HomeMy WebLinkAbout1990-11-06; City Council; 10895; AMENDMENT TO LOCAL FACILITIES MANAGEMENT PLAN ZONE 5 TO DELETE A CONDITION TO CONSTRUCT A FUTURE STORM DRAIN FACILITYQ w
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Clm OF CARLSBAD - AGENW BILL
PLAN ZONE 5 TO DELETE A CONDITION TO
CONSTRUCT A FUTURE STORM DRAIN FACILITY
DEPT. I
CITY A
CITY M
AB# ’5 8q5 TITLE: AMENDMENT TO LOCAL FACILITIES MANAGEMENT
MTG., 11/6/90?
DEPT. GM
RECOMMENDED ACTION:
Adopt Resolution No. 96 - 347 amending the Local Facilities Management Plan
Zone 5 to delete a specific drainage condition requiring the construction of a future dc
basin.
ITEM EXPLANATION
On August 4, 1987 the City Council adopted the Local Facilities Management 1
(LFMP) for Zone 5. As a condition to the approval of Zone 5. Future developmer
the Sunnycreek Basin was required to comply with the following condition:
Prior to issuance of further development permits within Drainage Area 13
of Zone 5, the developer shall install the desiltation basin identified as a
’BL’.
2,700 cubic yard basin at the north end of Master Drainage Plan Facility
Facility ’BL’ is located at the intersection of El Camino Real and College Boulevard
drains easterly into the Sunnycreek Basin. The purpose of the storm drain line an(
desilt basin is to alleviate further silt deposition into the Agua Hedionda Lagoon.
Since the adoption of Zone 5, a number of events have occured which effect the drai
patterns in this area:
1. A 15,000 cu yd. desilt basin was constructed as part of the Kelly R
project at the mouth of the Agua Hedionda Lagoon.
A temporary desilt basin was constructed as part of the Carlsbad Rest
Center Phase V project at the intersection of El Cadno Real and Co
2.
Boulevard.
3. The LFMP’s for Zones 14 and 15 have been approved which incluc
highly detailed hydrology analysis of the entire Agua Hedionda Wate
Basin. The hydrology study evaluated the characteristics of the Si
creek Channel and the effects of silt deposition on the flow line c
existing creek. The results of this analysis indicated the slope c
existing creek is sufficient to allow natural scouring of the creek bc
that precludes the deposition of additional silt.
Due to the uncertainity of the future development of the Sunnycreek
the location of the required 2,700 cu. yd. desilt basin may conflict
development of the site.
4.
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PAGE 2 OF AGENDA BILL NO. /$ fq3-
The Engineering Department is currently updating the City's Drainage Master Plan
revised version concurs with the findings of the drainage analysis for Zone 14 ai
regarding the deletion of the desilt basin at the terminus of drainage facility 'BL'. F
development of the Sunnycreek Project may be required to construct a "localized'
basin on-site as determined by the City Engineer.
Therefore, due to the updated hydrology analysis of the Sunnycreek Basin, st
recommending that the Local facilities Management Plan for Zone 5 be amend
delete the specific drainage condition as identified above.
Fiscal Impact
There will no cost to the City as a result of this action. The ultimate location ai
need for this facility will be more accurately addressed during the review of any pro]
development in the Sunnycreek Basin.
Attachments
1.
2. Location Map.
City Council Resolution No. -
SJ:km
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RESOLUTION NO. 90-397
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING THE LOCAL FACILITIES
MANAGEMENT PLAN FOR ZONE 5 BY DELETING A CONDITION
DEALING WITH THE CONSTRUCTION OF A FUTURE DRAINAGE
FACILITY.
CASE NAME: LOCAL FACILITIES MANAGEMENT PLAN ZONE 5
CASE NO.: LFMP 5-A
WHEREAS, the Growth Management Program of the City of Carlsbad r
provision of adequate public facilities prior to or concurrent with development whi
those facilities; and
WHEREAS, the Local Facilities Management Plan for Zone 5 was ado
required the construction of specific drainage facilities; and
WHEREAS, a detailed hydrology study has determined that the desilt b
terminus of Drainage Master Plan Facility 'EL' is no longer necessary.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of I
Carlsbad, as follows:
A)
B)
That the above recitations are true and correct.
