HomeMy WebLinkAbout1994-01-11; City Council; 12540; Update on CFD No. 2 & Approval of Agmt w/ Centex.
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TY OF CARLSBAD - A WDA BILL y"' B)
DEP
MTG. 1/11/94 NO. 2) RANCHO SANTA PE ROAD, AND APPROVAL OF CIT\
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AB ' - T'TLE: UPDATE ON COhMUNIlT FACILITIES DISTRICT (CFD
PEDAREii ACiEE-Eii WiTl tE"3 MAL ESTATE DEPT. CM CORPORATION, TERRA §ANTA FE CT 90-4 OJNIT I)
RECOMMENDED ACTION:
Adopt Resolution No. CiY- 18 authorizing the Mayor to execute a Prepayment Agree1
Adopt Resolution No. 4Y-lk authorizing the Mayor to execute a consultant agree
wkh Kadie-Jensen, Johnson and Bodnar for special tax consultant services for CFD N
ITEM EXPLANATION:
On September 14,1993, staff updated the City Council on the status of the efforts to c
property owners and staff have continued to work on the financing proposal in an effc
reach an agreement on a financing plan which will be presented to the Council at a f
meeting. Only a few issues remain outstanding at this time. The final financing pra
will be presented to the Council as soon as these issues can be resolved.
The purpose of this report is to update Council on the status of the Community Fac
District formation process, obtain Council approval of the Special Tax Consultant agree
and to ask Council to approve an agreement that will allow Centex Homes to prepay
obligation for Rancho Santa Fe and Olivenhain Roads related to the Tierra Santa Fe pi
CT 90-4 (Unit I), a 20-unit portion of the Ill-Unit Tierra Santa Fe project.
Status of formation process
Staffs primary goals in the past few weeks have been to tackle the last three issues f
the Rancho Santa Fe Road project. These are right-of-way, tax formula refinement
possible reimbursement of preliminary costs to Fieldstone.
At this time, the City Engineer is working with Fieldstone to secure adequate right-o
documents. The district formation process will not formally begin until the City Ens
is satisfied that the necessary right-of-way will be available for the project.
The tax issues have been reviewed by staff and our financial consultant. A meeti
property owners will be called for early February to review the modified tax proposa
the property owners agree with the modifications, staff will be prepared to recommen
financing structure to the Council.
The review of preliminary costs paid by Fieldstone has been underway for some time,
City is confident that the existing project cost estimates include adequate funding fc
reimbursement that may need to be paid by the district. Fieldstone has asked that this
be settled prior to district formation. Staff will be submitting a report on our revi
reimbursable costs to Fieldstone for comments, shortly.
a financing plan for Rancho Santa Fe and Olivenhain Roads. Since that meetin;
Calendar - The district formation schedule will depend on resolution of the above i
The Calendar staff is recommending to the City Council calls for approval of the prepa;
agreement between the City and Centex at this time, followed by the adoption
Resolution of Intention (ROI) to form the CFD upon resolution of outstanding issues
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PAGE TWO OF AGENDA BILL NO. 12; SYO
approval of the Prepayment Agreement will allow Centex to proceed with developmeni
the first phase of the Tierra Santa Fe project and provide the City with additional cash wh
can be used to fund the first phase of the Rancho Santa Fe Road project.
CFD law provides for two calendars for formation. The more common schedule calls for
adoption of the Resolution of Intention to form the District, followed in 30 to 60 days b
public hearing. The Council then sets a date for the election 90 to 180 days after the pul
of the property owners within the District have waived the 90- to 180-day waiting per
requirement. These two calendars are summarized below:
Optional Calendars for CFD Formation:
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hearing, A shorter calendar allows the Council to call for the election immediately if 10
Staff is still reviewing the pros and cons of recommending a District boundary map inch<
100% of the property conditioned with the guarantee of these roads. If 100% of all prop
owners waive the statutory waiting periods, the accelerated calendar becomes possible. V
the diversity of property ownership of the District, it is unlikely that the City will recei
in the Spring of 1994.
Prepayment Agreement - The attached Prepayment Agreement was drafted to allow tl
property owners with pending final maps to proceed through the approval proces2
prepaying their obligation for Rancho Santa Fe and Olivenhain Roads. This pregaymei
designed to cover their fair share of the costs even if the proposed CFD fails to be fon
The Agreement wouId dow the City to coUect a lump-sum fee prior to approval of a f
map for all units included in that final map and an additional amount from each equiva
waiver from all property owners, therefore it is most likely that a vote would be called
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PAGE THREE OF AGENDA BILL NO. I ai s yo
dwelling unit at building permit. The Prepayment Agreement requires the property own
to pay an amount that is in excess of the amount that would otherwise be required und
the CFD. This excess amount is necessary to finance the projects on a pay-as-you-go bar
in the event that the CFD is not formed. If the CFD is formed, the property owner w
receive a refund of any excess payments.
