HomeMy WebLinkAbout1995-09-05; City Council; 13290; La Costa Downs AD 92-01 Final Public HearingCl- OF CARLSBAD -
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DEPT. ENG
ASSESSMENT DISTRICT NO. 92-1
IA COSTA DOWNS
FINAL PUBUC HEARING
1 INEPT. HD,$
RECOMMENDED ACTION:
1. Adopt Resolution No. $?fidc Approving Contracts for Ownership of Utility
Improvements.
2. Adopt Resolution No. $‘!ZJ& Confirming the Assessment, Ordering the Improvements
Made and Approving the Engineer’s “Report”.
3. Adopt Resolution No. m&Y Authorizing Issuance of Bonds and Approving Forms of
Bond Documents.
4. Adopt Resolution No. SJMAwarding the Contract for the Construction of Certain
Public Works of Improvement.
I ITEM EXPLANATION:
This project is located just east of Carlsbad Boulevard and immediately north of the Lanikai
Mobile Home Park. The purpose of this assessment district is to construct local streets
and all utilities for 40 single-family residential lots recorded in 1927.
Council previously adopted a Boundary map, declared its intention to order improvements
and sell bonds, advertised for construction bids, and held the first public hearing. The
results of the bids are as follows:
Basile Construction !$503,954.61
TNT Grading 505983.50
Shaw Equipment Rentals 521,275.55
L. R. Hubbard Construction 533,643.30
R. E. Hazard 586,067.50
Erreca’s 611,573.OO
The above results are after correcting math errors and are for Schedule A (base bid) plus
add Alternative II. Add Aiternative I (waterline in Ponto Drive) will not be awarded as it is
currently being installed by an adjacent developer to the north (Seapointe Resort).
References on the low bidder have been checked and are excellent. The award of contract
is subject to the sale of bonds. Construction is expected to begin in approximately 35-40
days.
The City’s contractor will trench and provide conduits and substructures for all franchise
utilities. San Diego Gas and Electric Company and MCI will charge the district for the cost
of their cabling and contracts for this have been submitted for approval. Pacific Bell and
Daniel’s Cablevision will not charge for their cabling work, but Pacific Bell has submitted
a contract for a small reimbursement to the district.
c
- . Page 2 of Agenda Bill No. 4290
The City received an excellent bid for the contract work and the utility work was also less
than the Engineer’s Estimate. Therefore, the confirmed assessment will be significantly
less than that contained in the preliminary Engineer’s Report. The details are presented
in the Engineer’s Report on file in the City Clerk’s Cffice and are summarized here:
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Construction Bid $679,624 $503,955
Franchise Utilities 142,000 94,762
Construction Contingency (15%) 123,244 89,808
II Incidental Costs I ~~ 222,430 -1 202,486 II I I
Bond Discount I 30,000 I 30,000
Credits (37,662) (37,662)
.: .:. : .! .:. ‘~B~~~~~~~r;EssMENr~:~~~~~~:,~i~,- ~:~:;l~~:~~~~~~~~,~~~,~,~~:~~.~~~~.~:~~~~~~~~~~~~~~~:.~,~,~:~,: : . . . . :..:. : :. : :,.:. ::.: ::,.:. :..:. :: : ..: : : : . . . . .: / / : : : :
All rights-of-way required for this project have been obtained. Portions of La Costa
Boulevard not required for this project are in process of being vacated. This action will
take place at a future public hearing.
Owners of the lots in this proposed assessment district are eager for the district to be
formed. The City has received petitions in favor of the district from 100% of the owners.
The property within the proposed assessment district was appraised. The overall district
value-to-lien ratio exceeds 4: 1,
FISCAL IMPACT:
The La Costa Downs Assessment District Engineer’s Report shows an estimated cost of
$883,349 for construction and other expenses. Property owners will receive a credit on
their assessment for previous contributions totaling $23,500 for the appraisal and
assessment engineering services. All other costs will be funded from the sale of the 1911
Act Bonds.
Property owners will have 30 days after the confirmation of assessments to pay all or part
of their assessment in cash, thus saving financial costs. Bonds with a 15 year term will be
sold for the remaining assessments. One bond will be issued for each of the 40 lots with
the bond equal to the unpaid assessment on each lot. A lien in the amount of the unpaid
assessment is also placed on each parcel.
Property owners will pay the principal and interest on their property’s bond on a bi-annual
basis. Although the interest rate will not be known until the bonds are issued, a property
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Page 3 of Agenda Bill No. ~~ 290
owner could expect to make annual debt service payments of approximately $3,100 at 9%
interest rate. Delinquent property owner assessments for bond payments are subject to
a 2% penalty per month.
After issuance of the bonds, the General Fund will receive $30,000 for administrative costs
associated with the assessment district, The funding will reimburse the Cii for staff time
incurred with the district and bond issue. The General Fund will also receive payment for
plan check fees, construction inspection, and other costs related to the district after the
bonds are sold.
EXHIBITS:
1.
2.
3.
Location map.
Order of Procedure.
Resolution No. pm&@ A pproving Contracts for Ownership of Utility Improvements
(copy of contracts attached)..
4.
5.
6.
Resolution No. S-J&~ Confirming the Assessment, Ordering the Improvements
Made and Approving the Engineer’s “Report”.
Resolution No. m&7 Authorizing Issuance of Bonds and Approving Form of Bond
Documents (copy of draft Bond Contract and Bond Indenture attached).
Resolution No. s-&&Awarding the Contract for the Construction of Certain Public
Works of Improvement.
7. Engineer’s Report (on file in the City Clerk’s office).
0. Assessment Diagram (on file in the City Clerk’s office).
9. Plans, Specifications and Estimate (on file in the Engineering Department).
10. Construction Bids (on file in the Engineering Department).
LANIKAI LANE
MOBILE HOME PARK
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L/r CONNECT8 LOT8 UNOER
COMMON OWNER8HlP City of CuisW
ORDER OF PROCEDURE
CITY OF CARLSBAD
ASSESSMENT DISTRICT NO. 92-1
(LA COSTA DOWNS)
DATE OF SECOND PUBLIC HEARING: SEPTEMBER 5, 1995
PUBLIC HEARING HEARING REQUIRED PURSUANT TO THE “MUNICIPAL
FOR CONSIDERATION: IMPROVEMENT ACT OF 1913”
MAYOR: Announce that this is the time and place fixed for the second of two (2) public hearings
relating to the proceedings for the formation of ASSESSMENT DISTRICT NO. 92-1 (LA
COSTA DOWNS).
CITY CLERK: Announce that notice of the Public Hearings has been given as required by law and a
Certificate of Compliance is on file certifying the following:
- Mailing notice to property owners within the District
- Filing proposed boundary map in office of County Recorder
- Publication of Notice Inviting Sealed Bids
STAFF:
MAYOR:
- Explain purpose for Public Hearing.
- Describe improvements and boundaries of District.
- Present and summarize “Report”.
- Presentation of utility agreements.
- Explain method and formula of assessment spread.
- Report on number of protests (% of area) received.
d General summary.
END OF STAFF REPORT - OPEN FOR PUBLIC DISCUSSION
ASK EACH SPEAKER TO IDENTIFY THEMSELVES AND THEIR PROPERTY.
First, ask to hear from anyone who wishes to speak against the improvement, the
Assessment District, or the method of spread.
Then, ask to hear from anyone who wishes to speak in favor of the proceedings.
STAFF: - Report on final percentage of protests (Oh of area) received.
- Presentation of any proposed changes or modifications to the Engineer’s “Report”
and the Assessment District.
CITY COUNCIL: Discussion.
MAYOR: Declare Public Hearing CLOSED. EXHIBIT 2
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ORDEROFPROCEDURE
CITY OF CARLSBAD
ASSESSMENT DISTRICT NO. 92-1
(IA COSTA DOWNS)
PAGE TWO
DATE OF PUBLIC HEARING: - SEPTEMBER 5, 1995
CITY COUNCIL:
CITY COUNCIL:
CITY COUNCIL:
CITY COUNCIL:
IF THE LEGISLATIVE BODY WISHES TO PROCEED:
Adopt RESOLUTION APPROVING UTILITY CONTRACTS: Formal action approving
contracts for the ownership of certain utility improvements.
Adopt RESOLUTION CONFIRMING ASSESSMENTS: Formal action ordering the
improvements, confirming the assessments and approving the final Engineer’s “Report”.
Adopt RESOLUTION AUTHORIZING ISSUANCE OF BONDS: This Resolution
authorizes the issuance of bonds to finance the improvements.
Adopt RESOLUTION AWARDING CONSTRUCTION CONTRACT: The adoption of this
Resolution awards the construction contract to the lowest responsible bidder.