That the Local Facilities Management Plan for Zone 5 is hereby amende
the following condition:
Prior to issuance of any further development pennits
within Drainage Area 13 of Zone 5, the developer
shall install the desiltation basin identified as a
2,700 cu. yd. basin at the north end of Master
Drainage Plan Facility 'BL'.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the C
the City of Carlsbad, California, held on the 6th day of November
following vote, to wit:
- I
AYES:
NOES: None
ABSENT: None
ABSTAIN: Council Member Mamaux
Council Members Lewis, Kulchin, Pettine, and La
ATTEST:
ILezjLL dp PdL ALETHA L. RAUTENKRANZ, City Clerk \
(SEAL)
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DESILT BASIN
DESILT BASIN
DESILT BASIN
AIRPORT
4
hy of barlsba
LFMP ZONE 5 AMENDMENT LFMP 5-P
0
NOTICE OF PUBLIC HEARING
e
LM 5-A
NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold
public hearing at the City Council Chambers, 1200 Carlsbad Village Drive (form'
Elm Avenue), Carlsbad, California, at 6:OO P.M., on Tuesday, November 6, 1990,
to consider an application for an amendment to Local Facilities Management Plar
for Zone 5 on property generally located within the center of Carlsbad at the
intersection of the City's four quadrants. Said Amendment proposes a deletion
a drainage condition. The zone is bounded approximately by 1-5 to the west, ar
approximately the City's eastern boundary to the east and is bisected east to 1
by Palomar Airport Road and north to south by El Camino Real.
If you have any questions regarding this matter, please call the Planning Depai
at 438-1161.
If you challenge the Amendment to the Local Facilities Management Plan for Zone
in court, you may be limited to raising only those issues you or someone else
raised at the public hearing described in this notice or in written corresponde
delivered to the City of Carlsbad City Clerk's Office at or prior to the public
hearing .
APPLICANT: City of Carlsbad
PUBLISH: October 25, 1990 CARLSBAD CITY COUNCIL
d
ZONE 5 City of Gadshad
Local Facilities Management Plan
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad will holl
a public hearing at the Council Chambers, 1200 Carlsbad Village Drive (formerly Elr
Avenue), Carlsbad, California, at 6:OO p.m. on Wednesday, September 19, 1990, t
consider approval of an amendment to Local Facilities Management Plan for Zone 5 o
property generally located within the center of Carlsbad at the intersection of the City
four quadrants. Said Amendment proposes a deletion of a drainage condition. The zon
is bounded approximately by 1-5 to the west, and approximately the City’s easter
boundary to the east and is bisected east to west by Palomar Airport Road and north t
south by El Camino Real.
Those persons wishing to speak on this proposal are cordially invited to attend the publi,
hearing. Copies of the staff report will be available on and after September 13, 1990. 1
you have any questions, please call the Planning Department at 438-1161.
If you challenge the Amendment to Local Facilities Management Plan for Zone 5 in court
you may be limited to raising only those issues you or someone else raised at the publil
hearing described in this notice or in written correspondence delivered to the City o
Carlsbad at or prior to the public hearing.
CASE FILE: LFMP 5
APPLICANT: CITY OF CARLSBAD
PUBLISH: SEPTEMBER 6, 1990
CITY OF CARLSBAD
PLANNING COMMISSION
(Form A)
e e
TO: CITY CLERK'S OFFICE
FROM:
RE: PUBLIC HEARING REQUEST
Attached are the materials necessary for you to notic
Please notice the item for the council meeting of
.
Thank you.