In approving the form of this Agreement the Council will be making two sign;f;cant finch
First, the prepayment of the property owneis fair share represents an adequate financi
guarantee under the Growth Management Program. This finding is based on the special ci
assumption that a CFD is in the formation process, and it is the CFD which actually provii
the financing guarantee. And Second (in the case of Unit I of the Tierra Santa Fe projec
the Council will find that the size of the proposed development (20 units) does not cre
a major impact on the existing facilities. The City Engineer agrees With these findings
they relate to this project.
FISCAL IMPACX
The funding of Rancho Santa Fe and Olivenhain Roads has been a major project for the C
for many years. The successful development of a financing plan that will support
improvements to these roads through a phased development program and a rational CFI
a significant accomplishment. The projects will cost about $37 million to construct (in 19
94 dollars), and will affect the development of about 2,400 acres of land in southc
Carlsbad.
The City's obligation for improvements is limited to the contribution of $6 million fi
Community Facilities District No. 1 to these projects, of which $300,000 has been transfei
into CFD No. 2 and appropriated to pay for the formation costs of the District (incluc
bond counsel and special tax consultant) and initial project costs. The remainder of
contribution will be timed to avoid conflict with other projects funded by CFD No. 1.
In July, 1993 Council authorized staff to work with bond counsel and a Special
Consultant in the formation of the District. Staff is now asking Council to approve
consultant services in an amount not to exceed $50,000. The funds for these services 1-
been previously appropriated.
In a pnor prepayment agreement the Council allowed California Pacific Homes to pre
$1,045,500 for 102 units to be constructed in Zone 11. The Tierra Santa Fe Unit I prc
represents an additional 20 units and a prepayment of $205,000 into the Rancho Santi
Road Project Account. The total received to date for construction of Rancho Santa Fe F
through prepayment agreements is shown in the table below:
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attached consultant agreement with Kadie-Jensen, Johnson and Bodnar for special
- Date Proiect y& Prepayment Amount
9/14/93 California Pacific Homes 1 02 $1,045,500
1/11/93 Centex - Tierra Santa Fe - 20 205,000
CT 85-9
CT 90-4 (Unit I)
122 $1,250,500 TOTAL =
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PAGE FOUR OF AGENDA BILL NO. I a! 54 0
EXHIBITS:
1. Resolution No. W-/8
2. Resolution No. 9Y- J?
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authorizing the Mayor to execute a Prepayment Agreemeni
authorizing the Mayor to execute an agreement with Kac
Jensen, Johnson & Bodnar to assist in the formation of a financing program for Ran
Santa Fe Road.
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RESOLUTION NO. 9 4 - 18
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING THE FORM OF A
RREPAYMENT AGREEMENT BETWEEN THE CITY OF
CARLSBAD AND CENTEX REAL ESTATE CORPORATION \
WHEREAS, the City of Carlsbad City Council has required that the fundin! ',
Rancho Santa Fe Road and Olivenhain Road (Project) must be guaranteed before
development takes place in the area bounded by Local Facilities Management Zone!
and 12, and portions of Zone 6, and
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WHEREAS, the Council had directed City staff to proceed with the formatioi
a Community Facilities District (CFD No. 2) to finance the Project, and
WHEREAS, although the Couhl anticipates that CFD No. 2 will be formed in
near future, the Council is willing to consider alternative financing proposals during
period from the present to the formation date of CFD No. 2, and
WHEREAS, such interim financing program will only be considered as long as
Council finds that the formation of CFD No. 2 isbroceeding in a reasonable manner,
WHEREAS, the Council finds that the formation of CFD No. 2 is proceedin;
,
a reasonable manner, and
WHEREAS, the Council finds that the guarantee provisions related to the Prc
may be met through an interim financing program using an agreement between cerl
property owners and the City whereby the property owner agrees to prepay hidher
share of costs associated with the Project, and
WHEREAS, Centex Real Estate Corporation (Centex) intends to build a 20-1
development in Local Facilities Management Zone 11, known as Tiema Santa Fe CT S
i (Unit I), and
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e 0 WHEREAS, the City Engineer has determined that, due to the size of the Cer
development, there will be no major impact on the circulation system at the present t
if the Centex qevelopment is allowed to proceed, and ,
WHEREAS, the Council finds that Centex may enter into the attached Agreen
to Pay Fair Share?j(Exhibit A) in satisfaction of their obligation under the Pro
financing conditions.\
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NOW THEREFORE BE IT RESOLVED by the City Council of the City of Carlsl
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California, as follows: '\
1.
2.
That the above recitations are true and correct.
That the form of\the PETITION, WAIVER AND CONSENT TO CREATI
OF A COMMUNITY FACILITIES DISTRICT AND AGREEMENT TO 1
FAIR SHARE, Exhibit A attached here to, is hereby approved.
That the Mayor is hereby authorized to enter into the agreement shc
in Exhibit A with Centex.