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RESOLUTION NO. 95-245
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA,APPROVING CONTRACTS FOR OWNERSHIP OF UTILITY IMPROVEMENTS
WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD,
CALIFORNIA, has, pursuant to the provisions of the tlMunicipal
Improvement Act of 1913", being Division 12 of the Streets and
Highways Code of the State of California, by adoption of its
Resolution of Intention, declared its intention to order the
installation of certain works of improvement, together with
appurtenances, in a special assessment district known and
designated as ASSESSMENT DISTRICT NO. 92-1 (LA COSTA DOWNS)
(hereinafter referred to as the "Assessment DistrictI'); and,
WHEREAS, Streets and Highways Code Section 10110 specifies
that before ordering any improvements which are to be owned,
managed or controlled by another public agency or public
utility, an agreement is required setting forth the terms and
conditions of the installation, ownership, management and
financing of the improvements; and,
WHEREAS, at this time, contracts have been submitted and
reviewed pursuant to the authorization of Section 10110 of said
Streets and Highways Code.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1. That the above recitals are all true and
correct.
SECTION 2. That the agreements, herewith submitted,
relating to the installation of certain utility improvement
facilities that will be (a) under the ownership, management and
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control of another public agency or regulated public utility,
and (b) the costs for those facilities will be assessed to
benefiting properties, as submitted, are hereby approved. For
particulars as to the specific improvements and related
ownership, reference is made to the t'Reporttt of the Engineer as
on file, and for all particulars reference is made copies of
said agreements also on file and open for public inspection.
SECTION 3. The Agreements, as approved, are hereby
authorized for execution by the Mayor and City Clerk.
Immediately upon execution, conformed copies of said Agreements
shall be transmitted to the offices of the respective public
agency or utility company, together with a copy of this
Resolution.
APPROVED and ADOPTED this 5th dday/?of/ S I
1995.
ATTEST:
a&& A. CITY CLERK CITY OF CARLSBAD STATE OF CALIFORNIA
CITY OF CARLSBAD STATE OF CALIFORNIA
. STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CARLSBAD
I, ALETHA RAUTENKRANZ, CITY CLERK of the CITY OF CARLSBAD,
CALIFORNIA, DO HEREBY CERTIFY that the foregoing Resolution,
being Resolution No. 95-245 , was duly passed, approved and
adopted by the City Council, approved and signed by the Mayor, 7 II and attested by the City Clerk, all at the regular meeting of
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said City Council held on the 5th day of September I
1995, and that the same was passed and adopted by the following
vote:
AYES: COUNCIL MEMBERS Lewis, Nygaard, Finnila, Hall
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS Kulchin
14 II ABSTAIN: COUNCIL MEMBERS
EXECUTED this 7th day of September , 1995, at
Carlsbad, California.
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18 CITY CLERK
19 CITY OF CARLSBAD STATE OF CALIFORNIA
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RESOLUTION NO. g5-246
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, CONFIRMING THE ASSESSMENT, ORDERING THE IMPROVEMENTS MADE, TOGETHER WITH APPURTENANCES, AND APPROVING THE ENGINEER'S "REPORT"
WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD,
CALIFORNIA, has previously adopted its Resolution of Intention
and initiated proceedings for the installation of certain public
works of improvement, together with appurtenances and
appurtenant work, including acquisition where appropriate, in a
special assessment district pursuant to the terms and provisions
of the "Municipal Improvement Act of 1913", being Division 12 of
the Streets and Highways Code of the State of California, said
special assessment district known and designated as ASSESSMENT
DISTRICT NO. 92-l (LA COSTA DOWNS)(hereinafter referred to as
the "Assessment District"); and,
WHEREAS, pursuant to said Resolution of Intention, a
"Report", as therein provided, was presented, considered and
approved; and,
WHEREAS, said "Report", as preliminarily approved, contained
all the matters and items called for by law and as pursuant to
the provisions of said "Municipal Improvement Act of 1913",
including the following:
1. Plans and specifications of the proposed improvements;
2. Estimate of cost;
3. Diagram of Assessment District;
4. An assessment according to benefits;
5. A description of the works of improvement; and,
WHEREAS, notices of said hearing were regularly mailed in
1 the time, form and manner required by law and as evidenced by
2 affidavits on file1 with the transcript of these proceedings,
3 and at this time all protests have been heard and considered,
4 and a full hearing has been given, all in the manner provided by
5 law; and,
6 WHEREAS, at this time it is determined that the owners of
7 one-half (l/2) of the area assessed for the cost of the project
8 did not file written protests against the said proposed
9 improvements and acquisition where appropriate, and this
10 legislative body did, after providing a full hearing, overrule
11 and deny all protests and objections; and,
12 WHEREAS, this legislative body is now satisfied with the
13 assessment and all matters contained in the ttReporttt as now
14 updated and submitted.
15 NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
16 RECITALS
17 SECTION 1. That the above recitals are all true and
18 correct.
I/ 19 PROTESTS
20 SECTION 2. That all protests and objections of every kind
21 and nature be, and the same hereby are, overruled and denied,
22 and it is further determined that said protests and objections
23 are made by the owners of less than one-half of the area of
24 property to be assessed for said improvements within said
District.
1 BENEFITS RECEIVED
2 SECTION 3. That it is hereby determined that all properties
3 within the boundaries of the Assessment District receive a local
4 and direct benefit from the works of improvement as proposed for
5 said Assessment District, and it is hereby further determined
6 and declared that all assessable costs and expenses have been
7 apportioned and spread over the properties within the boundaries
8 of the Assessment District in direct proportion to the benefits
9 received thereby.
10 PUBLIC INTEREST AND CONVENIENCE
11 SECTION 4. That the public interest and convenience require
12 the proposed improvements to be made, and therefore it is hereby
13 ordered that the work be done and improvements be made, together
14 with appurtenances and appurtenant work in connection therewith,
15 including acquisition where appropriate, in said Assessment
16 District, as set forth in the Resolution of Intention previously
17 adopted and as set forth in the "Report" presented and
18 considered, and as now approved.
19 ENGINEER'S "REPORT"
20 SECTION 5. That the "Report" of the Engineer, as now
21 submitted, updated and amended as appropriate, is hereby
22 approved and said "Report" shall stand as the "Report" for all
23 future proceedings for this Assessment District.
24 CONFIRMATION OF ASSESSMENT
25 SECTION 6. That the assessments, as now filed in the
26 Engineer's "Report" and diagram for the improvements, together
27 with appurtenances and appurtenant work in connection therewith,
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The assessments contained in the final
Engineer's ttReporttt are hereby levied and approved as follows:
A. The final assessments to represent the costs
and expenses to finance the public works of improvement, as
;authorized for these proceedings.
B. The annual assessment to pay for
administrative costs in an amount not to exceed the maximum
annual assessment as set forth in said ttReporttt.
RECORDATION OF ASSESSMENT
SECTION 8. That the City Clerk shall forthwith deliver to
the Superintendent of Streets the assessment, together with the
diagram attached thereto and made a part thereof, as confirmed,
with'his certificate of such confirmation attached and the date
thereof; and that said Superintendent of Streets shall then
immediately record said diagram and assessment in his Office in
a suitable book to be kept for that purpose and attach thereto
his certificate of the date of such recording.
COUNTY RECORDER NOTICE
SECTION 9. Upon confirmation of the assessments and
recordation of the assessment roll and diagram, a certified copy
of the assessment diagram shall be immediately filed in the
Office of the County Recorder. Immediately thereafter, a copy
of the notice of assessment shall be recorded in the Office of
the County Recorder in the manner and form as set forth by law
and specifically Section 3114 of the Streets and Highways Code
of the State of California.
MAILED NOTICE
SECTION 10. That upon recordation of the diagram and
assessment, a notice shall be mailed to each owner of real
property within the Assessment District at his last known
address, as said address appears on the last equalized tax rolls
of the County, said notice to set forth a statement containing
a designation of the property assessed, as well as the amount of
the final confirmed assessment, and further indicating that
bonds will be issued pursuant to the "Improvement Act of 1911".
PUBLICATION
SECTION 11. That notice shall also be given by publication
in the designated legal newspaper, said notice setting forth the
amount of the final assessment and indicating that said
assessment is now due and payable, and further indicating that
if said assessment is not paid within the allowed thirty (30)
day cash collection period, bonds shall be issued as authorized
by law.
No publication shall be required if all (100%)
of the assessed property owners have timely filed a properly
executed waiver of the cash collection period.