/& 9/%
Date
6 vy ad /%L aw
NOTICE IS HEREBY GIVEN that the City Council of the City of
Carlsbad will hold a public hearing at the City Council Chambers, 1200 Carlsbad
Village Drive (formerly Elm Avenue) , Carlsbad, California, at 6:OO P. M., on
Tuesday, November 6, 1990, to consider an application for an amendment to Local Facilities
Management Plan for Zone 5 on property generally located within the center of Carlsbad at the intersection of the City’s four quadrants. Said
I Amendment proposes a deletion of a drainage
condition. The zone is bounded approximately by 1-5 to the west, and by Palomar Airport Road and
north to south by El Camino Real.
If you have any questions regarding this matter, please call the Planning Department at 438-1 161.
If you challenge the Amendment to the Local Facilities Management Plan for Zone 5 in court,
you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written
correspondence delivered to the City Clerk’s Office at or prior to the public hearing. 25%- Local Facdilier Management Plan
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PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold
a public hearing at the City Council Chambers, 1200 Carlsbad Village Drive
(formerly Elm Avenue), Carlsbad, California, at 6:OO P.M., on Tuesday, November
6,1990, to consider an application for an amendment to Local Facilities Manage-
ment Plan for Zone 5 on property generally located within the center of Carlsbad
deletion of a drainage condition.
The zone Is bounded approxi-
mately by 1-5 to the west, and
approximately the City’s eastern
boundary to the east and is
bisected ea$t to west by
Palomar Airport Road and north
to south by El Camino Real.
If you have any questions re-
garding this matter, please call
the Planning Department at 438-
If you challenge the Amendment
to the Local Facilities Manage-
ment Plan for Zone 5 in court,
you may be limited to raising
only those issues you or some-
one else raised at the public
hearing described in this notice
or in written correspondence
delivered to the City of Carlsbad
City Clerk’s Off ice at or prior to
1161.
’I ti
1 .' * e
9
May 24, 1990
TO : City Clerk
FROM : City Attorney
ZONE 5 - FORWARD FUNDING, MITIGATION AND REIMBURSEMENT AGREEMEN' FOR THE COST OF ENGINEERING AND CONSTRUCTION OF PALOMAR AIRPOR'I
ROAD EAST, DATED APRIL 24, 1990
Attached is the original agreement referenced above. Would YOU be kind enough to get the mayor's signature, affix your own signaturc
and return to us for our signature. We will make the copies foi
Mr. Rouse per his letter dated May 21, 1990 and return the original to you. Thank you for your assistance in this regard. + RANDEE HARLIB
Secretary to City Attorney
attachment
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LUCE, FORWARD, HAMILTON & SCRIPPS
A LAW PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS
FOUNDED 1873
/
REGENTS SQUARE 11 SAN DIEGO THE BANK OF CALlFORNL4
ua WEST A STREET 4250 EXECUTIVE SQUARE, SUITE 700
LA JOU, CALIFORNIA 92037 TELECOPIER SAN DIEGO. CALIFORNIA
(619) 136 1114 (619) 455-1354
RONALD W. ROUSE
(619) 455-6611
PARTNER DIRECT - DfAL NUMBER <
(619) 535-2605 May 21, 1990
VIA MESSENGER
Vincent F. Biondo, Jr., Esq. Carlsbad City Attorney
1200 Elm Avenue Carlsbad, CA 92008
Re: Zone 5 Forward Funding, Mitigation and Reimbursement Agreemel for the Cost of Engineering and Construction of Palomi Airport Road East, dated April 24, 1990
Dear Vince:
Delivered herewith please find the original of the-above- mentioned "Agreement" signed by all four of the Contributing Owners on counterpart signature pages and the fully executed original Surety Bonds for upland Industries Corporation and Carlsbad Oaks East, Ltd. amount of $1,021,293.00 is issued by Safeco Insurance Company; Carlsbad Oaks East's Surety Bond No. 1159795 in the amount of
$232,199.00 is issued by Insurance Company of the West.
MorgadPalomar and Carlsbad Airport Centre, credit or Surety Bonds will be available Tuesday or Wednesday, and they will be delivered to you as soon as they are available
agenda package with the following corrections:
Effective Date of April 24, 1990 has been inserted on page 1.
2. On page 6 immediately above the signature block for tk City of Carlsbad, the words Ifin counterpart signature pages" hz been added.
