HomeMy WebLinkAbout1990-04-03; City Council; 10564; Aporoval Project Management Assessment District ReimbursementCIT-OF CARLSBAD - AGEND.qILL
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TITLE: APPROVAL OF PROJECT MANAGEMENT AND
ASSESSMENT DISTRICT REIMBURSEMENT AGREEMENT DEPT.-
RECOMMENDED ACTION:
Adopt Resolution No. yfl&%8 approving Project Management and Assessment District
Reimbursement Agreement with Fieldstone/La Costa Associates.
ITEM EXPLANATION:
Fieldstone/La Costa Associates (Fieldstone) is in the process of obtaining approvals from the
City for the subdivision and development of property in Local Facilities Management Zone
12. It is anticipated that Fieldstone will also initiate plans to develop property located in Zone
11. These properties are proposed to be included within the boundaries of assessment and
financing districts for construction of public facilities including but not limited to improvements
to Ranch0 Santa Fe Road and Olivenhain Road.
Fieldstone and City staff believe it to be in their mutual interest to coordinate all
environmental studies, engineering, surveying and other related services for the projects
due to their scope and length of time anticipated to complete them. Fieldstone and City staff
also agree that Helming Engineering, Inc. should be utilized to coordinate the development
process for the projects, Douglas L. Helming of Helming Engineering was chosen as most
qualified to coordinate the development process due to Mr. Helmings twelve years of
engineering experience in the Carlsbad/La Costa area and background on projects
surrounding the proposed Fieldstone developments. In addition, Mr. Helming currently is
employed by the City as a consultant planchecker and is familiar with City/Engineering
Department policies and procedures.
Fieldstone has agreed to deposit funds with the City to compensate Helming Engineering
for work related to their projects. The funds are to be deposited in a City trust fund account
and will also be utilized to retain other professional services necessary to accomplish right
of way acquisitions, assessment engineering and bond financing of public facilities. A portion
of funds deposited by Fieldstone under the agreement is subject to reimbursement or credit
upon sale of bonds for assessment districts related to their projects. All costs eligible for
reimbursement will be approved by the City Engineer. If proceedings to establish
assessment districts are abandoned and no bonds are sold, no reimbursements will be
made to Fieldstone except for funds remaining in the trust fund after final payments are
made to consultants and administrative costs to the City are deducted.
FISCAL IMPACT:
All administrative and consultant costs will be covered by deposits made by Fieldstone to
a City administered trust fund account.
EXHIBlTS:
1. Resolution No.$O-$g
2. Consultant Project Management and Assessment District Reimbursement Agreement.
3. Letter dated November 6, 1989 to Fieldstone/La Costa Assoc. regarding
Trust Fund Account.
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RESOLUTION NO. 90-88
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A PROJECT
MANAGEMENT AND ASSESSMENT DISTRICT REIMBURSEMENT
AGREEMENT WlTH FIELDSTONE/LA COSTA ASSOCIATES.
WHEREAS, the City Council of the City of Carlsbad has determined it to be in the
public interest for Consultant services to be utilized for coordinating the processing of
development plans submitted by Fieldstone/La Costa Associates; and
WHEREAS, the City anticipates that special assessment districts will be formed to
provide funds for construction of public facilities within portions of properties to be developed
by Fieldstone/La Costa Associates; and
WHEREAS, Fieldstone/La Costa Associates have negotiated an acceptable agreement
for project management and assessment district reimbursements;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:
1. That the above recitations are true and correct.
2. That an agreement between the City of Carlsbad and Fieldstone/La Costa
Associates for project management and assessment district reimbursement, a copy of which
is attached (Exhibit 2) and made a part hereof, is hereby approved.
3. That the Mayor of the City of Carlsbad is hereby authorized and directed to
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execute said agreement for and on behalf of the City of Carlsbad.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the 3rd day of April , 1990 by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson
NOES: None
ABSENT: None
AlTEST:
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
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CONSULTANT PROJECT MANAGEMENT AND ASSESSMENT DISTRICT REIMBURSEMENT AGREEMENT
This AGREEMENT is made and entered into this La day of
/ , 1990, by and between the CITY OF CARLSBAD, a
Public Agency of the State of California (hereinafter referred to
as "City'), and the FIELDSTONE/LA COSTA ASSOCIATES, a Limited
Partnership (hereinafter referred to as tlFieldstoneWt).
A. Fieldstone is the owner of certain unimproved real
property located within Local Facilities Management Zones 11 and
12 of the City of Carlsbad (18PropertylV). Fieldstone is in the
process of procuring certain discretionary approvals for the
subdivision and development of the Zone 12 property and will
thereafter initiate a similar~ process for the Zone 11 property.
B. The Property is currently proposed to be included within
the boundaries of special Assessment and Financing Districts for
the construction of certain public facilities including but not
specifically limited to Ranch0 Santa Fe Road and Olivenhain Road.
The subdivision process described in paragraph A and the
public facilities contemplated in this paragraph B shall be
collectively referred to as the 11Projects.11
C. City and Fieldstone deem it in their mutual best
interests to coordinate environmental study, engineering, surveying
and related services for the Projects due to their scope and the
length of time contemplated to complete them. In addition,
Fieldstone agrees to advance funds for said services subject to
reimbursement of a portion as herein agreed upon a successful
confirmation of taxes or assessments and sale of bonds.
In consideration of the foregoing, City and Fieldstone agree
as follows:
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1. Consultant Proiect Manaaement and Coordination Services
City has entered into an agreement with Helming Engineering
and Douglas L. Helming for the consulting services of Helming.