ASSESSMENT COLLECTION AND BOND SERVICE
SECTION 12. TheTreasurer is hereby authorized anddirected,
in accordance with the applicable provisions of "Improvement Act
of 1911", being Division 7 of the Streets and Highways Code of
the State of California, to perform the following:
A. To prepare and mail the appropriate semi-
annual billing slips to all property owners within the
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boundaries of the Assessment District advising them of their
unpaid balance and the date for the annual submittal.
B. Upon collection of all monies, to timely
transmit payment to all registered bondholders at the respective
name and addresses as set forth in the bond register on file in
the Office of the Treasurer.
C. To prepare a BOND REGISTER book setting
forth names and addresses of bondholders and further setting
forth all information regarding collection of and payment on all
unpaid special assessments.
ASSESSMENT DISTRICT FUNDS
SECTION 13. The Treasurer is hereby authorized atthistime,
if not previously done, to establish the following funds as
necessary for the payment of costs and expenses and
administration of the proceedings for this Assessment District:
A. IMPROVEMENT FUND: All monies received from
cash collections, proceeds from the sale of bonds and applicable
contributions shall be placed into the Improvement Fund.
B. REDEMPTION FUND: All monies received from
the payment of assessments shall be placed in the Redemption
Fund.
For particulars as to the administration and
handling of the Funds, the specific terms and conditions shall
be set forth in a Bond Indenture to be approved by the
subsequent adoption of a Resolution Authorizing the Issuance of
Bonds.
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APPROVED and ADOPTED this
1995.
CITY OF CARLSBA6 STATE OF CALIFORNIA
ATTEST:
cl-Gdd!+ CITY CLERK ' CITY OF CARLSBAD STATE OF CALIFORNIA
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STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CARLSBAD
I, ALETHA RAUTENKRANZ, CITY CLERK of the CITY OF CARLSBAD,
CALIFORNIA, DO HEREBY CERTIFY that the foregoing Resolution,
being Resolution No. 95-246 , was duly passed, approved and
adopted by the City Council, approved and signed by the Mayor,
and attested by the City Clerk, all at the regular meeting of
said City Council held on the 5th day of September I
1995, and that the same was passed and adopted by the following
vote:
AYES: COUNCIL MEMBERS Lewis, Nygaard, Finnila, Hall
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS Kulchin
ABSTAIN: COUNCIL MEMBERS
EXECUTED this 7th day of September , 1995, at
Carlsbad, California.
. - CITY CLERK CITY OF CARLSBAD STATE OF CALIFORNIA
RESOLUTION NO. 95-247
2 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING ISSUANCE OF BONDS AND APPROVING
3 FORMS OF BOND DOCUMENTS FOR A SPECIAL ASSESSMENT DISTRICT
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WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD,
CALIFORNIA, is conducting proceedings for the installation of
certain public improvements in a special assessment district
pursuant to the terms and provisions of the "Municipal
Improvement Act of 1913", being Division 12 of the Streets and
Highways Code of the State of California, said special
assessment district known and designated as ASSESSMENT DISTRICT
NO. 92-l (LA COSTA DOWNS) (hereinafter referred to as the
I'Assessment District8'); and,
WHEREAS, this legislative body has previously declared in
its Resolution of Intention to issue bonds to finance said
improvements, said bonds to issue pursuant to the terms and
provisions of the "Improvement Act of 1911", being Division 7 of
said Code; and,
WHEREAS, at this time this legislative body is desirous to
set forth the general terms and conditions relating to the
authorization, issuance and administration of said bonds; and,
WHEREAS, there has been presented, considered and is ready
for approval a bond indenture setting forth the terms and
conditions relating to the issuance and sale of bonds; and,
WHEREAS, there has been presented for consideration by this
legislative body a form of Bond Purchase Contract authorizing
the sale of bonds to Stone & Youngberg, the designated
underwriter; and,
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. ( 1 WHEREAS, this legislative body hereby determines that the
2 unpaid assessments shall be specifically in the amount as shown
3 and set forth in the Certificate of Paid and Unpaid Assessments
4 as certified by and on file with the Treasurer, and for
5 particulars as to the amount of said unpaid assessments, said
6 Certificate and list shall control and govern.
7 NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
8 RECITALS
9 SECTION 1. That the above recitals are true and correct.
10 BOND AUTHORIZATION
11 SECTION 2. That this legislative body does authorize the
12 issuance of special assessment bonds in an aggregate principal
13 amount not to exceed the aggregate principal amount of the
14 unpaid assessments pursuant to the terms and provisions of the
15 "Improvement Act of 1911", being Division 7 of the Streets and
16 Highways Code of the State of California, and also pursuant to
17 the specific terms and conditions as set forth in the Bond
18 Indenture presented herein.
19 BOND INDENTURE
20 SECTION 3. That the Bond Indenture is approved substantially
21 in the form presented herein. The Finance Director is hereby
22 authorized and directed for and on behalf of the City to execute
23 the Bond Indenture with such additions thereto or changes
24 therein as may be approved by the Finance Director, subject to
25 the review of Bond Counsel, such approval by the Finance
26 Director to be conclusively evidenced by the execution and
27 delivery thereof. A copy of said Bond Indenture shall be kept
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Zen file with the transcript of these proceedings and open for
I public inspection.
BOND PURCHASE CONTRACT
SECTION 4. That the Bond Purchase Contract as submitted by
Stone & Youngberg, the designated underwriter, is hereby
approved substantially in the form presented herein. The Finance
Director is hereby authorized and directed for and on behalf of
'the City to evidence the City's acceptance of the terms and
provisions of the Bond Purchase Contract in the form presented
'to the City Council at this meeting, with such changes therein
as are approved by the Finance Director, such approval by the
Finance Director to be conclusively evidenced by the execution
and delivery thereof; provided, however, the Finance Director
shall execute the Bond Purchase Contract only if the aggregate
principal amount of the Bonds is equal to the unpaid assessments
within the Assessment District, the underwriter's discount does
not exceed $30,000.00 and the interest rate on the Bonds shall
not exceed nine percent (9%) per annum.
FINAL BOND DELIVERY
SECTION 5. No further action will be required by this
legislative body if the bonds are priced, sold and delivered on
or prior to December 31, 1995.
FINAL ASSESSMENTS
SECTION 6. That the Certificate of Paid and Unpaid
Assessments, as certified by the Treasurer, shall remain on file
in that office and be open for public inspection for all
particulars as it relates to the amount of unpaid assessments to
secure bonds for this Assessment District.
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1995.
4TTEST:
OTHER ACTS
SECTION 7. All actions heretofore taken by the officers and
agents of the City with respect to the sale and issuance of the
bonds are hereby approved, confirmed and ratified, and the
Finance Director and any and all other officers of the City are
hereby authorized and directed, for and in the name and on
behalf of the City, to do any and all things and take any and
all actions relating to the execution and delivery of any and
all certificates, requisitions, agreements and other documents
which they may deem necessary or advisable in order to
zonsummate the lawful issuance and delivery of the bonds in
accordance with this resolution.
APPROVED and ADOPTED this
CITY OF CARLSBAD STATE OF CALIFORNIA
CITY CLERK CITY OF CARLSBAD STATE OF CALIFORNIA
1 STATE OF CALIFORNIA COUNTY OF SAN DIEGO 2 CITY OF CARLSBAD
3 I, ALETHA RAUTENKRANZ, CITY CLERK of the CITY OF CARLSBAD, 4 CALIFORNIA, DO HEREBY CERTIFY that the foregoing Resolution,
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being Resolution No. 95-247 , was duly passed, approved and
6 -1ladopted by the City Council, approved and signed by the Mayor,
and attested by the City Clerk, all at the regular meeting of
8 Ilsaid City Council held on the 5th day of September I 9
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1995, and that the same was passed and adopted by the following
vote:
AYES: COUNCIL MEMBERS Lewis, Nygaard, Finnila, Hall
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS Kulchin
ABSTAIN: COUNCIL MEMBERS
EXECUTED this 7th day of September , 1995, at
Carlsbad, California.
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CITY CLERK CITY OF CARLSBAD STATE OF CALIFORNIA
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RESOLUTION NO. 95-248
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AWARDING THE CONTRACT FOR THE CONSTRUCTION OF CERTAIN PUBLIC WORKS OF IMPROVEMENT IN A SPECIAL ASSESSMENT DISTRICT
WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD,
CALIFORNIA, did publicly open, examine and declare all sealed
proposals or bids for doing certain of the works of improvement
as set forth and shown on the plans and specifications which
were approved for proceedings in a special assessment district,
said proceedings being taken pursuant to the provisions of the
"Municipal Improvement Act of 1913ff, being Division 12 of the
Streets and Highways Code of the State of California, said
special assessment district known and designated as ASSESSMENT
DISTRICT NO. 92-l (LA COSTA DOWNS) (hereinafter referred to as
the "Assessment District").