3. reflect the gross acreage calculations for the four Contributir Property Owners, together with a recalculation of their respective percentages. and of their surety bond allocation
amounts .
Upland's Surety Bond No. 5645128 in t
with respect to the other two Contributing Owners,
their letters of
The Agreement is identical to the April 24, 1990 Council
1.
Exhibit "A", page A-1 has been modified slightly to
r. LUCE, FORWARD, HAMILTON e 61 SCRIPPS Q
Vincent F. Biondo, Jr., Esq. May 21, 1990 Page 2
4. Counterpart original signature pages have been includt and the address of each Contributing Owners has been added to i signature pages.
Finally, the form of Surety Bonds set forth as Exhibit “C’I has been changed to attach the City’s standard form faithft performance bond pursuant to direction from the City.
please return to me a fully conformed copy for distribution to all parties. In Section 3.6, you should also insert the estimated construction commencement date and the estimated completion date.
5.
AS soon as the contract is executed by the City of Carlsbad
If you have any questions, please do not hesitate to call ml gy yours, \ 7 dJlJ. ai ad-- Ronald . Rouse
of Luce, Forward, Hamilton & Scripp:
LR198RWR:ar Encl .
cc: Mr. Jim Elliott (w/encl.) Ronald S Ball, Esq. (w/encl.) Mr. William P. McCubbin
Mr. Dean Greenberg
Mr. Paul Tchang Mr. Howard Cornel1
Mr. Doug Ford
I
x e 1)
FORWARD FUNDING, MITIGATION AND REIMBURSEMENT AGREEMENT FOR THE COST OF ENGINEERING AND CONSTRUCTION OF PALOMAR AIRPORT ROAD EAST
THIS AGREEMENT is entered into this 2 Y+A day of APRIL , 1990,
by and among those Zone 5 Property Owners described on Exhibit 'lA1l hereto, herein
referred to collectively as the "Contributing Owners" and the City of Carlsbad, a IIlUIliCipd corporation of the State of California, hereinafter referred to as the "City."
RECITALS
WHEREAS, the City has established a Growth Management System, together with ordinances and policies implementing same (hereinafter "City's GMS") which includes public facility performance standards which must be continually satisfied in order to allow further development, including issuance of building permits and other development entitlements, for development to proceed in various development zones throughout the
City;
WHEREAS, the City has verified that a portion of Palomar Airport Road, easterly from the intersection of Palomar Airport Road and El Camino Real to the City limits (hereinafter "PAR East"), is not meeting applicable performance standards and as a result no development or building permits may be issued within Zone 5 until PAR East is
fully improved or acceptable guarantees of financing for its improvement is achieved in
accordance with the City's GMS;
WHEREAS, the Contributing Owners own developable property within Zone 5 and have been requested by the City to provide financial assurances for a portion of the funds necessary to construct PAR East; and
WHEREAS, the Contributing Owners are willing to provide certain financial
assurances and commitments, in combination with those commitments and assurances from the City, as hereinafter enumerated to provide the necessary assurances and
guarantees to fully mitigate and satisfy the City's GMS with respect to PAR East;
NOW, THEREFORE, in consideration of the mutual promises contained herein, the
parties agree as follows:
1. Recitals Incorporated by Reference.
The foregoing Recitals are incorporated herein by this reference and
represent a general statement of the intent and scope of this Agreement requiring
mutual and reciprocal commitments by the Contributing Owners and the City respecting satisfaction of the City's GMS as it relates to Zone 5 and PAR East.
2. PAR East Improvements.
2.1 The scope of the PAR East improvements (hereinafter
(ltImprovementsff) to be designated and constructed by the City shall include:
(a)
(b)
grading for full 126 foot right-of-way;
construction of paved travel lanes to a total number of four
(4), two (2) in each direction;
I, e *
(c)
(dl
(e) all necessary improvements and grading necessary to
eighteen (18) foot AC paved median with curb and gutter;
appurtenant shoulder protection and normal drainage; and
accomplish needed roadway construction.