The amount that is immediately due and payable to the City by Cer
shall be equal to $205,000 (20 units @ $10,250 per unit), with additional payment
be made to the City as described in the attached agreement.
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4.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Counci
the day of , 1994, bythe following vote, to wit: I
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NOTES:
AYES:
ABSENT:
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CLAUDE A. LEWIS, Mayor
ATTEST:
I
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
0 e
RECORDING REQUESTED BY AND 1
WHEN RECORDED MAIL TO: 1
City Clerk 1
CIT!? OF CARLSBAD 1
1200 Carlsbad Village Drive 1
Carlsbad, CA 92008 1
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SPACE AJ3OvE THIS LINE FOR RECORDER'S
Parcel No.
PETITION, WAIVER AND CONSENT TO CREATION
OF A COMMUNITY FACILITIES DISTRICT
AND AGREEMENT TO PAY FAIR SHARE
WHEREAS, the undersigned Property Owner at this time is processir
development within the City of Carlsbad (hereinafter referred to as "City") a develop
project known and identified as Tentative Tract Map CT 90-4 Unit I (hereinafter ref
to as the "Project"); and
WHEREAS) City has determined this Project to be located withi]
boundaries of a proposed Community Facilities District known as Community Fac
District No. 2 - Rancho Santa Fe and Olivenhain Road (hereinafter referred t
"District"); and
WHEREAS) District is intended to be formed to finance those improven
generally described in Section 1 herein; and
WHEREAS) Property Owner desires to proceed with processing prior t
formation of District; and
WHEREAS) the Local Facilities Management Plans for Zones 11 anc
require the guarantee of construct;on of the segments of Rancho Santa Fe and Oliven
Roads described in Section 1 herein prior to the recordation of any final maps 01
1 icrrd-san td-fc. 12/16/93
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issuance of building permits within the zones; and
WHEREAS, condition numbers 56, 57 and 63 of Tentative Tract A
90-4 require that the Property Owner provide for the construction of certain
improvements including sections of Rancho Santa Fe Road; and
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WHEREAS, compliance with the applicable Local Facilities Manaj
Plans for Zones 11 and 12 and tentative map conditions is a condition of approval
final map for the Project; and
WHEREAS, the City and Property Owner desire to agree to an alt
method of financing the improvements described in Section 1 herein that will
Property Owner to discharge its fair share obligation for said improvements in
participation in District; and
WHEREAS, the City Council agrees that Property Owner, upon enteni
this agreement and upon payment of the fair share described herein, has m
requirement set forth in the Local Facilities Management Plan for Local Facilities
11 and 12, and related tentative map condition numbers 56,57 and 63 for Carlsbac
Map CT 90-4, Unit I, to provide a financial guarantee for the construction of
improvements described in Section 1 below; and
WHEREAS, Property Owner voluntarily enters into this agreement;
WHEREAS, the City Council has determined that due to the size I
proposed development, there will be no major impact on the circulation system
present time if development of the Project is allowed to proceed with sufficient fin
guarantees for future construction of Property Owner's fair share of the circu
improvements;
tierra-santa-fc. 12/16/93 2
0 N b, THEREFORE, in consideration of proceeding with the proces:
Prqject, the undersigned Property Owner hereby agrees and certifies to the follob
1. Property Owner hereby petitions the City for the initiati
proceedings for the formation of District which will cause the constmctio,
installation and/or financing of the following improvements which are more spec
described in Exhibit "B" attached hereto. These improvements are generally dez
as follows:
II-
a) Rancho Santa Fe Road North Phase 1 (RSF No. 1) La Costa P
to east of Mahr Reservoir
b) Olivenhain Road Widening, and intersection improveme
Olivenhain and El Camino Real
c) Rancho Santa Fe Road North Phase 2 (RSF No. 2) Phase 1 I
Melrose Drive
d) Rancho Santa Fe Road South (RSF So.) (Assumes Secondaryb
- Encinitas City Boundary to Olivenhain Road Full Improvementsl.
2. The cost of construction, engineering, legal and other inci
expenses will be funded by the District.
3. Property Owner acknowledges its right to notice of and partici
in all phases of formation under the "Mello-Roos Community Facilities Act of
expressly waives the proceedings required and all limitations contained in Title 5, DI
2, Chaptcr 2.5 of the California Government Code and nonetheless with full know
of such rights, completely and forever waives such rights. Specifically, Property (
hereby consents to the proceedings and waives any right to protest the formation
District and the ordering of the improvements under applicable California statutc
consents to and supports formation of said District. The City shall exclude Prl
tierra-santa-fe. 12/16/93
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e Owner from t d District boundary map if, prior to the adoption of a Resoli
Intention by the City Council to form said District, Property Owner has entered
agreement and has paid to the City all amounts due as described herein.
4. a) Property Owner agrees to pay to City its fair share
improvements described in paragraph one (I).