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1. That the above recitals are all true and
correct.
SECTION 2. That this legislative body hereby rejects all of
said proposals or bids except that herein mentioned, and does
hereby award the construction contract for doing said work and
making improvements in the Assessment District to the lowest
responsible bidder, to-wit:
BASILE CONSTRUCTION, INC.
at the prices named in the bid of said bidder on file with the
transcript of these proceedings and open for public inspection.
SECTION 3. That this award of contract is hereby
conditioned upon and made subject to the receipt of monies and
proceeds from the issuance and sale of bonds. The Contractor
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shall not commence construction or order equipment until he has
received a written Notice to Proceed. Any progress payment to
the Contractor for work completed may be delayed if monies have
not been received from the sale of bonds.
SECTION 4. That the works of improvement shall be
constructed in the manner and form as set forth in the plans and
specifications for these proceedings, as previously approved as
a part of the ffReportff, as required by law and specifically the
"Municipal Improvement Act of 1913", being Division 12 of the
Streets and Highways Code of the State of California.
SECTION 5. That the Mayor and City Clerk are hereby
authorized to execute the Agreement for the works of improvement
District, and a copy of said
with the transcript of these
relating to said Assessment
Agreement shall be on file
proceedings.
SECTION 6. That all mon ies to pay for the costs and
expenses of the above-referenced Assessment District shall be
paid from the funds as deposited in the Improvement Fund,
including any interest earned thereon.
APPROVED and ADOPTED this 5th
1995.
SeDtember
CITY OF CARLSBAD ATTEST: STATE OF CALIFORNIA
CITY CLERK 1 CITY OF CARLSBAD STATE OF CALIFORNIA
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STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CARLSBAD
I, ALETHA RAUTENKRANZ, CITY CLERK of the CITY OF CARLSBAD,
CALIFORNIA, DO HEREBY CERTIFY that the foregoing Resolution,
being Resolution No. 95-248 , was duly passed, approved and
adopted by the City Council, approved and signed by the Mayor,
and attested by the City Clerk, all at the regular meeting of
said City Council held on the 5th day of September I
1995, and that the same was passed and adopted by the following
vote:
AYES: COUNCIL MEMBERS Lewis, Nygaard, Finnila, Hall
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS Kulchin
ABSTAIN: COUNCIL MEMBERS
EXECUTED this day Of 7th SeDtember , 1995, at
Carlsbad, California.
CITY CLERK CITY OF CARLSBAD /
STATE OF CALIFORNIA
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Submitted to Applicant By:
Patricia Good
AGREEMENT FOR EXTENSION
AND CONSTRUCTION OF GAS & ELECTRIC
PARTIES
This Agreement, dated Sept. 6, 1995, is made and entered into, by and
between SAN DIEGO GAS ti ELECTRIC COMPANY, a corporation, hereinafter called
"Utility", and CITY OF CARLSBAD, a mmicipal corporation ,
hereinafter called "Applicant".
RECITALS
Whereas, Applicant requests Utility to furnish gas and electric service
to the subdivision known as Carlsbad Assessment District 92-1, located at
Ponto Dr. & Franciscan Road @ Descanso Blvd., Carlsbad.
AGREEMENT
Therefore, in consideration of the mutual promises herein, the parties
agree as follows:
1. GENERAL. In accordance with California Public Utilities Commission
Rules 15 and/or 16, the allocation of work on Work Order(s) and
the c i!i st information summarised in Appendix A and contained in the Appen ix C&I, which Appendix is attached hereto and by this reference incorporated herein, Utility and/or Applicant shall construct a gas and electric extension.
2. CONTRACT EXPIRATION. Once Applicant has started to perform the
work required : 1 the Contract Documents, Applicant agrees to exercise reasL,,able diligence in pursuing such work to completion within one year after the date of the Contract Documents. If such work has not been completed within one year after the date of the Contract Documents, Utility shsll have the right, upon giving written notice to Applicant, to cancel and terminate the Contract Documents. If Utility elects to cancel and terminate the Contract Documents, Utility shall return to Applicant an amount equal to
the above cash advance, minus Utility's costs. "Utility's costs" are defined as the actual costs (including but not limited to
FORM 106-44140
(c/95)
labor, materials and overhead) incurred by Utility prior to such cancellation and termination in connection with work done in
furtherance of Applicant's project, plus the actual costs of
removing any of the installed facilities which Utility desires to salvage, minus the salvage value of such facilities. In the event
Utility's costs exceed the above cash advance, Applicant agrees to pay Utility a sum equal to the amount by which the Utility's costs exceed the advance. Upon exercise of its right to cancel and terminate-and upon payment to Applicant, all of Utility's obligations under the Contract Documents shall cease.
3. CONTRACT COMPLIANCE. If, after six (6) months following the date the Utility is first ready to serve residential loads for which allowances were grantedi or one (1) year for non-residential loads
for which allowances were granted, Applicant fails to take service, or fails to use the service contracted for, Applicant shall pay the Utility an additional Contribution, based on the allowances for the loads actually installed.
4. EXCESS FACILITIES. If the loads provided by Applicant result in the Utility installing facilities which are in excess of those needed to serve the actual loads, and the Utility elects to reduce such excess facilities, Applicant shall pay the Utility its
estimated total cost to remove, abandon, or replace its excess facilities, less the estimated salvage value of any removed facilities.
5. EASEMENTS. Applicant shall, upon Utility'5 request, execute Utility's standard form easements for the construction, service,
presence, maintenance or inspection of Utility'5 facilities as may
be required hereunder.
6. PAYMENT OPTIONS. Applicant has the option of advancing a non- refundable or refundable amount as described in the Appendix(es). The total refundable amount shall be subject to refund, without interest, in accordance with the following provisions:
a) Refunds will be made within ninety (90) days after the date Applicant becomes eligible for a refund, except that refunds
may be accumulated to a $50 minimum or the total refundable
balance, if less than $50.
b) Residential. Refunds will be made on the basis of a'new
customer’s permanent load connecting to the line extension which produces additional revenues to Utility. Such
refundable amount will be that amount which is on file at
the time the refund(s) become eligible. The refund will be
deducted from the total refundable amount, and the remaining amount subject to refund represents that portion of the extension cost not supported by revenues.
cl Non-Residential. Refunds will be made on the basis of Applicant's or new customer's permanent load connecting to the line extension which produces additional revenues to Utility. Utility shall be responsible to review Applicant's
actual base annual revenue for the first three years from the date Utility is first ready to serve. Applicant shall be responsible for notifying Utility if new, permanent load is added in the fourth through tenth year from the date Utility
is first ready to serve. Such review shall determine if additional revenue supports any refunds to Applicant.
-2- FORM 106-44140
('j/95)
7. ASSIGNMENTS. This Agreement may be assigned by Applicant only upon the assignee's written acceptance of said assignment, and the prior approval of Utility as evidenced by written endorsement thereon; however, such approval shall not constitute a release of Applicant's obligation hereunder unless expressly 50 provided in
said endorsement. Utility may refuse to accept an assignment of
this Agreement unless executed on form furnished and approved by
Utility.
8. COMMISSION CHANGES. Applicant shall be governed by Utility's applicable Rates and Rules on file with the California Public Utilities Commission, which Rates and Rules are made a part hereof by reference, and a copy of which will be furnished to Applicant
on request. This Agreement shall at all times be subject to such changes or modifications as said Commission may, from time to time, direct in the exercise of its jurisdiction.
ELECTRIC AGREEMENT
9. CONSTRUCTION RESPONSIBILITIES. Applicant shall perform at its expense all trenching/excavation, backfilling and compaction, including furnishing any imported backfill material required, and will furnish and install all distribution and feeder conduit and substructures required, all in accordance with Utility's General Conditions and Specifications, attached hereto and made a part hereof by this reference. Upon Utility's final acceptance of said installation in accordance with the referenced General Conditions, Applicant hereby grants, sells and conveys to Utility all its rights, title and interest in and to all materials installed. Once the extension receives final acceptance, Utility agrees to own, operate and maintain such extension.
10.
- 11.
BETTBBMENT. Where mutually agreed upon by Utility and Applicant,
Applicant shall perform additional work to install additional facilities in accordance with Utility's specifications, timing, and applicable tariffs. Utility shall reimburse Applicant, Utility's estimated installed cost of such facilities and work, by applying a credit toward Applicant's advance. Any amount not 50
credited shall be reimbursed to Applicant upon final acceptance of the work and facilities by Utility.
