HomeMy WebLinkAbout1992-02-18; City Council; 11562; REIMBURSEMENT AGREEMENT FOR THE SOUTH AGUA HEDIONDA LIFT STATION AND FORCE MAINt . 0 0
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Environmental Review
The Planning Director has determined that this project has already been considl
conjunction with a certified Prior Environmental Compliance noticed on Septen
1991.
FISCAL IMPACT
The only fiscal impact is the staff time to process the reimbursement payments to I
Industries Corporation twice each year.
Maximum reimbursement costs eligible for reimbursement shall not exceed the fol
amounts without amendment of Benefit Area fees and this agreement:
j& Amount
SAH 3 $3,103,621
SAH 4 $ 560,000
SAHT 3A $ 103,000
SAHT 3B $ 617,000
Cost depicted for SAH 3 include cost for full Master Plan pump station not conten
for construction under this Agreement.
EXHIBITS
1.
2.
3. Resolution No.C?2-$/I approving a Reimbursement Agreement and auth
Exhibit A - South Agua Hedionda Interceptor System.
Exhibit B - Sewer Benefit Area Boundaries.
the Mayor to execute said Agreement.
4. Reimbursement Agreement.
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WSTA/CARLSBAD INTERCEPTOR
PROJECT NAME SOUTH AGUA HEDIONDA INTERCEPTOR REIMBURSEMENT AGREEMENT
I
EXHIBIT " B " 0 e
* 0 a
SEWER IMPROVEMENT REIMBURSEMENT AGREEMENT
THIS SEWER IMPROVEMENT REIMBURSEMENTAGREEMENT ("Agreement") is made an
entered into this Z?BG day of &_A 19- , by and between UPLANI
INDUSTRIES. CORPORATION, a Nebraskd dorporation ("Developer") and THE CITY 0
following facts:
CARLSBAO, a municipal cmpofation of the State of California ("City") with reference to th
RECITALS
A. On June 3, 1986, the City adopted Agenda Bill 8427-6 and Resolution No. 858
The Project shall impact th
(the "Resolution") approving Tentative Subdivision Map No, 85-24 in connection with the projec
known as Carlsbad Research Center Unit No. 5 (the "Project").
City's existing sewage disposal system.
B. Condition No. 54(a) of the Resolution requires compliance with the Master PI:
of Sewerage as a condition of Project approval and, specifically, provides as follows:
"In order for the 'Developer' to be in compliance
with the Master Sewer Plan, they must ultimately
make connection with the South Agua Hedionda
Trunk Line. Prior to final map developer must either
post a completion bond or actually construct the
work required."
' C. On May 7,1991 I City approved the recordation of the final subdivision map for Ur
5 of Carlsbad Tract (CT) No. 85-24.
D. Developer in conformance with the condition of approval for the "Project" h:
agreed to advance the cost of constructing sewer improvement serving areas of benefit beyor
the boundaries of Unit 5 of CT 85-24.
E. Pursuant to Resolution No. 91-21 adopted by the Carlsbad City Council c
January 22, 1991 City has implemented a plan for levying and collecting sewer benefit area fe
in order to fund improvements in various sewer benefit areas within the City of Carlsbad. Sc
plan is set forth in the December 1990 Update to the December, 1987 Master Plan of Sewerai
prepared by Wilson Engineering (the "Wilson Report") and is subject to further review ai
modification by City. The sewer benefit area fees in addition to sewer connection fees will I
collected by City from builders upon City's issuance of building permits.
F. City will utilize funds collected from such sewer benefit area fees to reimburse t
costs advanced hereunder by Developer.
NOW, THEREFORE, the parties hereto agree as follows:
1. Costs to be Reimbursed bv Citv.
a. SAHT 3A and 3B. Developer agrees to construct South Agua Hedionl
Trunklines (SAHT) 3A and 3B serving Sewage Benefit Area "F" as depicted on Exhibit "A and "
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and more particularly described on DWG 294-1 S Sheets 9-1 5.
SAH 3 and SAH 4. Developer further agrees to construct the South Agi
Hedionda Trunk Intercepter identified in the "Wilson Report" as SAH 3 and SAH 4 particular
described on DWG 294-1 S, Sheets 1-8 and 17. SAH 3 and SAH 4 are depicted on Exhibit A ar
will serve future development within Benefit Areas C, D, E and F depicted in the "Wilson Repoi
and on Exhibit B.
c. Permanent Facilities Reimbursed. Only permanent Master Plan facilitic
b.
shall be included for reimbursement, Interim pump station improvement shall be constructed
the sole expense of the "Developer".
d, Maximum Reimbursement, Costs eligible for reimbursement shall n
exceed the following amounts without amendment of Benefit Area fees and this agreement:
- Line Amount
SAH 3 $3,103,621
SAH 4 $560,000
SAHT 3A * $103,000
SAHT 3B $61 7,000
Cost depicted for SAH 3 include cost for full Master Plan pump station n
contemplated for construction under this Agreement.