A
b) Said payment shall be made in the manner described in Ex
Rate arid Meihod for Deienniriirig Fair Share Obligation Raizcho Saiita Fe arid Oh
Road, which is incorporated herein by reference.
c) The amount of Property Owner's fair share will be conc
determined by the City Council in the manner described in Exhibit "A" attached
d) Payment by Property Owner of its fair share of improveme
as determined by City Council and set forth herein will satisfy its obligations
construction of the improvements described in paragraph one (l), as required
Local Facilities Management Plan for Zones 11 and 12 and Tentative Map C
condition numbers 56, 57 and 63, as these conditions apply to Unit E of CT 90-4,
to adjustment as described in Paragraph 9.
e) Alternatively, if the District is formed and Project is includec
it, Property Owner's obligations to pay its fair share pursuant to the agreement :
satisfied upon payment of all taxes imposed, established and payable to said Di:
Property Owner acknowledges that this agreement to pay its fa
and participate in the financing of improvements is voluntary and that withc
agreement Property Owner would be precluded from obtaining final map apprc
building and other development permits under the provisions of the General Plan, (
21.90 of the Carlsbad Municipal Code, applicable zone plan, financing plans and
documents until a satisfactory financing program had been developed to fu
5.
tierra-santa-le 12/16/93 4
d 0 construction of t improvements described in Section 1.
6. Property Owner hereby waives his right to challenge the an
establishment or imposition of said fair share and further waives any rights to pa
fair share under protest.
7. This agreement does not affect, in any way whatsoever, the oblii
of Property Owner to pay any other fees or assessments associated with Property 01
1.
development, Nor does this agreement relieve Property Owner from providing
public facilities required under conditions of the Local Facilities Management P1:
Zones 11 and 12 or placed upon tentative map CT 90-4 Unit I by the City.
8. Property Owner agrees that payment of its fair share is not a fe
waives any and all rights to notice of or challenges to the establishment or imposit
said fair share as a fee under provisions of Government Code sections 66000 & X
any successor or related statutes.
9. a) If the District is formed subsequent to the payment by Prc
Owner of the fair share pursuant to this agreement, Property Owner's financial oblig
shall be recalculated using the taxing formula established for the District. If
oldigation is din'crcnt from the amount previously paid by Property Owner to City
shall refund any excess, or Property Owner will pay to City any additional amoun
(Shortfall).
b) Any refund shall be made from funds available within District
District formation and shall not be an obligation of City's General Fund or other re\
sources.
c) In the event that insufficient funds are available from Dis
resources, Property Owners shall be reimbursed in the order in which funds
deposited with City as soon as sufficient funds become available, as determined b
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* City Council, th ough the payment of one-time taxes or annual undeveloped lar
to the District. The City is not required to establish an undeveloped land tax wi
District to provide such refund.
d) No reimbursement is required until the City Council determi
sufficient funds are available. Any refund to Property Owner shall not include ii
1.
e) If a shortfall exists, Property Owner shall be notified of the
of such Shortfall by the Finance Director via certified mail. The amount of said 5
shall be due and payable to City 30 days after the mailing of such notice. .
f) The computation of the amount of any Shortfall shall not
interest charges.
g) If no payment of the Shortfall is made by Property Ownel
ninety (90) days of notice of said Shortfall by the Finance Director, City may d
issuance of building permits and/or take any other action allowed by law to deny
development of property subject to this agreement and to collect such Shortfall inc
but not limited to, a lien on the property. City's recordation of a lien shall not a
ability to recover the Shortfall by other legal means concurrently, but no double r(
will be allowed. The cost of such collection shall be an obligation of Property Ow
shall be added to the amount of the Shortfall payment due City.
h) Any payment received by the City under this agreement 5
deposited in a special fund and may only be used to fund the construction of the fi
described herein. Upon the formation of a CFD to fund these same facilities any 2
remaining in the special fund may be transferred to the CFD Fund, at the discretior
Finance Director.
10. If the District has not been formed for any reason by January 1
the amount paid by Property Owner under this agreement shall represent PI
tierra-sanla-fe. 12/16133 6
0 0 Owner’s fair share cost for provision of those facilities described in paragraph one
no further payment will be due from or reimbursement due to Property Owner.
Compliance with this agreement will be accepted by City as an a1
to the method described in the current Local Facilities Management Plan for Zones
12 for financing the improvements described in paragraph one (1). This agreeme
not require City to issue building permits or other development permits or grant ap
or relieve Property Owner of the obligation to comply with all applicable provis
law, including but not limited to, Carlsbad Municipal Code Titles 18, 19, 20 and
Compliance with the provisions of this agreement is a conditio
future discretionary approvals for the Project. If Property Owner does not comp
11. 1.
12.
the provisions of this agreement, approval of the Project will not be consistent u
General Plan, the Growth Management Program, the Local Facilities Managemei
or the applicable financing plan for Zones 11 and 12 and all subsequent discre
approvals and permits for the Project shall be withheld by City.
