*.-. I I May 6, 1988 Llyod Hubbs, City Engineer City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92008 RE: Irrevocable Letter of Credit No. 123 First La Mesa Bank Dear Llyod: On July 29, 1987 a letter of credit was issued to the City Carlsbad for $75,000.00 to cover Subdivision lmprovemer Faithful Performance relating to the offsite site sewer on Camino Real. Since this work has been completed, I a respectfully requesting that this letter of credit be releasf prior to the May 29th automatic renewal date. A copy of th letter is enclosed for your information. I appreciate your help in taking care of this matter. Since re I y , &- Allen L. West Senior Vice president ALW/lz enclosure €XH/B/T 2 0 9 .’ EXHIBIT 3 ITEMIZATION OF THE PUBLIC IMPROVEMENTS THE SUMMIT AT CARLSBAD PRIVATE DEVELOPMENT 279 AND 297 Sewer Improvements Re1 ief Sewer: Construct Access Holes $ 3,040.00 Reconstruct Exi sting Access Hol es 1,400.00 12” E.S.V.C.P. Sewer 31,808.00 A.C. Pavement Repair 13,695.00 Shoring (over 5‘ deep) 9,500.00 Relief Sewer Connection: Construct Access Holes 1,920 .oo Reconstruct Existing Access Holes 700.00 12” E.S.V.C.P. Sewer 2,268.00 A.C. Pavement Repair 880.00 Shoring (Over 5‘ deep) 800.00 $ 66,011.00 TOTAL VALUE OF SEWER IMPROWEMENTS 0 NOTICE OF COMPLETION FOR PRIVATE DEVELOPMENT ENGINEERING TO all Laborers and Material Men and to Every Other Person Interested! YOU WILL PLEASE TAKE NOTICE that on , 19-, the Engini Project consisting of Private Development 279 and 297, The Summit at Car' on which T.C. Construction was the Contractor, and First La Mesa Bank Wi surety, was completed. CITY OF CARLSBAD LLOYD B. HUBBS City Engineer VERIFICATION OF CITY CLERK I, the undersigned, say! I am the City Clerk of the City of Carlsbad; the City Council of saic on 9 19-9 accepted the above described wo completed and ordered that a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and cor Executed on , 19- at Carlsbad, California. CITY OF CARLSBAD ALETHA L. RAUTENKRANZ City Clerk p-mz c7- 84- ENC twrzl2 1 elc <.ErnEA 0 AGREEMENT FOR PROVISION OF PUBLIC FACILITIES AFFECTING ISSUANCE AND USE OF BUILDING PERMITS. day Of + THIS AGREEMENT is made this &d- 1987, between the CITY OF CARLSBAD, a municipal corporatic 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 provic building permits may not issue until all necessary public facilities are constructed or otherwise quaranteed as reqr the Local Facilities Management Plan; and WHEREAS, a Local Facilities Manaqement Plan has k approved by the City Council for Zone 2 which identifies c public facilities deficiencies which must be remedied pric the issuance of any buildinu permits; and WHEREAS, developer has secured a final map for C? a 151 unit residential subdivision located in Zone 2; and WHEREAS , developer wishes to assume responsibilit the correction of all the existing deficiencies and wishes obtain building permits for his pr&ect so that the houses constructed at the same time the necessary public faciliti being constructed recognizing that the houses will not be occupied until all the necessary public facilities are ava thereby avoiding a further burdening of the City's public facilities capacities and ensuring compliance with the Gro' Management Ordinance. 0 w r. NOW, THEREFORE, in consideration of the recitals mutual obligations of the parties as herein expressed, Cii Developer agree as follows: 1. Developer will pay the City $42,500.00 for improvements to the intersection of Elm Aver El Camino Real as required by the Local Faci Management Plan for Zone 2. The City will I money to supplement the existing constructic contract for work in the area and will assun responsibility for completing the improvemer 2. Developer will deposit $270,000.00 with the which is the estimated cost of making the improvements to the intersection of Tamarack at El Camino Real as required by the Local Facilities Management Plan for Zone 2. City assume responsibility for constructing these improvements. When the Citywide Traffic Stu completed a judgement will be made by the Ci Council as to the exact nature and extent of improvements. The existinq estimate will be refined at that time. Any deposit in excess refined estimate will be returned to develop1 the deposit is not sufficient to cover the rl estimate then Developer shall promptly deposi additional funds required. Any payments by developer pursuant to this section shall sat: his obligation for the improvements. -2- 0 L 3. Developer shall immediately commence constri of any necessary upgrades to the El Camino I Kelly Sewer Interceptor to accommodate flow: Zone 2 and Zone 7 to the satisfaction of the Engineer. This work shall be diligently pur completion by developer. Developer shall q~ the construction of the sewer improvements t ter of Credit in a form accc to the City Attorney in the amount of $75,0C In connection with the construction develope maintain a liability insurance policy naming City as an additional insured as required by Risk Manager covering all aspects of the wor 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. - - --rc 4. After this agreement is executed and after developer has deposited the funds required b1 Sections 1 and 2 and furnish the security re( by Section 3 then subject to compliance with applicable laws, the City shall issue buildir permits for developer's project. -3- m 1) 5. Developer shall not occupy or allow occupan any of the houses constructed pursuant to t permits issued in accordance with this agre and shall neither request, secure or permit (a) A final building inspection of the str (b) Installation of a water meter; or (c) Installation of any gas or electric we any of the houses, until completion of both sewer improvements required by paragraph 3 E Elm and El Camino Real street improvements 1 by paragraph 1 has been certified in writins City Engineer as complete and operational. Temporary electric power for construction wi permitted only from temporary COnStmCtiOn p pedestals. Developer agrees to comply with the provisions of the Local Facilities Planagc Plan for Zone 2 and the Citywide Facilities Improvements Plan. 6. Further K developer understands the City Built Department will not schedule the foundation inspection or framing inspection on any of tY houses to be constructed by developer unless city Engineer certifies in writing that adeqL 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 recruired by this agreement have -4- 0 a completed. No units will receive final ins1 prior to this certification. 