Definition of "Work'. The various Items of construction and improveme
described in subsections (a) through (d) above are hereinafter collectively referred to as tt
"Work".
Reimbursement for Costs of Work. City shall reimburse "Developer" in tt
e.
f.
manner described in Section 2 below for the total eligible costs advanced by Developer for tt
work but not to exceed the amounts delineated in Paragraph (d) above.
Accountinq of Costs. When an item of the Work has been completed (i
described in Section 2(a) below), "Developer" shall present City with a complete and detailt
accounting of the costs and expenses advanced by "Developer" in connection with the Woi
Upon its receipt of a written request therefor from City, "Developer" will allow an audit of su(
costs and expenses to be prepared at "Developer's" expense by an accounting firm specified 1
City.
Nature of Reimbursable Costs. In addition to "hard" construction cos
such as materials, equipment and labor, the costs to be reimbursed hereunder shall include rig
of way acquisition costs and costs of obtaining property interests, engineering design ai
construction fees and permit fees advanced by "Developer". City shall not be required to pay
"Developer" interest upon costs or expenses advanced by "Developer" hereunder. The Ci
Engineer shall have the authority to establish reimbursable costs based upon informatic
obtained pursuant to Sections 1 (9) and 1 (h) of this Agreement. Notwithstanding the foregoin
if "Developer" disputes the City Engineer's determination of reimbursable costs or believes th
the sum established by the City Engineer is not consistent with the specific provisions of tt-
Agreement, then "Developer" may elect to (i) appeal the City Engineer's decision to the Ci
Council (and thereafter, at "Developer's" option, to a Court of proper jurisdiction) for fin
determination, or (ii) submit the dispute for the review and recommendation of a neutral ar
independent civil engineer qualified in engineering, design and construction and mutua
approved by City and "Developer"; provided, however, said engineer's recommendation shall t
non-binding and shall not preclude "Developer" from thereafter appealing the City Engineei
decision as described in item (i) above.
g.
h.
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2. Manner of Pavment.
a. Citv's Collection and Reimbursement. City shall collect sewer benefit arc
fees upon its issuance of all building permits in Sewer Benefit Areas C, D, E and F described
each item of the Work is completed and accepted by City as manifested by City's approval (
a notice of completion for said item then the City's reimbursement payment for said item is dL
31 (for sewer benefit area fees collected by City through the preceding June 30) and on eac
January 31 (for sewer benefit area fees collected by City through the preceding December 3
any such fees and accrued interest collected by City for building permits issued within the Bene
Areas, until "Developer" is fully reimbursed for the costs and expenses of the items of the Wo
as described above provided that City's liability under this agreement is limited to fees actual
received within the appropriate benefit areas.
Future Reimbursements. In the event future developers are called upc
to install master plan improvements within Benefit Areas C, Dl E and F and said improvemen
result in subsequent reimbursement agreements, the City shall apportion fees received
proportion to the original reimbursement amounts that each reimbursement agreement represen
to the total reimbursement amount for all reimbursement agreements outstanding.
Reimbursements shall be calculated by Benefit Areas separately utilizing facility costs benefitir
not subject to further challenge.
C. Formation of Assessment District. In the event an Assessment District
formed and in a position to proceed with the financing of the "Work" or portion of the "Work", tt
District shall acquire said "WorkE or credit "Developer" as determined appropriate by tt
Assessment Engineer.
upon which it is executed by City and shall terminate on January 1, 2020.
detail in the "Wilson Report" and depicted in the attached Exhibit "8" (the "Benefit Areas"), 1
and payable. Thereafter City shall pay to l'Developer1l in semiannual installments on each 3u
b.
each Benefit Area. The City's determination of reimbursement proportioning shall be final ar
3 Term of Agreement. The term of this Agreement shall commence on the da
4. Successors and Assigns. This Agreement shall inure to the benefit of, and shq
be binding upon, the assigns, successors in interest, personal representatives, heirs and legatec
of the parties hereto.
5. Entire Agreement. This Agreement shall constitute the entire agreement betwe<
the parties hereto with respect to the subject matter hereof superseding all negotiations pri
discussions, preliminary agreements or understandings, written or oral.