13. In addition, the City will not approve any pending final map:
grading, building or other development permits or take any discretionary action UI
Property Owner has complied with the terms of this agreement due to be satisfied
time such approval is requested.
14. The City may, at its discretion, elect to pursue any remedy, 11
equitable against Property Owner and Property Owner‘s successors, heirs, assigr
transferees, with the exception of owners of individual lots for which building p
have been issued, to secure compliance with this agreement.
15. City shall not, nor shall any officer or employee of City, be liz
responsible for any loss or damage incurred by Property Owner or any successor or
of Property Owner, or by any occupant in Property Owner’s buildings, as a result
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c. exercise of any b emedies provided to City in this agreement. Property Owner a
-3 indemnify City for any liabilities incurred by City as a result of City's exercise 1 W
remedies.
16. This agreement and the covenants contained herein shall be
upon and inure to the benefit of the successors, heirs, assigns and transferees of E
Owner and City and shall run with the real property and create an equitable sc
upon the real property.
17. All notices provided for under this agreement shall be in writ
shall be delivered in person or served by certified mail postage prepaid. Delivery c
to Property Owner shall be presumed to have been made on the date of
regardless of receipt by Property Owner. Notices required to be given to Propertj
shall be addressed as follows:
Centex Real Estate Corporation
5962 La Place Court
Suite 250
Carlsbad, CA 92008
Notices to the City shall be delivered to the Finance Director,
Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA 92008.
Each party shall notify the other immediately of any change tha
require any notice delivered hereunder to be directed to another party.
18. This agreement shall be recorded but shall not create a lien or
interest in the property.
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ticrra-santd-fc. 12/16D3
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c 19. 'The undersigned further states, under penalty of perjury, that 1
.I owner of the property as described herein, or an authorized agent of the owner,
the authority to execute this document, including the binding authorizations he
W
Executed this day of , 19-.
PROPERTY OWNER
CENTEX REAL ESTATE, a Nevada Corporation corporation of the State of
(Name of Property Owner)
CITY OF CARLSBAD, a municip
California.
By:
CLAUDE A LEWIS, Mayor
By:
(sign here)
(print name here)
(title and organization of signatory)
By:
(sign here)
(print name here)
(title and organization of signatory)
(Notarial acknowledgment of execution by PROPERTY OWNER must be attachec
(President or vice-president and secretary or assistant secretary must si,
corporations. If only one officer signs, the corporation must attach a resolution c
by the secretary or assistant secretary under corporate seal empowering that of
bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
BY Deputy City Attorney
ticrra-santa-fc. 12/16/93 9
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RATE AND METHOD FOR DETERMINING
FAIR SHARE OBLIGATION
RANCHO SANTA FE AND OLNENHAIN ROAD
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The City Council shall use the following rate and method for determining the f2
obligation for funding the construction of Rancho Santa Fe and Olivenhain Road d
property conditioned to participate in the financing of these facilities. This calc
is done as part of an agreement titled PETITION, WAIVER AND CONSENT TO CRI
OF A COMMUNITY FACILITIES DISTRICT AND AGREEMENT TO PAY FAIR
(Agreement) which has been voluntarily entered into by the City of Carlsbad and
property owners wishing to proceed with the development of their property in i
of the creation of Community Facilities District No. 2 (CFD No. 2). It is the (
property owners intent to form CFD No. 2 to provide funding for those improi
described within the above referenced agreement.
The following rate and method shall be used to determine the fair share and amo
from any property owner wishing to take advantage of this alternate funding mecl
Bcisis for Cost Allocn fiori
The basis for allocation of costs to property conditioned with the financing
improvements described in the Agreement shall be the Equivalent Dwelling Unit
which is defined as follows for residential developments:
Residential EDU Allocation
Single Family - Detached Units 1.0 EDU
Single Family - Attached Units 0.8 EDU
Multi Family Units 0.6 EDU
The number of each type of unit included in a development shall be determined
City Engineer based on the most recent final map submitted to the City for appi
The EDU determination for non-residential development shall be made by tf
Engineer may request additional information from any property owner as n
necessary to make his determination. The City Engineer is not required to r
dctcrminiit ion oil thc niimlwr of EDUs for any projcct until adequaic informa
avail ab1 e.