The parties acknowledge and agree that City shall use its best efforts to minimize the
design and construction costs consistent with reasonable design standards and engineering specifications and the Improvements shall not include Palomar Airport Road/El Camino Real intersection improvements or any improvements outside the City limits.
Development projects in the City of San Marcos have been sufficiently conditioned to
provide the needed facilities outside the Carlsbad city limits.
The Improvements are more specifically described and shown on the Improvement Description attached hereto as Exhibit ''B" and incorporated herein by this reference.
2.3 The cost of design and construction of the Improvements, as
hereinafter defined (the "Improvement Costs") is presently estimated to be Three Million
Eight Hundred Forty-Seven Thousand Five Hundred Fifty-Four Dollars ($3,847,554).
2.2
Estimate is subject to change based on result of design effort.
2.4 Contributing Owners agree to deposit additional funds or increase
This shall be done upon 30 days notice to the bonds if the estimate is increased.
Contributing Owners by the City.
3. Improvement Funding Sources.
3.1 City will make available all San Diego Regional TransNet Funds (Prop. A) allocated to this project. City agrees to use its best efforts to attempt to secure the maximum amount of such funds. The current programmed allocation is
estimated to be fifty percent (50%) of the total project cost, and is subject to change,
and is under the control of San Diego Association of Governments (SANDAG).
3.2 Contributing Owners will pay for the project by depositing cash with
the City in the aggregate amount of the actual cost minus the TransNet allocation, current estimate is One Million Nine Hundred Twenty-Three Thousand Seven Hundred
Seventy-Seven Dollars ($1,923,777) [Note: Subject to adjustment based on Sections 2.3
Improvements. The money will be deposited with City within thirty (30) days of written notice that the City Council has approved the plans and specifications and authorized the advertisement of bids for the project.
and 3J] for the purpose of assuring each Contributing Owners' advance funding of the
3.3 Contributing Owners shall deliver to City by May 24, 1990, one or more surety bonds substantially in the form attached hereto as Exhibit "C", (hereinafter the "Surety Bonds") in the aggregate amount of One Million Nine Hundred Twenty-Three
Thousand Seven Hundred Seventy-Seven Dollars ($1,923,777). The Surety Bonds shall be issued for the benefit of the City to guarantee Contributing Owners payment obligation under Section 3.2, unless the Surety Bonds are earlier released pursuant to Section 3.7
below.
3.4 Each Contributing Owner shall be individually responsible for its payment, Surety Bond and contribution in the amount set forth opposite its name on
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Exhibit t'Att hereto and shall have no liability for the failure of any other individual
Contributing Owner to make its payment provide its Surety Bond or any other obligation hereunder.
No award of a construction contract for the improvements will be made until such time as all funds are on deposit with the City. If funds have not been
deposited as required by this agreement, no further development or building permits will be issued.
3.5
3.6 The Surety Bonds shall have an expiration date no sooner than one
(1) year following completion and City acceptance of the Improvements. The City presently anticipates completing the design and commencing construction during the
second quarter of 1991 and completing construction during the first quarter of 1992
3.7 Notwithstanding Section 3.4 above, the Surety Bonds shall be earlier
released by the City and canceled upon the earlier to occur of the following:
(a) Substitution of another form of financial guarantee
reasonably acceptable to the City; including but not limited to; Community
Facilities District, hereinafter "CFD," 1913/15 Act Assessment District.
(b) Deposit of cash required for improvement and completion of project.
(4 Contributing Owners may substitute a cash deposit to its individual Surety Bond.
3.8 Provided the Surety Bonds have not been earlier released pursuant to
Section 3.7 above, the City may call the Surety Bonds to the extent funds are necessary to finance the Contributing Owners' share of the Improvement Costs which have not been
deposited as required by Section 3.2 or otherwise provide to City's satisfaction. City
shall first give each Contributing Owner and its Surety thirty (30) days prior written
notice of its intention to call the Surety Bonds.
