HomeMy WebLinkAbout1989-01-03; City Council; 9800; Refund of Feesz
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1/3/89 MTG .. ___ _
• DEPT._F_I_N __
CIT\'<?vF CARLSBAD -AGEND{_~ILL
TITLE:
REFUND OF FEES
RECOMMENDED ACTION:
Approve the refund of $58,950 to Sammis Properties.
ITEM EXPLANATION:
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DEPT.
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CITY MGR •
The City of Carlsbad entered into an agreement with Sammis Properties
requiring that they post $1 million for the acquisition of park land in the
southwest quadrant. The agre1::ment required that Sammis Properties post a
Letter of Credit for this amount to be drawn by the City at the time land was
to be acquired. The agreement further stated that the acceptan~e by the City
of a Letter of Credit in the form approved by the City for the full amount of
a 11 costs of the acquisition sha 11 constitute dedication of a 11 park land
required by the Batiquitos Lagoon Educational Park. On December 14, 1988, the
City of 'Carlsbad received full cash payment for the Letter of Credit.
The payment to the City under tt,e Letter of Credit constitutes full compliance
under the Parks Agreement between the City and Sammis Properties. At this
• time any Park-In-Lieu fees paid by Sammis Properties should be returned to
avoid double payment for parks. The amount of the refund due Sammis Properties is $58,950.
FISCAL IMPACT:
The refund of $58,950 will reduce the balance in the Park-Tn-Lieu Fu~d for the
southwest quadrant by that amount. Funds are available within the Park
District 3 Fund for this payment. There should be no long range effect on the
City's Capital Improvement Program because of this refund.
EXHIBITS:
1.
2.
Letter to Sammis Properties, dated November 15, 1988.
Letter to Phil Carter, City of Carlsbad, dated November 9, 1988.
November 9, 1988
Mr. Phil. Carter
CITY OF CARLSBAD
2075 Las Pal.mas
Carlsbad, CA 92009
Dear Phil.:
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SAMMIS
Building Better Environments
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t..~s::-./ EXHIBIT 2
Per our agreement with the City regarding our park acquisition
requirement, the agreement specifies that at such time as
dedication occurs our fee deposit will be refunded. Since we;
have de:l;.ivered a Letter of Credit in the amount of $1,boo,000,!
which is irrevocable and callable at any time at the di~cretion
of the City, we feel we have satisfied the projects obQigatiod
for park land. The p:roj ect' s obligation was origina:hy • 3. 95
acres and the funds we have provided are estimated to prbvide 1d
acres which would mean we have more than· doubley provi¢ted: ouzl
park land with this Letter of Credit. l J
The park fee we paid in connection ·w1.th the our building permit
total.ling $58,950 is the amount we request to be refund d. Fo ;
your reference, the document I am referririg to is. 1 counci~
Resol.ution #8764 adopted August 19, 1986. Your iw,mediat1
attention -to thi::; matter would be greatly appreciated.. r " ll
sincerely, • I
SAMMIS PROPERTIES
~..,'1C'V ....... ---R6ger D. Anderson
Project Manager
cc: Jim Elliott
26SO Camino Del Rio North, Suite 100, San Diego, California 92108 (619) 233-7112
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November 15, 1988
Mr. Roger O. Anderson
Project Manager
Sammis Properties
2650 Camino del Rio North, Ste. 100
San Diego, CA 92108
Dear Mr. Anderson:
I received your letter requesting a park fee refund in connection with the.Sammis
Master Plan Project. I will be reviewing your request, along with the Finance
Director, to determine whether or not a refund is warranted at this time.
As we discussed, one item of concern which is contained in the City Council
Resolution Number 8764, adopted on August 19, 1986, deals with the reference to
·dedicated park land. We will be discussing this item with the-City Attorney to
•determine whether or not the delivery of the letter of credit in the amount of
$1-million satisfies that dedication requirement 9f the agreement. If this is
the case, we will consider this item for City Council action at the soonest
possible date. It appears at this time the item will not be able to be presented
to the City Council before the first meeting in December.
I will be contacting you in the next week to give you a status report of your
request. If you have any questions in the meantime, please do not hesitate to
contact me.
Sincerely,
fJi;.~0. ~
PHILIP O. CARTER
Assistant to the City Manager
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c: Ray Patchett, City Manager
Vince Biondo, City Attorney
Marty Orenyak, Community Development Director
Jim Elliott, Finance Director
Jon Delling, Architect, Sammis Properties
1200 Elm Avenue • Cartsbad. California 92008-1989 • (619) 434-2821