The City Engineer's determination shall be submitted to the City Council in th
report accompanying the Agreement. The City Council shall make the final determi
of the number of EDUs to be used in computing the fair share obligation for any p
Engineer when such a determination is requested by the property owner. Ti
tierra-santa-lc. 12/16/93
Type of Unit
Single Family - detached units
Single Family - attached units
Multifamily Units
TOTAL
EDU per Cost per Units Amount
unit Unit Covered by Due
1.0 $10,250 20 $205,000
0.8 8,200 --- ---
0.6 6,150 --- ---
Agreement
20 $205,000
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RESOLUTION NO. 9 4 - 19
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, AUTHORIZING THE MAYOR
JOHNSON & BODNAR TO ASSIST IN THE FORMATION OF
A FINANCING PROGRAM FOR RANCHO SANTA FE ROAD
TO EXECUTE AN AGREEMENT WITH KADIE-JENSEN,
WHEREAS, the Council has directed City staff to proceed with the
formation of a Community Facilities District (CFD No. 2) to finance the
improvement of Rancho Santa Fe Road and Olivenhain Road (Project); and
WHEREAS, the City requires the services of a consultant to assist
in the development of the special tax formula, the evaluation of potential
cash flows and perform other services as necessary to the formation of the
financing program for the Project; and
WHEREAS, funds in the amount of $300,000 have previously
been appropriated for this and other purposes; and
WHEREAS, the City has selected Kadie-Jensen, Johnson & Bodnar
as the consultant firm to perform the financial services related to the Project
due to their specific knowledge and experience with the City and their
previous work on this Project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad, California, as follows:
1.
2.
That the above recitations are true and correct.
That the requirement for solicitation of multiple proposals i:
waived by the Purchasing Officer as provided in Section 3.28.150 of the
Carlsbad Municipal Code.
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3. That the fees and compensation for said services shall not exceec
$50,000 and shall be as described in the attached agreement (Exhibit A).
4. That the Mayor is hereby authorized to enter into the agreemeni
shown in Exhibit A with Kadie-Jensen, Johnson & Bodnar.
PASSED, APPROVED AND ADOPTED at a regular meeting of thf
J 1994, by the followinj City Council on the 1 1 th day of
vote, to wit:
JANUARY
AYES:
NOES: None
ABSENT: None
Council Members Lewis, Stanton, Kulchin, Nygaard
ATTEST:
(SEAL)
dlX6 d. L
ALETHA L. RAUTENKRANZ, City ClerlcJ
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AGREEMENT FOR CONSULTING SERVICES
THIS AGREEMENT, made and entered into as of the 13th day of JANUARY
19L4 by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referrec
as "City," and Kadie-Jensen, Johnson & Bodnar, Municipal Financing Consultants, 11
hereinafter referred to as "Consultant,"
RECITALS
City requires the services of a municipal financing consultant to provide assistance
developing the special tax formula, preparing cash flow analysis and providing other necess
assistance in the formation of a Community Facilities District or other financing program for
improvement of Rancho Santa Fe Road and Olivenhain Road and in the issuance of any rela
bonds or other indebtedness; and the Consultant possesses the necessary skills a
qualifications to provide the services required by the City.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants contain
herein, City and Consultant agree as follows:
1. CONSULTANT'S OBLIGATIONS
Consultant will provide consulting services to the City to assist in the development oi
special tax formula and preparation of cash flow analyses as well as other tasks as identified I
the Finance Director necessary to the formation of a Community Facilities District or ott-
financing program for the improvement of Rancho Santa Fe Road and Olivenhain Road.
2. CITY OBLIGATIONS
The City shall provide the background information necessary to prepare any requirc
documents and be available for questions and consultations.
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_. 3. PROGRESS AND COMPLETION
Due to the uncertainty of the timing of this project, the consultant will work at the direcl
and within the time schedule established by the Finance Director.
4. FEES TO BE PAID TO CONSULTANT
The t~tal shall not exceed the fee payable according to Paragraph 6, "Payment of Fe
up to a maximum of $50,000. No other compensation for services will be allowed except th
items covered by supplemental agreements per Paragraph 7, "Changes in Work."
5. DURATION OF CONTRACT
This agreement shall extend for a period of one (1) year from date thereof. The cont
may be extended for additional one (1) year periods or parts thereof, based upon satisfac
performance and the City's needs.
6. PAYMENT OF FEES
Fees for services will be based on the following hourly rates plus reimbursement for (
of-pocket expenses:
Consultant Barbara Hale-Carter
Consultant Carl Kadie
7. CHANGES IN WORK
$80 per hour
$130 per hour
If, in the course of the contract, changes seem merited by the Consultant or the City,
informal consultations with the other party indicate that a change in the conditions of the cont
is warranted, the Consultant or the City may request a change in contract. Such changes s
be processed by the City in the following manner: A letter outlining the required changes s
be forwarded to the City by Consultant to inform them of the proposed changes along wi
statement of estimated changes in charges or time schedule. A supplemental agreement s
be prepared by the City and approved by the City according to the procedures describe
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Carlsbad Municipal Code Section 3.28.1 72. Such supplemental agreement shall not rei
ineffective or invalidate unaffected portions of the agreement.
8. COVENANTS AGAINST CONTINGENT FEES
..
The Consultant warrants that their firm has not employed or retained any compan
person, other than a bona fide employee working for the Consultant, to solicit or secure
agreement, and that Consultant has not paid or agreed to pay any company or person, c
than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any c
consideration contingent upon, or resulting from, the award or making of this agreement.
breach or violation of this warranty, the City shall have the right to annul this agreement wit1
liability, or, in its discretion, to deduct from the agreement price or consideration, or other
recover, the full amount of such fee, commission, percentage, brokerage fees, gift, or contini
fee.