4. Alternate Financing Sources.
City and Contributing Owners agree to use their best efforts to consider alternate financing sources which will finance the Contributing Owners' share of the
Improvements. Such alternate sources may include alternatives such as a City-Wide CFD
program, a Zone 5 CFD program or other financing alternatives. City and Contributing Owners will also investigate the feasibility of financing the Zone 5 park fee obligation
referenced in the existing Zone 5 Facilities Plan and equitably spread all Park Fee
related costs to all Zone 5 properties remaining to be developed. The purpose and intent is to attempt to substitute the alternate financing sources, as it relates to financing for the Improvements, for the Surety Bonds and the financial assurances of Contributing Owners herein.
5. Reimbursement Program.
5.1 The parties hereto acknowledge the need for an equitable reimbursement program to reimburse the Contributing Owners who actually contribute
funds to the construction of the Improvements, or to proportionately reduce the amount
of the Surety Bonds. The reimbursement program involves implementation by the City
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through its ordinances, policies and state law, and may include, but is not necessarily
limited to growth management and zone fees, subdivision exaction fees, benefit area fees
or other programs intended to reimburse Contributing Owners for any advances made that should be equitably spread on other undeveloped property.
5.2 City will use its best efforts to impose as a condition of approval of
all future development, including but not limited to zone plans and subdivision maps, to
the extent lawful and within its municipal powers, on each property, (other than the
property of Contributing Owners hereof), which impacts PAR East a fee or other
exaction representing each property's proportionate share of the llImprovement Costs1' as hereinafter defined. These fees shall be collected by City and when so collected shall be distributed to repay to the Contributing Owners their proportionate share of
Improvement Costs or to proportionately reduce the Surety Bonds, as the case may be. The City agrees to pay Contributing Owners or otherwise credit the Surety Bonds such
amounts collected within thirty (30) days of their receipt. This reimbursement program
shall remain in effect until the earlier of (a) the remaining reimbursement amount has been fully satisfied or (b) twenty (20) years from the execution of this Agreement.
6. Improvement Costs and Annual Adjustment.
6.1 llImprovement Costs" as used herein shall include, but are not limited to, costs for design, administration of construction contracts, and actual construction of the Improvements, less the City provided funds referred to in Section 3.1
above.
6.2 "Improvement Costs" shall be documented by copies of all invoices and payments and shall be based upon actual quantities of contract items constructed in accordance with the plans and specifications and contract unit prices.
6.3 City, as soon as practicable following completion of the
Improvements, will submit to the Contributing Owners an accounting of all Improvement
during the calendar year of completion and acceptance. Provided, however, commencing each January 1 thereafter, the Improvement Costs shall be increased based on any increases in the Construction Cost Index for the Los Angeles/San Diego area (1913 equal
loo), published by the Engineering News Record ("CCI") using the monthly index published immediately prior to each subsequent calendar year as the "comparison index." In no event shall the Improvement Costs as adjusted annually be less than that calculated for the preceding calendar year. The parties agree and acknowledge that this method of indexing Improvement Costs of construction using the CCI is fair and equitable to the other contributing parties as it most nearly reflects the actual cost of construction as may exist from time to time. In the event the CCI is discontinued, then
the City and Contributing Owners shall reasonably agree on a substitute index or method
of indexing for delayed future reimbursement payments.
Costs incurred for the Improvements. Said Costs shall be for any reimbursements made
7. Personal to Contributing Owners.
The parties acknowledge and agree that the obligations, reimbursement rights and entitlements provided for herein shall be personal to the Contributing Owners and such rights shall not, unless expressly assigned in writing by the Contributing Owners,
and such assignment is approved by the City, inure to the benefit of future owners or
transferees of all or any part of their respective properties. Liability under this
Agreement shall not be joint and several among the Contributing Owners, and each
participant shall be liable for its contributive share only as outlined on Exhibit "A"
hereto.
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8. Miscellaneous.
