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"
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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.
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LOCATION MAP
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12' RELIEF SEWER
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m IMPROVEMENTS TO BE ACCEPTED
If
PROJECT NAME: E)
PD 207 I FOOTE DEVELOPMENT PD 27Q 5
CT 84-35
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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
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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
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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
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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.
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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.
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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.
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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.
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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
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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
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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 (
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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").
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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.
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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
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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
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