9. NONDISCRIMINATION CLAUSE
The Consultant shall comply with the state and federal laws regarding nondiscrimina
10. TERMINATION OF CONTRACT
In the event of the Consultant’s failure to execute, deliver, or perform the work as prov
for in this contract, the City may terminate this contract for nonperformance by notifying
Consultant by certified mail of the termination of the Consultant. The Consultant, thereupon,
five (5) working days to deliver said documents owned by the City and all work in progres
the Finance Director. The Finance Director shall make a determination of fact based upon
documents delivered to City of the percentage of work which the Consultant has perfori
which is usable and of worth to the City in having the contract completed. Based upon
finding as reported to the City Manager, the Manager shall determine the final payment oi
contract.
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.- 11. DISPUTES
If a dispute should arise regarding the performance of work under this agreement,
following procedure shall be used to resolve any question of fact or interpretation not other
settled by agreement between parties. Such questions, if they become identified as a pa
a dispute among persons operating under the provisions of this contract, shall be reduce
writing by the principal of the Consultant or the City Attorney. A copy of such documei
dispute shall be forwarded to both parties involved along with recommended method
resolution which would be of benefit to both parties. The City Attorney or principal receivinc
letter shall reply to the letter along with a recommended method of resolution within ten
days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outli
the dispute shall be forwarded to the City Council for their resolution through the Office o
City Manager. The City Council may then opt to consider the directed solution to the prob
In such cases, the action of the City Council shall be binding upon the parties involved, althc
nothing in this procedure shall prohibit the parties seeking remedies available to them at I;
12. SUSPENSION OR TERMINATION OF SERVICES
This agreement may be terminated by either party upon tendering thirty (30) days wr
notice to the other party. In the event of such suspension or termination, upon request o
City, the Consultant shall assemble the work product and put same in order for proper filing
closing and deliver said product to City. In the event of termination, the Consultant shall be
for work performed to the termination date; however, the total shall not exceed the lump sum
payable under paragraph 4. The City shall make the final determination as to the portior
tasks completed and the compensation to be made.
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.- - 13. STATUS OF THE CONSULTANT
The Consultant shall perform the services provided for herein in Consultant’s own
as an independent contractor and in pursuit of Consultant’s independent calling, and not a
employee of the City. Consultant shall be under control of the City only as to the result tc
accomplished, but shall consult with the City as provided for in the request for proposal.
The Consultant is an independent contractor of the City. The payment made to
Consultant pursuant to the contract shall be the full and complete compensation to which
Consultant is entitled. The City shall not make any federal or state tax withholdings on be
of the Consultant. The City shall not be required to pay any workers’ compensation insurz
on behalf of the Consultant. The Consultant agrees to indemnify the City for any tax, retiren
contribution, social security, overtime payment, or workers’ compensation payment which the
may be required to make on behalf of the Consultant or any employee of the Consultant for v
done under this agreement.
The Consultant shall be aware of the requirements of the Immigration Reform and Cor
Act of 1986 and shall comply with those requirements, including, but not limited to, verifying
eligibility for employment of all agents, employees, subcontractors and consultants that
included in this agreement.
14. CONFORMITY TO LEGAL REQUIREMENTS
The Consultant shall cause all drawings and specifications to conform to all applici
requirements of law: federal, state and local. Consultant shall provide all necessary suppor
documents, to be filed with any agencies whose approval is necessary.
The City will provide copies of the approved plans to any other agencies.
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.. 15. OWNERSHIP OF DOCUMENTS
All plans, studies, sketches, drawings, reports, programs, and specifications as t
required are the property of the City, whether the work for which they are made be execul
not. In the event this contract is terminated, all documents, plans, specifications, drav
reports, programs, and studies shall be delivered forthwith to the City. Consultant shall ha\
right to make one (1) copy of the documents for hidher records.
16. REPRODUCTION RIGHTS
The Consultant agrees that all copyrights which arise from creation of the work pur:
to this contract shall be vested in City and hereby agrees to relinquish all claims to
copyrights in favor of City.
17. HOLD HARMLESS AGREEMENT
The City, its officers, and employees shall not be liable for any claims, liabilities, pena
fines, or any damage to goods, properties, or effects of any person whatever, nor for per:
injuries or death caused by, or resulting from, any intentional or negligent acts, erroi
omissions of Consultant or Consultant’s agents, employees, or representatives. Cons1
agrees to defend, indemnify, and save free and harmless the City and its officers and emplc
against any of the foregoing claims, liabilities, penalties or fines, including liabilities or clair
reason of alleged defects in any plans and specifications, and any cost, expense Or attorr
fees which are incurred by the City on account of any of the foregoing.