8.1 A demand upon payment or notice required or permitted to be given
by one party to the other shall be in writing and shall be deemed effective (a) on personal delivery (b) on the third business day after mailing by certified or registered United States mail, postage pre-paid, return receipt requested or (c) on the succeeding business
day after mailing by Express Mail or after deposit with a commercial delivery service of general use, all postage or fees pre-paid and addressed to the parties at the addresses below:
If given to Contributing Owners: At the addresses set forth on Exhibit ''A" hereto.
Luce, Forward, Hamilton & Scripps La Jolla Golden Triangle
4250 Executive Square Suite 700 La Jolla, CA 92037 Ronald W. Rouse, Esq.
City Manager City of Carlsbad
1200 Carlsbad Village Drive Carlsbad, California 92008
With a copy to:
If given to City:
Notice of change of address shall be given by written notice in the manner set forth in this paragraph only.
8.2 This Agreement constitutes the entire agreement among the parties hereto pertaining to subject matter hereof, and all prior and contemporaneous agreements, representations and understandings of the parties hereto or the written are hereby superseded and merged herein. No supplement, modification or amendment of this Agreement shall be binding unless in writing and executed by the parties hereto.
This Agreement shall be construed in accordance with and governed by the laws of the State of California. This Agreement shall be deemed made and entered into in San Diego County, which shall also be deemed to be the sole proper venue for any action or proceeding relating to the Agreement.
8.3
8.4 In the event any action shall be instituted in connection with this Agreement, the party prevailing in such action shall be entitled to recover from the other party of all its costs of action including reasonable attorneys' fees as determined
by the court, in addition to any other damages or remedies as to which said party is entitled.
8.5 Contributing Owners and City acknowledge that it may be necessary
to execute additional documents or other writings in order to perform this Agreement and in connection with determining the final Improvement Costs and/or the periodic adjustments thereto. City and Contributing Owners hereby agree to cooperate with each other by executing such other documents or taking such other action as may be
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reasonably necessary to provide for reimbursement of the Improvement Costs and for
completion of the construction of the Improvements.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
day and year first written above in counterpart signature pages.
CITY OF CARLSBAD, A Municipal Corporation of the State of California
By:
CONTRIBUTING OWNERS
See Exhibit "A1' signatures
APPROVED AS TO FORM";
ATTEST:
ANZ, City Clerk
stant City Clerk
/o/AGl llTAM/4-24-90
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NNANCC DEPARTMLNT
Aprll 26, 1990
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PILOWAR AI- k040 U$T 9 FAlmrUt PERFOMAM 1;010
Thr Clty Attorn hrr rskd that I forward t'ha attached standard Falth Perfammce Bond om ta ou 80 that you my sh8m It with your surety c
Individual contrlbutl
contact hlm at 4343-2891 or mo at 43h67.
Tan' substmtl8t Z y th@ Corn shown in the attachment. Pterrr dlrcust thfr with
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EXHIBIT A
Contributing Property Owners
Suretj
Contributing Owner Gross Acreage Percentage Alloc
Upland Industries Corporation 289.721 acres 50.13% $9
Carlsbad Airport Centre, Ltd. 204.769 acres 35.43% $6
Carlsbad Oaks East 69.758 acres 12.07% $2
Morgan/Palomar Industrial I 13.700 acres 2.37% $
577.948 100.00% $1,9
By their signatures below, the undersigned Contributing Owners enter into that ( Forward Funding, Mitigation and Reimbursement Agreement for the Cost of Engineeri Construction of Palomar Airport Road East (the "Agreement") and thereby agree to t
surety bonds and make such further payments as may be required pursuant to the Agreen
proportion to each Contributing Owner's percentage share as set forth above.