7 e Developler understands that this agreement notwithstanding should any of the public fac necessary to serve this project fall below t adopted Citywide Performance Standard in the all previously available but unissued buildi permits will not be issued until those defic can be corrected. 8. If developer wishes to sell any of the house to final- inspection he must comply with the disclosure provisions of this section. Any prospective purchasers must be made aware of fact that they may not be able to occupy the on it's completion because of the provisions this agreement at the time a specific buildij permit is issued. A copy of this agreement : be available to each prospective buyer and developer shall obtain a signed acknowledgmen receipt that the buyer has read and understan agreement. The receipts must be filed with t Community Development Director. After comple of the sewer improvements and the Elm Avenue improvements and provided no other public facilities deficiencies have been identified to building permit issuance, then the Communi Development Director shall have authority dur the time that situation prevails of waiving t -5- 0 disclosure requirement for any particular hl 9. This agreement is intended to resolve any p' dispute between developer and City in regar his development. Developer waives the righ? litigate anything that's happened in the par regards to this development and agrees to hc 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 agai traffic impact fees required to be paid as z condition of the issuance of his building PE The amount of the credit shall be equal to t monies required to be paid by developer pur: this agreement. As each building permit for development is pulled the traffic impact fee shall be deducted from this amount. When th project is complete and the credit has other been adjusted as necessary for the Tamarack Camino Real improvements, then the City Engi shall determine the amount remaining to be reimbursed to developer. City agrees to use best efforts to collect traffic impact fees other developers building in Zone 2 and agrei pay any amounts received on a monthly basis developer until the remaining reimbursement l has been satisfied. This reimbursement woulc include any additional funds collected from ( - 6- m e developers in Zone 2 should the permanent impact fee be established at a higher rate interim fee. No interest will be due on ti reimbursement amount. l:&-Q93*&r?- pressly- warrants that he is-thc of record or duly authorized agent of the 4 record of the land subject to this agreemei describeLon Exhibit A-attached hereto and part her-f ("The Property"). -_ -- --+- I_- 12. Applicant shall record this agreement as af title to the property in the office of the Recorder, County of San Diego, California i provide the City with a copy of the recorde agreement prior to the issuance of any buil permits . 13, Provided all requirements of the Growth Man Plan have been satisfied the City shall pro Developer with a written release of this ag for each house upon completion of the impro? required by this agreement. The form of (t release) agreement shall be prepared by Foo Development Company's Title Company and be ( by the City within 45 days of this agreement 14. No amendment, modification, supplement, terr or waiver of any provision of this Agreemenl be effective unless executed in writing by t parties and then only in the specific instar for the specific purposes given. -7- m e .- 15. Any demand upon or notice required or permi be given by one party to the other party sh in writing. Except as otherwise provided h any demand upon or notice required or permi be given by one party to the other party sh< effective (a) on personal delivery, (b) on second business day after mailing by certif registered United States mail , return recei requested, or (c) on the succeeding busines. after mailing by Express mail or after depo: a private delivery service of general use (c Federal Express) postage or fee paid as appropriate, addressed to the party at the s shown below. Developer: Michael J. Foote Foote Development Company 5205 Kearny Villa Way, Suite San Diego, California 92123 City: City of Carlsbad Community Development Office 2075 Las Palmas Drive Carlsbad, California 92009 Attention: Community Develop Director Notice of change of address shall be given by wri notice the manner set forth in this paragraph. 16. This Aqreement and all rights and obligation contained herein shall be in effect whether any or all parties to this Agreement have be succeeded by another entity, and all riqhts -8- 0 m ." .- 6' obligations of the parties signatory to th Agreement shall be vested and binding on t successor of interest- IN WITNESS 'WHEREOF, the parties hereto have exe this agreement on the day and year first Written above- CITY OF CARLSPAD A Municipal Corporation of Sta,te of Cal'fornia &>yip< i./// By : 'CLAUDE A. LEWIS, Mayo' City of Carlsbad CORPORATE ACKNOWLEDGMENT On this the 3rd day of August l! State of California Countyof San Diego Karen R. Kundtz the undersigned Notary Public, personally appeared Aletha L. Rautenkranz B personally known to me 0 proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument or on behalf of the co named, and acknowledged to me that the corporation e, * KAREN A. KUNDTZ $ NOTARY PUBLIC-CALIFO~NIA * SAN OXGO COUNTY $ MY Cmm. END. %pi. 27. 1969 t *+*+***************** OFFICIAL SEAL City Clerk a NATIONAL NOTARY ASSOCIATION 23012 Ventura Blvd. P.O. Box @I NllKt ruvlc UCvLLwrwiu~i LW., BO.^., ,,I\ L.w',,v, Y..Y.. ...-. _,.___.__ . . . and acknonledgrd to me that such corporation executed the within instrument pursuant to its bylaws OF a resolution of its board of directors. WlTNESS n~y hand and ofiicial seal. @& Gc.GtCLC\ Patricia G. C. Abernathy -Y- \