HomeMy WebLinkAbout1993-11-16; City Council; 12472; Discharge Of FIA No. 84-220618/3985 Park Dr..
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CPY OF CARLSBAD - AGEWA BILL
DISCHARGE OF FIA NO. 84220618
MR. AND MRS. WUTHMANN
3985 PARK DRIVE
RECOMMENDED ACTION: @IA 84-5 HOWARD-JONES)
Adopt Resolution No. 93-3i.3 accepting a single payment in the amount of $8,700 as fully
discharging Mr. and Mrs. Wuthmann’s financial obligations under FlA 84220618.
ITEM EXPLANATION:
A Future Improvement Agreement exists for providing public street improvements across
the frontage of the Wuthmann property. Those improvements are presently being
designed for inclusion in the next sidewalk construction project which is a part of the
overall City Sidewalk Program.
The Wuthmann’s are in the process of selling their home and want to discharge the
financial obligations of the FIA. Estimated construction costs are $8,700 and the owners
have agreed to said amount. The amount will be paid as a single payment and prior to
the opening date of construction bids which is expected to be received in approximately
six months.
FISCAL IMPACT:
The payment of $8,700 will offset the construction costs across the owners frontage. The
actual cost will be in accordance with construction bid prices received.
ENVIRONMENTAL:
The City Council has previously approved the sidewalk project with the associated
environmental approvals. A waiver of permit has been provided by the California Coastal
Commission.
EXHIBITS:
1. City Engineer’s letter dated October 19, 1993.
2. Location map.
3. Resolution No. ?3- 313 regarding staff’s recommendation accepting Mr. and
Mrs. Wuthmann’s signed agreement discharging their financial obligations under FIA
84-220618.
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October 19,1993 EXHIBIT 1
Deming & Cynthia Wuthmann 3985 Park Drive Carlsbad, CA 92008
CITY RESPONSE TO YOUR REQUEST FOR PARTIAL RELIEF OF FIA OBLIGATIONS
Dear Mr. and Mrs. Wuthmann:
I am responding to your letter of October 13,1993, in which you requested partial relief from the financial obligations required in the Future Improvement Agreement. As you know, pedestrian safety is an issue for school children in your area and one that is very high in priority for the City of Carlsbad. For that reason, we believe it is imperative that the improvements be implemented
as designed.
The cost estimate for your frontage improvements was again reviewed to determine lf the costs could be reduced. A refined cost estimate yielded an amount of 88,700 as the minimum cost to construct the required street improvements. This is the lowest “cash out” figure that I can recommend. No further cost reduction consideration can be given since the design would be compromised. if you choose this “cash out” option, I will forward it to the City Council for its consideration. The Council will either accept, reject, or modify the agreement. If the agreement is accepted by the City Council, the money would be paid to the City of Carlsbad as a single sum to fulfil1 your obligation.
The time of payment needs to be prior to the City receiving bids for the construction of the street improvements. lt is anticipated that the Cii will seek bids for the work within the next six months. lf you are not able to make the lump sum payment by the time of the official opening of the bids, then you will be obligated for the actual costs of construction which will be billed to you upon City Council acceptance of the completed project.
If these terms are agreeable, please sign below and return an original to this office. lf you have questions, please contact Al Virgilio at 438-l 161, extension 4384.
LBH:ANV:jb
c: City Engineer Assistant City Engineer Traffic Engineer Principal Civil Engineer, Walter Brown
We, Deming and Cynthia Wuthmann of 3985 Park Drive, agree to offer a one-time payment of $8,700 asm toEI satisfaction of our Future Improvement Agreement obligations as recorded in
2075 Las Palmas Dr. l Carlsbad, CA 92009-1576 - (619) 438-1161 l FAX (619) 438-0894
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LOCATION MAP
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SITE /
NOT TO SCALE
Cll-l OF OCEANSlOt
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PROJECT NAME PROJECT EXHIBIT
CITY SIDEWALK PROGRAM I I
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RESOLUTION NO. 93-313
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, REGARDING STAFF’S RECOMMENDATION ACCEPTING
MR. AND MRS. WUTHMANN’S SIGNED AGREEMENT DISCHARGING
THEIR FINANCIAL OBLIGATIONS UNDER FIA NO. 84-220618
WHEREAS, Deming and Cynthia Wuthmann have submitted a signed letter of agreement
to the City of Carlsbad for discharge of the financial obligations of an FIA recorded as No.
84220618; and
WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public
interest to accept said signed letter of agreement.
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 letter of agreement from Deming and Cynthia Wuthmann, dated October 19,
1993 to the City of Carlsbad, which is on file with the City Clerk and is incorporated herein by
reference, is accepted and that said $8,780 single payment must be submitted prior to opening
date for construction bids.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the 16th day of NOVEMBER , 1993 by the following vote, to wit:
AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finnila
NOES: None
ABSENT: None
ATTEST:
Dz& pp
ALETHA L. RAUTEN (S-L)
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November 23, 1993
Mr. and Mrs. Deming Wuthmann 3985 Park Drive Carlsbad, CA 92008
Re: Discharge of FIA No. 84-220618, 3985 Park Drive
The Carlsbad City Council, at its meeting of November 16, 1993, adopted Resolution No. 93-313, accepting a single payment in the amount of $8,700 as fully discharging Mr. and Mrs. Wuthmann's financial obligations under FIA 84-220618.
Enclosed is a copy of Resolution No. 93-313 for your records.
ALETHA L. RAUTENKRANZ, CMC City Clerk
ALR:ijp
Enclosures
1200 Carlsbad Village Drive - Carlsbad, California 92008-l 989 - (619) 434-2808 633