OWNERSHIP COSTS. When any portion of a refundable amount has not qualified for a refund at the end of twelve (12) months from the date Utility is first ready to serve, Applicant will pay to Utility an ownership charge on the remaining refundable balance. The difference between the total refundable advance and any refunds made or eligible to be made to Applicant shall serve as
the basis of a monthly ownership charge which is determined as customer financed facilities, in accordance with Rule 2. A monthly ownership charge is in addition to the refundable amount and will normally be accumulated and deducted from refunds due to
Applicant. This provision does not apply to individual residential Applicants. Any unrefunded amount remaining at the end of the ten (10) year period shall become the property of the
Utility.
-3- FORM 106-44140
(6/95)
GAS AGREEMENT
12. CONSTRUCTION RESPONSIBILITIES. Utility is responsible for the installation of distribution main, valves, regulators, and other related distribution equipment required to complete the extension, including all necessary trenching/excavation, backfilling and compaction, and any imported backfill material required, as
delineated in the Work Order(s) mentioned herein.
13. CONSTRUCTION OPTIONS. Where mutually agreed upon by Utility and Applicant, Applicant shall have the option of performing all excavation, backfilling and compaction, including furnishing any imported backfill material, and substructures required, all in accordance with Utility's General Conditions and Specifications, attached hereto and made part hereof by this reference. Utility shall reimburse Applicant, Utility's estimated installed cost of such facilities and work, by applying a credit toward Applicant's advance. Any amount not 50 credited shall be reimbursed to Applicant upon final acceptance of said work and facilities by Utility.
14. OWNERSHIP COSTS. When any portion of a refundable amount has not qualified for a refund at the end of thirty-six (36) months from the date Utility is first ready to serve, Applicant will pay to Utility an ownership charge on the remaining refundable balance. The difference between the total refundable advance and any refunds made or eligible to be made to Applicant shall serve as the basis of a monthly ownership charge which is determined as customer financed facilities, in accordance with Rule 2. A monthly ownership charge is in addition to the refundable amount and will normally be accumulated and deducted from refunds due to Applicant. This provision does not apply to individual residential Applicants. Any unrefunded amount remaining at the end of the ten (10) year period shall become the property of the Utility.
APPLICANT INSTALLATION
15. Where the Applicant Installation option is selected, the Applicant, shall use qualified contractors to install that portion of the new extension normally installed by the Utility. Such
installation shall be in accordance with the Utility's design and General Conditions and Specifications, attached hereto and made a part hereof by this reference.
-4- FORM 106-44140
(6/95)
16.
17.
18.
PAYMENT OPTIONS. Applicant has chosen one of the following:
1 I A refundable contribution representing the Utility's total estimated installed cost as described in the Appendix(es)
or;
[Xl A non-refundable contribution representing a percentage of the refundable amount as described in the Appendix(es) to this agreement.
AUTHORIZED SIGNATURE. If Applicant is a corporation, partnership, joint venture or a group of individuals, the subscriber hereto represents that he has the authority to bind said corporation, partners, joint venture or individuals as the case may be.
EFFECTIVE DATE. The Contract Documents shall become effective
only upon the date signed by the authorised Utility representative.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed for and on behalf of each, by their duly authorised agents, partners, or corporate officers.
APPLICANT: SAN DIEGO GAS & ELECTRIC COMPANY, a corporation
By: (Authorized Individual-Utility)
TITLE: Mayor Date Executed:
Date: September 6, 1995 Tvoe of Customer
Address: Residential [ ] Non-Residential [ ]
1200 Carlsbad Village Drive Individual [ ] Subdiv/Devl [ ]
Carlsbad, CA 92083
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Telephone: 434-2821
Social Security Number or Tax 1-D Number: 95-6004793
Applicant is a corporation: Yes [X] No I I municipal
FORM 106-44140
(6/95)
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APPENDIX A - SUMMARY
1. Amount Subject to Refund after Final Acceptance of Work
From Appendix C $-O- From Appendix I $9,865
Total $9,865
2. Amount Subject to Future Refund
From Appendix C $38,539 From Appendix I S-O-
Total $38,539
3. Total Advance
From Appendix C $19,292 From Appendix I $13,902
Total $33,194
-6- FORM 106-44140
(6/95)
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Submitted to Applicant By:
PATRICIA GOOD
AGREEMENT FOR REPLACEMENT OF OVERHEAD
WITH UNDERGROUND FACILITIES
THIS AGREEMENT, made and entered into, by and between
SAN DIEGO GAS & ELECTRIC COMPANY, a corporation, hereinafter called
“Utility,” and City of Carlsbad, a municipal corporation, hereinafter called “Applicant(s)“.
WITNESSETH:
WHEREAS, Applicants are the owners, lessees, or others having a legal interest in
those certain premises known as Carlsbad Assessment District 92-l.
WHEREAS, Applicants desire that existing overhead facilities be replaced with
underground facilities, and in consideration of the desirability and value which said underground
facilities will add and contribute to the above premises;
NOW, THEREFORE, it is agreed by and between Utility and Applicants as follows:
Subject to the conditions hereinafter provided, Utility, upon obtaining satisfactory easements
for any required rights of way, shall remove its existing overhead electric power facilities
serving Applicants and shall replace these facilities with underground facilities, in accordance
with its Rule 20.8 for Replacement of Overhead with Underground Facilities as filed with the
California Public Utilities Commission.
All work performsd by the Utility and Applicants pursuant to this Agreement shall be in
conformity with the General Conditions and the Specifications attached hereto and by this
reference made a part hereof. Utility shall furnish underground electric service to the
premises shown on Specifications and, upon completion of the work specified herein, Utility
shall not furnish overhead electric service to any of such premises.
This Agreement shall become effective only upon compliance with all of the following
conditions:
a. All Applicants shall execute this Agreement and shall perform all of the conditions herein
contained.
b. All Applicants shall execute a companion agreement with each company, municipality,
or agency that is a joint user with Utility of poles, or maintains other poles, within the
106-2759L -l-
04/91
4
area from which Utility’s pole will be removed pursuant to Section 1, for providing
communication service, traffic signals, police or fire alarm boxes, or street or safety
lighting supplied by overhead wiring. Such agreement or agreements will provide for
such service to be discontinued or converted and maintained through underground
circuits or other appropriate and lawful means, so that all of said poles can be removed
from the area within a reasonable time after Utility has removed its poles.
C. Applicants will, at their expense and in conformity with the Contract Documents as
defined in the General Conditions, furnish and install the material, and facilities and
perform the work indicated below by a check mark. The material, facilities and work
listed below which are not indicated with a check mark shall be furnished, installed and
performed by Utility at Applicants’ expense.
X Excavation, backfill and compaction
X Conduits
X Concrete substructures
d. Utility shall notify Applicants, in writing, of final acceptance of the work specified
herein. Applicants hereby grant to Utility all facilities installed by Applicants pursuant to
this Agreement, said grant to be effective upon receipt of Utility’s written final
acceptance.
e. Each Applicants shall, at his expense, promptly provide any necessary changes to the
existing facilities on his property so as to receive underground electric service at the
points specified on the Specifications. .The Applicants’ work shall be in accord with
Utility’s Rule on Service Connections filed with the California Public Utilities Commission
effective as of the date of this Agreement, and in accord with the Contract Documents.
Underground electric service will not be supplied until all affected premises are equipped
to receive electric service in accordance with said plan and specifications.
4. Receipt is acknowledged from Applicant(s) of $35,470, which is an amount equal to the
estimated cost of Utility’s conversion work computed in accordance with its Filed Rule on
Replacement of Overhead with Underground Facilities. Said amount includes any engineering
fee or fees that may have been paid to Utility in contemplation of the work provided for in
Section 2.
5. In the event any additions, rearrangements, or changes to the electric wiring are required or
performed on Applicants’ several premises, other than the work pursuant to Section 3.e.
above, Applicants shall cause said additions, rearrangements, and changes to be made at
their expense.
6. All wires, cables, conductors, conduits, ducts, connectors and appurtenances installed by
Utility, or its agents, on the premises of Applicants, or elsewhere, and all facilities granted to
Utility by Applicants, shall become and remain the property of Utility notwithstanding any
payment made under this Agreement. Such facilities will be maintained and operated by
Utility in accordance with its Rules for the Sale of Electric Enerav on file with the California
Public Utilities Commission.
7. a. Utility shall be under no obligation to perform and complete the work undertaken by its
pursuant to this Agreement until Applicants’ obligations incurred pursuant to Paragraphs
3.b. and 3.e. of this Agreement shall have been fulfilled.