Consistent with the intent of the Agreement, City agrees to define
the scope of work under the Helming Agreement as follows:
Project management and coordination services will be provided
by Douglas L. Helming Engineering, and shall include but not be
limited to the following:
a. GENERAL RESPONSIBILITIES
(1) Liaison between City staff, consultants, property
owners, and other governmental agencies.
(2) Maintenance and monitoring of project schedules.
(3) Coordination of consultant activities and scope of
services on all aspects of the project.
(4) Coordination of plan check activities.
(5) Actively pursuing projects to completion.
(6) Regularly reporting progress to City Engineer.
b. ZONE 11 AND ZONE 12 PUBLIC IMPROVEMENT PROJECTS
(1) Olivenhain Road
(a) Interim 4-lane Facility
1) Coordinate and pursue feasibility report
process.
2) Coordinate final engineering design
document process.
(b) Ultimate Facility
1) Coordinate and pursue route adoption
report process.
2) Coordinate final engineering design
document process.
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(2)
(3)
(4)
Ranch0 Santa Fe Road
(a) Coordinate and pursue route adoption report
process.
(b) Coordinateengineeringdesigndocumentprocess.
Calle Barcelona
(a) Coordinate final engineering design document
process if the facility is included within an
assessment district.
Assessment District formation coordination or other
public financing program coordination for all or any
of the project listed above.
C. PRIVATE DEVELOPMENT PROJECTS
(1) Arroyo La Costa (Zone 12)
(a) Coordinate final engineering design document
process including design of Calle Barcelona if
not included within an assessment district.
(2) La Costa Southeast II and III
(a) Coordinate tentative map process in the
Engineering Department.
(b) Coordination with Planning Department
processing of Specific Plans, Master Plans,
Zone Plan Amendments, etc.
(c) Coordinate final engineering design document
process.
Helming shall be paid on a hourly basis in conformance with
the most current billing schedule, however, Fieldstone shall be
provided thirty (30) days notice of any change in project
management.
2. . . . 1 Services Sublet l t of this Aareemen t
So long as Fieldstone continues to advance costs as provided
in this Agreement, City shall retain such professional services as
are necessary to accomplish right of way appraisals and
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acquisitions, related legal services, including bond counsel, in
connection with any assessment or bond financing of public
facilities on the Property, assessment engineering, and
environmental studies. Fieldstone shall also advance funds to
cover the costs of City administrative time.
Detail of scope of work and terms and conditions of the
contracts for the above services shall be as defined in separate
agreements for consultant services between the City and various
consultants.
3. Obliaations of Fieldstone
a. Fieldstone agrees to advance all funds necessary for City
to pay for the services defined in paragraphs 1 and 2. This
Agreement contemplates estimated lump sum payments being made by
Fieldstone semi-annually upon City's written request in
anticipation of regular monthly statements being received by City
from its consultants. All funds paid by Fieldstone shall be
deposited to an interest-bearing account and interest earned shall
be credited to Fieldstone pursuant to a letter agreement between
City and Fieldstone dated November 6, 1989, a copy of which is
attached hereto and incorporated herein by reference.
b. Fieldstone shall timely and adequately respond to City's
requests for information and material necessary to process the
Projects subject of this Agreement in order to assist City ih the
expeditious processing of these Projects.
. 4. 1
ursement.
City and Fieldstone intend and agree that a portion of the
money paid by Fieldstone under this Agreement is subject to
reimbursement or credit upon the sale of bonds under future
assessment districts. City accordingly agrees to keep records
which itemize the expenditures so that items subject to
reimbursement will be clearly identified. Fieldstone also agrees
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to itemize its separate expenses for the same purpose. It is
understood and agreed that all costs eligible for reimbursement
shall be approved by the City Engineer.
Upon completion of the proceedings and a successful sale of
bonds, Fieldstone shall have the option of having the approved
reimbursement items refunded in cash or be applied as a credit to
assessments or a combination of both.
If proceedings to establish special assessment districts are
abandoned and no bonds are sold, then no reimbursements or credits
shall be due Fieldstone, excepting only any funds then held by the
City in excess of those needed for final payment of consulting
services and/or administrative time. Notwithstanding the
foregoing, if abandoned assessment district proceedings are re-
established, bonds are sold, and work to establish the district is
utilized which was paid under this Agreement, then the
reimbursement provisions of this Agreement shall apply.
5.
All plans, specifications and other preliminary documentation
as prepared for public facilities construction shall become the
property of the City, regardless as to whether any assessment
districts are actually formed or confirmed.
6. . . Term&Q&&on of Aareement
This Agreement may be terminated by either party upon thirty
(30) days written notice, or in the event Fieldstone fails to
deposit requested funds within thirty (30) days of demand.
7. Citv's Right of Abandon Assessment District Proceedings
This Agreement does not in any way create an obligation or
vesting that the City will decide to proceed with a special
Assessment District, and the City expressly reserves the right to
abandon the proceedings at any time prior to the conclusion of the
public hearing.
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IN WITNESS WHEREOF, the parties have executed this Agreement
on the day and year first above written.
FIELDSTONE/LA COSTA ASSOCIATES LIMITED PARTNERSHIP, a California Limited Partnership
BY: THE FIELDSTONE COMPANY, a Californja Corporation, Its Ggn,er,al Partner &/ ATTEST: BY ,f
1 Jw &wfi
BY
ALETHA L. RAUTENKRANZ, City Clerk
City Attorney Y
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