18. ASSIGNMENT OF CONTRACT
The Consultant shall not assign this contract or any part thereof or any monies
thereunder without the prior written consent of the City.
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.. * 19. SUBCONTRACTING
No work shall be subcontracted under this contract without the prior written conser
the City with the exception of engineering work subcontracted to NBS Lowry at the conser
the Finance Director, If the Consultant shall subcontract any of the work to be performed UI
this contract by the Consultant, Consultant shall be fully responsible to the City for the acts
omissions of Consultant's subcontractor and of the persons either directly or indirectly emplc
by the subcontractor, as Consultant is for the acts and omissions of persons directly emplc
by consultant, Nothing contained in this contract shall create any contractual relation
between any subcontractor of Consultant and the City. The Consultant shall bind el
subcontractor and every subcontractor of a subcontractor by the terms of this contract applia
to Consultant's work unless specifically noted to the contrary in the subcontract in ques
approved in writing by the City.
20. PROHIBITED INTEREST
No official of the City who is authorized in such capacity on behalf of the City to negoti
make, accept, or approve, or take part in negotiating, making, accepting, or approving of
agreement, shall become directly or indirectly interested personally in this contract or in any
thereof. No officer or employee of the City who is authorized in such capacity and on beha
the City to exercise any executive, supervisory, or similar functions in connection with
performance of this contract shall become directly or indirectly interested personally in
contract or any part thereof.
21. VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer, agent, or employee of the C
oithor boforo, during or aftor tho oxecution of this contract, shall affect or modify any of the tel
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*- ,- .. or obligations herein contained nor entitle the Consultant to any additional payment whatso
under the terms of this contract.
22. SUCCESSORS OR ASSIGNS
Subject to the provisions of Paragraph 17, "Hold Harmless Agreement," all te
conditions, and provisions hereof shall insure to and shall bind each of the parties hereto,
each of their respective heirs, executors, administrators, successors, and assigns,
23. EFFECTIVE DATE
This agreement shall be effective on and from the day and year first above written.
25. CONFLICT OF INTEREST
The consultant shall file a conflict of interest statement with the city clerk in accord2
with the requirements of the City of Carlsbad conflict of interest code. The disclosure categc
shall be categories 1) Investment and Real Property Disclosure, 3) Business Entity Incc
Disclosure, and 4) Business Position Disclosure.
26. INSURANCE
The Consultant shall obtain and maintain policies of general liability insurance, automo
liability insurance, and a combined policy of worker's compensation and employers liak
insurance from an insurance company authorized to do business in the State of California wt
meets the requirements of City Council Resolution No. 91 -403 in an insurable amount of not I
than one million dollars ($1,000,000) each, unless a lower amount is approved by the (
Attorney or the City Manager. This insurance shall be in force during the life of this agreerr
and shall not be canceled without thirty (30) days prior written notice to the City sent by certil
mail.
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* The City shall be named as an additional insured on these policies. The Consultant sha
furnish certificates of insurance to t e City befor commencement of work.
Executed by Consultant this Adayof 1 Ah. , ig1qT’-”
CONSULTANT: CITY OF CARLSBAD, a municipal
corporation of the State of California KADIE-JENSEN, JOHNSON & BODNAR
\.
B. [>@&;&b i BY ARL KADIE, P ’
Mayor Kadie-Jensen, Johqson & Bodnar
ATTEST:
CRRL 42tH KADIE, Secreta+
u\ Kadie-Jensen, Johnson & Bodnar ALETHA L. RAUTENK
n- - ni-..~.
ZALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
Though statute does not require
fill in the data below, doing SI
invaluable to persons relying on tt
CORPORATE OFFICEF
personally appeared Carl Kadie 9 President
TITLE(S) NAME(S) OF SIGNER(S)
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by hidheritheir
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
ATToRNEY-’N-FACT
0 TRUSTEE@)
0 GUARIJAN/CONSERV,
OTHER:
SIGNER IS REPRESEN
Kadie-Jensen, Joh
--. .-. )
NAME OF PERSON(S) OR ENTITY(1
DATE OF DOCUMENT
01993 NATIONAL NOTARY ASSOCIATION s 8236 Remmet Ave., P.O. Box 7184 - Canoga P
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1 The City shall be named as an additional insured on these policies. The Consultant shall
furnish certificates of insurance to t e City befor commencement of work.
Executed by Consultant this \Adayof &% ,19_96-
CONSULTANT: CITY OF CARLSBAD, a municipal
corporation of the State of California
KADlE-JENSEN, JOHNSON & BODNAR
B BY
Kadie-Jensen, Johnson & Bodnar Mayor
ATTEST:
clhKh 43zW KADIE, Secretary v. - Kadie-Jensen, Johnson & Bodnar ALETHA L. RAUTENKRANZ
City Clerk
(Proper notarial acknowledgment of execution by CONSULTANT must be attached.)
APP OVED AS TO FORM:
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I//L/sy I
RON BALL
City Attorney
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