106-2759L
04191
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a.
9.
10.
11.
b. If the Specifications attached hereto require the installation of new street lighting
standards, Utility shall be under no obligation to remove and cease operating its
overhead electric facilities nor to furnish underground electric service to any of the
premises shown on the Specifications until said street lighting standards have been
installed and energized.
C. Utility at its sole election, may undertaken to perform the work to be performed by it
prior to the occurrence of the conditions specified in subsections (a) and (bl of this
Section. The commencement of any such work by Utility under the provisions of this
subsection shall not constitute a waiver of any of the requirements imposed upon any
Applicants under subsections (a) or (b) of this Section, or under any other provisions of
this Agreement.
d. If any Applicants shall, within one year of the date of this Agreement, fail or refuse to
comply with any of the conditions hereof or to perform all work required under the
contracts executed pursuant to Paragraph 3.b of this Agreement, Utility shall have the
right to make such changes and to impose such further conditions upon the Applicants
as may be necessary to protect its rights under any existing agreement for any increase
in its costs of installation, and to provide in any other manner for the accomplishment of
the purposes of this Agreement consistent with applicable rules, laws, ordinances and
its contractual obligations hereunder.
Once Applicant has started to perform the work required by the Contract Documents,
Applicants agrees to exercise reasonable diligence in pursuing such work to completion within
one year after the effective date of the Contract Documents. If such work has not been
completed within one year after the effective date of the Contract Documents, Utility shall
have the right, upon giving written notice to Applicants, to cancel and terminate the Contract
Documents. If Utility elects to cancel and terminate the Contract Documents, Utility shall
return to Applicants an amount equal to the above cash advance, minus Utility’s costs.
Utility’s costs is defined as the actual cost (including but not limited to labor, materials and
overhead) incurred by Utility prior to such cancellation and termination in connection with
work done in furtherance of Applicants’ project, plus the actual cost of removing any of the
Utility installed facilities which Utility desires to salvage, minus the salvage value of such
facilities. Upon exercise of its right to cancel and,terminate and upon payment to Applicants,
all of Utility’s obligations under the Contract Documents shall cease.
This Agreement shall at all times be subject to such changes or modifications by the
California Public Utility Commission as said Commission may, from time to time, direct in the
exercise of its jurisdiction.
All terms and situations heretofore made and agreed to by the parties in relation to said
electric line replacement are set forth in this Agreement and no representation of any agent or
employees shall be binding upon Utility except as expressed herein. Appendix B attached
hereto is solely for use by Utility and nothing contained therein shall in any way alter or vary
any term, condition or stipulation contained in this Agreement.
If Applicant is a corporation, partnership, joint venture or a group of individuals, the
subscriber hereto represents that he has the authority to bind said corporation, partners, joint
venture or individuals as the case may be. Each Applicant signing this Agreement agrees that
he shall be jointly and severally liable under the terms of this Agreement with every other
Applicant signing the Agreement.
106-2759L -3-
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12. All of the terms and conditions of this Agreement shall be binding upon and shall insure to the
benefit of the parties hereto, their heirs, administrators, executors, personal representatives,
trustees, successors and assigns. ‘r
13. The Contract Documents shall become effective only upon the date signed by the authorized
representative of Utility.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed
for and on behalf of each, by their duly authorized agents, partners, or corporate officers.
AP SAN DIEGO GAS & ELECTRIC COMPANY,
a corporation
By: By:
Authorized Signature-Utility
TITLE: Mayor Date:
Date: September 6, 1995
Address:
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Social Security Number or
Tax I. D. Number: 95-6004793
Applicant is a corporation: Yes ix1 No [ I
municipal
106-2759L
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Submitted to Applicant By:
Patricia Good
AGREEMENT FOR UTILITY PAYMENT TO APPLICANT FOR INSTALLATION OF GAS TRENCH SYSTEM AND/OR ELECTRIC DISTRIBUTION SYSTEM REQUIRED BY UTILITY
This Agreement is made and entered into by and between SAN DIEGO GAS &
ELECTRIC COMPANY, a corporation, hereinafter called “Utility”, and City of Carlsbad,
hereinafter called “Applicant”. a municipal corporatik
Project name Carlsbad Assessment District 92-1
In consideration of the mutual promises herein, the parties agree as follows:
ELECTRIC
1. Applicant shall construct, in accordance with the Utility’s Specifications, trench, conduit
and substructure system as shown on W.O.#2475850 is delineated as SDG&E convenience
facilities. The system is subject to change as necessitated by conflicts, obstacles, or
difficult soil conditions revealed by actual examination during construction. Applicant
agrees to perform at its sole expense all trenching, excavation, backfilling, compaction, and
pavement replacement necessary to construct said conduit and substructure system,
including that which is necessitated by any change in location.
2. Utility shall pay as the agreed value of the trench, conduit and substructure provided by
Applicant at &lity’s request the sum of $2,213, within 30 days of the Utility’s final
acceptance of work pursuant to the General Conditions.
3. Applicant hereby agrees that title to the trench, conduit and substructure provided by
Applicant for Utility shall vest in Utility upon final inspection and acceptance by Utility.
4. The Contract Documents shall become effective only upon the date signed by the
authorized representative of Utility.
106-311400
11-26-75
-l-
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be
executed for and on behalf of each, by their duly authorized agents, partners, or corporate officers.
SAN DIEGO GAS
a corporation
& ELECTRIC COMbANY,
By:
Authorized Signature-Utility
TITLE: Mayor Date:
Date: September 6, 1995
Address:
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Social Security Number or
Tax I. D. Number: 95-6004793
Applicant is a corporation: Yes kl No [I
municipal
lQ6-31140C
11-26-75
-2-
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REIMBURSEMENT AGREEMENT
THIS REIMBURSEMENT AGREEMENT (hereinafter referred to as the “Agreement”) is
made and entered into and effective as of the m day of , 1995, by and SEP~ER
between MCI METRO ACCESS TRANSMISSION SERVICES, INC., a Delaware corporation
(hereinafter referred to as “MCI”), whose mailing address is 2250 Lakeside Boulevard, Richardson,
Texas 75082, and the CITY OF CARLSBAD, hereinafter referred to as “Reimburser”), whose
mailing address is 2075 Las Palmas Drive, Carlsbad, California 92009.
WITNESSETH
WHEREAS, Reimbursor proposes to construct the development known as La Costa
Downs in Carlsbad, California, along the rights-of-way of San Diego Northwestern Railroad, which
rights-of-way contain an MCI fiber optic cable system;
WHEREAS, as a result of Reimbursor’s construction activity, Reimbursor is requiring MCI
to relocate its fiberoptic cable system within the existing right-of-way in accordance with Exhibits
A and B attached hereto and incorporated herein; and
WHEREAS, MCI, under the terms hereinafter stated, is willing to undertake such fiberoptic
cable relocation project (hereinafter referred to as the “Project”) in order to accommodate
Reimbursor, provided Reimbursor reimburses MCI for all of its reasonable costs, both direct and
indirect, associated with the Project.
NOW, THEREFORE, in consideration of the promises and mutual covenants herein
contained, MCI hereby agrees to undertake the Project in accordance with the attached Exhibit
A, subject to the following terms and provisions:
8/21/95
1. Reimburser agrees that Exhibit A represents the scope of work for the Project in
Carlsbad, California.
2. Reimbursor may, at its own expense, inspect MCI’s construction activity
undertaken in connection with the Project.
3. As provided in paragraph 4, Reimbursor agrees to bear all direct and indirect costs
incurred by MCI and relating to any construction by MCI in connection with the Project, including,
but not limited to, labor, materials, construction, damages, administrative overhead, taxes and
legal fees.
4. The total cost of the Project is estimated to be TWENTY SIX THOUSAND, NINETY
SEVEN AND 41/l 00 DOLlARS ($26,097.41), as detailed in Exhibit B. MCI shall promptly provide
notice to Reimbursor when MCI becomes aware that the final actual costs of the Project will
exceed the estimate by more than ten percent (10%).
5. After sixty (60) days following completion of the Project, MCI shall make an
accounting of the final costs and provide Reimbursor with a copy of said accounting and an
itemized invoice therefor. Reimbursor shall pay the full invoice within thirty (30) days after receipt
of same from MCI.
6. No work shall be performed by Reimbursor within the existing right-of-way until the
Project has been completed.
7. Exclusive of Saturday, Sunday, and legal holidays, Reimbursor shall give MCI
notice at least forty-eight (48) hours in advance of commencement of any work on or adjacent
to the fiberoptic cable, except in the event of an emergency. Said notice shall be given to those
individuals enumerated on the Contact List attached hereto as a part of Exhibit A.