Attorneys' Fees. In the event of any litigation to enforce the provisions of th
Agreement, the prevailing party in such litigation shall be entitled to recover from the losing par
its expenses, attorneys' fees and costs incurred therein or in the enforcement of collection of ai
judgment or award rendered therein.
6.
7. Payments to "Developer". Any payments by City to "Developer" hereunder shl
be made payable to Upland Industries Corporation. Payment or notice required or permitt<
to be given by one party to the other shall be in writing and shall be deemed effective (a) (
personal delivery on the second business day after mailing by Certified or Registered Unit6
States mail, postage prepaid, return receipt requested or (b) on the succeeding business di
after mailing by Express Mail or after deposit with a commercial delivery service of general us
all postage or fees prepaid and addressed to the parties at the addresses below:
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If given to Developer: Upland Industries Corporation
c/o Union Pacific Realty Co.
3030 LBJ Freeway, Suite 1500
Triwest Plaza I
Dallas, TX 75234
With copy sent to: V.P & General Counsel
Union Pacific Corporation
Martin Tower
8th and Eaton Avenue
Bethlehem, PA 1801 8
City Engineer
2075 Las Palmas Drive
Carlsbad, CA 92009
If given to City: City of Carlsbad
Notice of change of address shall be given by written notice in the manner set forth in th
paragraph.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day ar
year first written above.
DEVELOPER: CITY OF CARLSBAD,
UPLAND INDUSTRIES State of California
CORPORATION, a Nebraska
corporation
A Municipal Corporation of the
By:- :;gLy,;:J& -1 B ' ,L.E. Olson,
Vice President
&G ATTEST:
Priscilla Dominguez
Assistant Secretary
APPROVED AS TO FORM:
VINCENT F. BIONDO, JR.
City Attorney
BY!!- ee Rautenkranz, City Clerk
By: Deputy LL City Attorney
L/ f7/97 .
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SATE OF CALIFORNIA ) ) ss.
COUNNOF c&k@&? ) 2 On J~IY~/LJ~~L Y 16 , 19gX before me, a Notary Public in and for said Statc
personally appeared L.E. ’OLSON, personally known to or proved to me on the basis (
satisfactory evidence to be the person who executed the within instrument as the Vice Presiden
and PRISCILLA DOMINGUEZ, personally known to me or proved to me on the basis c
satisfactory evidence to be the person who executed the within instrument as the Assistai
Secretary of UPLAND INDUSTRIES CORPORATION, the corporation that executed the withi
instrument and acknowledged to me that such corporation executed the within instrumer
pursuant to its By-Laws or a Resolution of its Board of Directors.
@f&lii2/,Q< /e, WITNESS my hand and official seal.
ot’a’rp-Public
My Commission Expires:
&A ,2( /?7\5-
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RESOLUTION NO. 92-57
A RESOLUTION OF THE CITY COUNCIL OF CARLSBAD,
CALIFORNIA AUTHORIZING THE MAYOR TO EXECUTE A
REIMBURSEMENT AGREEMENT BElWEEN THE CITY OF
CARLSBAD AND UPLAND INDUSTRIES CORPORATION
REGARDING THE CONSTRUCTION OF THE SOUTH AGUA
HEDIONDA LIFT STATION AND FORCE MAIN
WHEREAS, Carlsbad Tract No. 85-24 was approved by the Planning Commiss
City Council identifying the need to construct the South Agua Hedionda Lift Station an
Main; and
WHEREAS, the required improvements are necessary to provide adequatc
service to future development in the South Agua Hedionda Basin; and
WHEREAS, the improvements are required to be oversized to accommodat
sewer flows from development outside of the boundaries of Carlsbad Tract No. 85-2
WHEREAS, Upland Industries Corporation is desirous to enter into a reimbu
agreement with the City of Carlsbad in order to collect a fair share reimbursement fro
development which would benefit from the construction of this sewer facility; and
WHEREAS, the City Council determines that it is in the best interest of the City
into said agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of C
California that: -
1. That the above recitations are true and correct. I
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2. That it is in the best interest of the City to enter into said reimbursement ag
with Upland Industries Corporation for the construction of the South Agua H
Interceptor and Force Main.
Ill
Ill
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3. The City Council hereby Authorized the Mayor of the City of Carlsbad to e
said agreement.
~ PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City C
held on the 18th day of Februry , 1992 by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Larson, Stanton and
NOES: None
ABSENT: None
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk 1
(SEAL)
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