A-1
1) e
UPLAND INDUSTRIES CORPORATION, Address :
2390 Faraday Avenue
Carlsbad, CA 92008
a Nebraska corporation
ygz'gz'A-
By: L?&F-- F. K. Comptor
. E. Is0
Senior Vice President
Assistant Sew rmy
MORGAN/PALOMAR INDUSTRIAL I,
A CALIFORNIA LIMITED PARTNERSHIP
By: MORGAN CAPITAL FUNDING, INC.*
A California Corportaion
By: Gene Morgan, President
By:
Sherri Dorton, Secretary
By: MORGAN/CORNELL PARTNERSHIP
A California General Partnership
By: Gene Morgan, General Partner
By: Howard Cornell, General Partner
By: Carol Cornell, General Partner
A-2
@-I--'?,: 1; r=t] ; f, 1 *s; 121 3f11 "fF,Tl t,-r E, ;: &
$
UPLAND INDUSTRIES CORPOBATIOIO,
I Ncbrcrrkr wrpomtlon
13yI L. E. Own, Mnlor Vice hwIdsnt
P. g, Cornptm, w
Adshtant htUy
Address: MORGAN/PALOMAR INDUSTRIAL I,
Los Anqeles, CA 90012
800 West First St. I Plaza Level A CALIPORNLA LIMITED PARTNERSHIP
By: MORGAN CAPITAL FUNDING, INCq A Calif omir CatpoFtakn
Address: Ryt MORGAN/CORNELL PARTNERSHI'
12625 Hiqh Bluff Drive, #201 dffornfr General Putnmhlp
San Diego, CA 92130
w
.- ,,z,/-; ,--- q* -47 /-#
' 5owMZOenrrrl Fazz
By: c\4 S-QA
Carol Cormcil, GcnerPl Partner
A-t
e 0
Address :
1921 Palornar Oaks Way
Suite 300
Carlsbad, CA 92008
CARLSBAD AIRPORT CENTRE, LTD.,
a California limited partnership
by CARLSBAD AIRPORT ASSOCIATES,
a California general partnership,
its sole general partner by CENTRE
DEVELOPMENT, a California
corporation, general partner and
authorized agent of CARLSBAD AIRPORT ASSOCIATES
By:
Its:
Authorized Agent
CARLSBAD OAKS EAST, LTD., A CALIFORNIA LIMITED PARTNERSHIP
By: TECH CONSTRUCTION
CORPORATION, A CALIFORNIA CORPORATION AS GENERAL PARTNER
Paul K. Tchang, President
A- 3
e 0
CARLSBAD AIRPORT CENTRE, LTD., a California limited partnership
by CARLSBAD AIRPORT ASSOCIATES, a California general partnership,
its sole general partner by CENTRE
DEVELOPMENT, a California
corporation, general partner and
authorized agent of CARLSBAD AIRPORT ASSOCIATES
By:
Its:
Authorized Agent
Address :
3575 Kenyon Street
P.O. Box 80036
San Diego, CA 92110 By: TECH CONSTRUCTION
CARLSBAD OAKS EAST, LTD., A
CALIFORNIA LIMITED PARTNERSHIP
CORPORATION, A CALIFORNIA CORPORATION AS GENERAL
PARTNER g Paul I(. Tchang, P sident
*
I A-3
., m e
Exhibit B
Palomar Airport Road East Scope of Work
The design and construction of Palomar Airport Road from the intersection of Palomar Airport Road and El Camino Real to the Easterly City limits must include the
following improvements:
1.
2.
3.
4.
5.
Necessary environmental assessment and mitigation
Right-of-way acquisition to accommodate construction
Grading to full prime arterial standards (126 feet ROW)
Construction of four (4) paved travel lanes, two (2) in each direction
Eighteen (18) foot AC paved median with curb and gutter
6. Necessary intersection improvements including signal modifications at
Palomar Airport Road and El Fuerte
Sufficient roadway transitions to accommodate widening on El Camino Real to Palomar Airport Road
Construction of required drainage structures and shoulder protection
Any earthwork and grading necessary to accomplish needed roadway
construction
7.
8.
9.
0 e
EXHIBIT C
Surety Bond
See City of Carlsbad standard
Faithful Performance Bond
Attached here to
mITE IT - DON’T SAY (t!
Date September 21
~ Reply Wanted To Karen Hirata, Deputy City Attorney -
From Jim Elliott, Finance Director UNO Reply Necessary
The changes you requested with regard to the notarization of this documel
have been made.
Please review, approve and sign and return to me.
Thank you.
6
AIGNER FORM NO. 55 032