8. This Agreement supersedes every antecedent or concurrent oral and/or written
declaration and/or understanding by and between MCI and Reimbursor pertaining to the Project.
2 8/21/95
-
9. The terms of this Agreement shall be binding on and inure to the benefit of the
parties hereto and their successors and assigns.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of
the day and year first above written.
ATTEST: MCI METRO ACCESS
TRANSMISSION SERVICES
By:
Name:
Title:
By:
Name: Steven D. Shannon
Title: Director
(Corporate Seal)
ATTEST/WITNESS: . REIMBURSOR:,
By: By:
I Tile: Mayor
(Corporate Seal)
3 8121195
EXHIBIT A
Exhibit A consists of plans and specifications for the Project
on file in the City of Carlsbad Engineering Department.
MCI Metro fiber Implementation Cost Proposal EXHIBIT B
PROJECT NUMBER: 1597-
TOTAL FIBERS:
CUSTOMER FIBERS:
EXISTING CABLE LENGT
NEW CABLE LENGTH:
TOTAL FIBER LENGTB:
NEW ROUTE LENGTH:
45
31
0
1,160
1,160
1,060
Date Prep: 03106195 DATE REV: ~XXKVXX
Bud (B), FFP (F). Asbuilt (A): B
Ln Costa Downs Relocation
Carlsbad, CA
TERMINATION LOCATION 1: N/A
TERMINATION LOCATION 2: N/A
ENGINEER E.Gdin
OSP Construction Quantity Unit Cost FFP Cost con- Cod
Existing Conduit to Be Used
221~Conduit to Rod and Rope ( N=Rod and Rope not required, F=during FFP, C=during Construction)
+ Meho Condull Footage :.! i‘ $I ,‘,~! .sJ.il:J
+ Teln Cmdutl Footage si f;: “;(:.(,(i
+ Power Coadult F&age :> :‘, z;; .;;; ::;<‘: g;
+ Cu- Coadutt Foah@ :.: ;: gt ,‘,? ‘it: cl:
Total ExlslinS CwdulI Foofagt : !
Tota
$0.00
$0.00
$0.00
$0.00
411 - Innerduct to Install in existing Conduit (N=Not required, F-during FFP,C=during construction)
+ In Metro Coadult Footage $f,:.: ‘<: 1; 1 ‘;.‘ ‘$1.*,32.:1:‘:
+ In Ttlm Condadl Foolage z1; I \i j;-: :gi.()~
+ In Pam Cmduli Footay 5 (‘ i,: :x: p>, I.:!>
+ In Cu- Condull Fata~e :.: ;: :; ‘: .F +: ‘ic: CL;
%1,632.00
$0.00
SO.00
$0.00
New Conduit to be Constructed
210- UG Conduit to Construct with Innerduct Installed
+ Place L4” PVC/IaM :i $X.<.ili:
+ Place ?-4”PVuInM :? .I,y.S i:i:
+ Place?-4”PVC/IaM :c, ,>,;i,;.j i:i:
270-Bm Alpban :,: 1;: >,:-:,I
2aaIuR collaac L; \ .’ : ” .’ -1 ii
3lOA-Pbo Bldg RWLtrl(4”) :: :‘. .: ,.;, .., . . \.b,
3lOBPhceBrld~Altach(4”) :.: S?“,,.*~.
310?. ‘.! 1:: ;:::
1lO-Jack & Bore (4”) :: ‘Z.5 :: ;:;;
630-DCa# Bore (4”) :‘: .,.,. .i :..i.. .a.._ .“..
:.: :;p ;,: [Z
320-Core Bon (sscb) :: j;::.< i:i:
7tCPlace Bwkd Ca Marker :‘-:: . . .I.. \.>.
MnnholesfTIandhoies to Set
25oPke Manhole
24aPIpa mdh0b
33aPdi Box
:! :.. ; ‘.,:::: :::,: $0.00
:: + ,.%?,^ ::.c A.. $0.00
:: 3; ;:;: ::;: $0.00
Underground Cable to Install
4IaPd Cabb h comdun
SIOA-PlowCabb
5105PbwHDPm!abb
SlOCTremcWke Cnbb
:.,.<.. _. . . . . 5 i .z .: $1,611.20 :: ‘.,i :;.; $0.00 :: -: ‘?-/ .I . $0.00 :: :; i ,.T >7 $0.00
Aerial Construction
StO-Place Aerial Cn/Stmd
SZOA-Remove ExIstlag Aerial Cable
SZOB-AtrId Make RadylF’ob
. . . . . . ..,., ” : “< .I‘ I_ $i.ji:.W $450.00
::. !>. ‘;r .A2 ‘1:. ; ;j. ‘.T ..; i> 31,337.50
$0.00
OSP Construction Supervision 81 Inspection
Travel Expenses ::
Conhad larp&ws Days .!
Supervlrloa (Hrs) CONTRACT ;.;
Supav(sh @In) METRO . . . ,.;,
,. . . , .
;j..~X:Z,i’.::
t.:;: <:::
.y,y;: i:(:
FFP Cost Constuction Total
$0.00
\.: :-ii. %;i; 1 . k . . , 31,120.oo
:;I .Z(i().(.(! $1,200.00
:::I ,.j[:~.()l.: %1,400.00
I Total Supervision and inspection $0.00 $3,720.00 %3,720.00
MCI Metro fiber Implementation Cost Proposal e
MCI splldngfInvel @Irs)
FFP Cod Construction
htm A- (Hrs) .:
Coatmet Splkm Man Days (2 mea)
Total Splicing Labor
y;;: ;:,.: i, . ..“.. i.!x<;.<;r: $280.00
S,:*i-:.l:~-: <iI. :>,(j,(jij $1,520.00
so.00 S3,120.00 $3,120.00
Hnadbob
Pull Box
Manbob Fmmsr
Mombob Covers
Awlal Cabb Tags
LMS System
ACT Isolated Protectors
ACTSsitcbKlt
w-g skm
Wamlng Tape
Innerduct
Slnglcaoda Flbr
“Opthal Cabb”
“Opthal Cabb”
“Optional Cabb”
;:
.j
i &
:.r
:!
.:
:j
:>..;i ., T.
i ;;q:‘!
;:
;i
I!
$0.00
SO.00
$0.00
$0.00
‘ij fi .I.:<.: $16.00
$0.00
‘,I(;(;.(j(j $100.00
$0.00
,55.:.l:r: $52.00
$0.00
‘<:A:,.: a:, $604.80
3; .<,:a ? .$I.; %3,087.00
$0.00
$0.00
$0.00
Total OSP Material $604.80 %8,055.00 %8,659.80
Splicing Material (Eng Supplied)
splh Kltr
spike Carr
:I:‘:-: .I_ . ., *.*.
5 :: :: 57 ,: a:
$C ::;:
<il.; ;:;:
FFP Cost lmplemantalhx Total
::j .~Y.ci.; $125.00
$:‘?.;t: <)I: $330.00
60.00
$0.00
II Total Salicinv Mater&al so.00 s455.00 %455.00 I
Fiber Termination Material (Eng Supplied) FFP Cost Implementatlott Totn:
Equlpment Racks
FDC/STB
Mod& (6 Flber)
Plgtallr
T’! ‘:.;A: ::i:
:! ..;.:.<:, ;,;; L1‘_.. I . ..Y
: ! sjj;:,;‘:;-:
:i >..:.: i:::
:! :.. .,. . ,,\. ,.I.
:.: $2, ;::,:
c;: i:i:
Total Flber Termination Material
$0.00
$0.00
$0.00
SO.00
$0.00
$0.00
$0.00
$0.00 $0.00 $0.00
Cwh Dr@ Et@DrftNew PtmWt
Coon Project En@nemr @Its)
Metro Supv. Eaglnm (Hrs)
Contr Pole Make Ready
:: :.:: ::i: $0.00
( y:: ::i: %1,680.00
$0.00
:: “‘i::. , .:: .,.> . . ~... $0.00
Y.\ndn,\DDn IEPTC\Isa7lnPnrT WEL,
MCI Metro fiber Implementation Cost Proposal
‘ROJECT NUMBER: 1597 ENGINEERING Carlsbad, CA
COST ESTIMATE TERMINATION LOCATION 1 I NI
FOR TERMINATION LOCATION 2: N/
La Costa Downs ENGINEER: E.Griffin
DATE PRINTED: 06/29/95
FFP Cost Impkmcatatkn Project Total
rlaterial
Cabb
Hlsc Matl(Aetlal,Bwkd,Ua&r*rground)
EPBdJS
remdaanotl
::. :.:. _,.. ,.\. :t.$i;??.<i~ p;.,,:;a ?.<.W
$&< .zn 5.i :>,jy 0:) .,. . . \.: i7’i s,; . ,; I .
c:: ;:i? “..:p,?,:,:, :;,jyl;,[,(i
i;; ;;;; p,i <j\l $0 ,I.: !:
lIaterial Total $604.80 $8,510.00 $9,114.80
kight and Tnr
Sabs Tax
Frelgbt
‘i-eight and Tax Total
5-i :. ; ‘;, <.: :.:s:z .::j :;; .gj .Gj
$12.::’ s i”<) ‘?Z) ,.. >[*? .I<:
s435.46 $808.45 %1,243.91
MP Engineering Labor
conhactorLabor
YCI Metro Labor
i;: ;:<;.:,;..;: ..I. c, :. :I :\:,I. :.I:, yS. ; (j; ,i.;(j
$$.I:; ;:;: ‘?i’ is, .‘).‘, /. s.., \, ::; ,$p,,:.!:<:
Inglnccring Lnbor Total $1,890.00 %1,890.00 %3,780.00
ENG TRAVEL FXPENSE :‘;i ;);I :<I.: .I,:(:
‘rojcct Totals $2,930.26 %11,208.45 $14,138.71
- MCI Metro fiber Implementation Cost Proposal
Constructton
Expenses :<;.I, <>c:
Const TOTAL S1,632.00 $7,206.70 %8,838.70
Splicing
Contract hbor
Metro Labor
MCI Labor
Splicing TOTAL
.&: t.:; : .:: ‘i 7’) .).j I _.\ \ \ $1,520.00
%.-. nn ., sxil.;)!J S280.00
pn ;:;: v : ‘; ‘:, :,:, , . ,.. S1,320.00
SO.00 S3.120.00 S3,120.00
Eng Total 2,930.26 11,206.45 14,136.71
u Project Total 4,562.26 21,535.15 26,097.41
3 c
PACIFIC~~BELL .
A Pacific Telesis Company
August 21, 1995 : PLEASE CALL :
619-563-2280
FOR INSPECTION
City of Carlsbad - La Costa Downs Assessment District #92-l 2075 Las Palmas Drive Carlsbad, CA 92009-1576
Attention: Richard Allen
This is to confirm the arrangements made between City of Carlsbad - La Costa Downs Assessment Dist #92-l ("Applicant") and Pacific Bell ("Pacific") for providing telephone service to your project La Costa Downs - Unit 1, by means of underground facilities.
The applicant hereby agrees to the following conditions:
1. The applicant shall provide positions in trench and will place substructures for Pacific's use as specified in the attached drawings 1 of 2 of Pacific's job number DB(1917362R.
The cover over telephone facilities must be in accordance with the specifications on Pacific's attached drawings. Minimum cover in all cases should not be less than 24" below finish grade unless otherwise specified on drawings.
2. The applicant shall excavate, backfill and compact the trench in accordance with the specifications of the City or County that has jurisdiction over the project.
3. The applicant shall notify Pacific at 619-563-2280, at least fifteen (15) working days in advance of starting trenching so Pacific may coordinate the placing of its facilities with other operations. The applicant further agrees that trenching will begin on or before October 15, 1995, and will be completed on or before February 15, 1996. If the applicant cannot complete trenching within said time period, Pacific may at its sole option terminate this contract and bill the applicant for all engineering costs incurred -by Pacific. Pacific shall incur no liability as a result of such termination.
4. In order to prevent damage to Pacific's facilities, the applicant shall provide supervision over and coordination between the various contractors working within the project until said facilities are ready for service and tested by Pacific.
It is recommended, in order to reduce the possibility of damage to Pacific's facilities, that the placement of these facilities be deferred until sewer and water utilities have completed their installation.
5.
6.
7a.
7b.
The applicant agree to submit a final bill to Pacific no later than fortyfive (45) days following acceptance of the work as outlined herein. Notwithstanding the above, if Pacific does not receive a bill from the applicant within (90) days of said acceptance, Pacific will consider the amount settled and all conditions of this contract fulfilled and Pacific shall not be liable to the applicant for the payment referred to in paragraph 7b below. Billing should specify the location of the trenching work by street address or other reasonable identification and should refer to Pacific's job number DB(19)7362R. All bills should be mailed to:
For the total sum of :
Pacific Bell - Joint Trench San Diego Construction 4042 37th Street, Room 215 San Diego, CA 92105 Attention: Jane Rettig
Said bill shall be based on the cost of Pacific's conduit and/or Pacific's share of trench as specified by the applicable tarriff on file with the California Public Utilities Commission. The estimated amount to be reimbursed by Pacific is based upon the following estimated footages and established schedule of rates.
$ 4,246.48
214 feet of H-ALL Trench for Telco's sole use @p $2.05 per foot = $ 438.70 1,328 feet of jointly occupied main trench 8 $.85 per foot = 1,128.80 490 feet of jointly occupied service trench @ $.90 per foot = 441.00 1,962 feet of 4" PTS 77 conduit with 3/8" pull line placed and associated fittings and 24 bends = 1,836.18 732 feet of 2" PTS 66 conduit with 3/8" pull line placed and associated fittings and 11 bends 401.80
Provide conduit (1" Schedule 40 Standard - equipped with line) as the underground supporting structure and trench for service connection facilities within the interior boundaries of all lots, from property line to the riser protection conduit at the foundation, at no cost to Pacific. Conduits must be placed and sized as shown on Attachment A.
Prior to the commencement of any work to be performed hereunder, or at a mutually agreed time thereafter, the applicant shall grant Pacific all necessary easements for Pacific's communication facilities in the specified locations and in a form satisfactory to Pacific.
8. In the event Pacific is required by the applicant to make significant changes in the drawings referred to in paragraph 1 above, the applicant shall pay Pacific for any additional engineering costs resulting therefrom at Pacific's current loaded labor rate.
9. Applicant shall perform all the work specified hereunder and any amendments hereto in a good and skillful manner and the work shall be free from faulty or defective workmanship. All material furnished by applicant shall be free from defects. Applicant shall immediately, upon notification from Pacific, remedy, repair or replace without cost to Pacific and to the satisfaction of Pacific's representative, and to the satisfaction of governmental official having jurisdiction, all defects, damages or imperfections, including, but not limited to caving, sinking or settling which may appear in the work within a period of two (2) years after the date of final completion and acceptance of the work by Pacific. Pacific shall exercise reasonable diligence to discover and report to applicants, as work progresses, all unsatisfactory material and workmanship furnished by applicant. In emergencies or due to applicant's inability, refusal or neglect to do so, Pacific shall have the right to correct such defects and applicant shall reimburse Pacific for the costs thereof within ten (10) days after receipt of a bill therefor. Neither acceptance of the work by Pacific nor payments to applicant hereunder shall relieve applicant of these obligations. All equipment and tools furnished by applicant shall be in good and serviceable condition and shall be capable of performing the work in an efficient manner.
10. If trench is closed without inspection by Pacific, potholing may be required at Pacific's discretion to verify that all specifications have been met. All potholing will be done at applicant's expense.
11: When the applicant has placed to Pacific's satisfaction the underground supporting structures for which reimbursement is specified in paragraph 7 above, ownership thereof, including the materials supplied by the applicant, will be vested in Pacific.
12. Be advised that working telephone service cannot be provided for approximately thirty (30) days after the work is completed. This would include final grading, conduit with pull lines, and enclosures placed as specified.
13. The applicant shall indemnify Pacific and save it harmless from all loss or liability of any character whatsoever, including damage to Pacific's facilities, arising directly or indirectly out of or in connection with the work performed by the applicant hereunder, its contractors, employees, agents or permittees.
14. Applicant shall, until acceptance of the work by Pacific, maintain in full force and effect the following insurance with insurance carriers authorized to do business in California.
(a) For work in California, Worker's Compensation Insurance in compliance with all Worker's Compensation Laws of the State of California, or in lieu thereof, to have become a qualified self- insurer of Worker's Compensation benefits.
(b) Products and Completed Operations Insurance.
(cl Comprehensive Liability,Insurance, including automobile which shall protect applicant from any claims for bodily injury to or death of any persons, and for damage to or destruction of any property which may arise from work performed hereunder, and which does not exclude explosion,collapse, or underground property damage hazards. Said Comprehensive Liability Insurance shall also provide contractual liability coverage with respect to liability assumed by applicant hereunder. Furthermore, said Comprehensive Liability Insurance shall protect applicant against any liability which applicant may incur (a) on account of bodily injuries to or the death of one person and consequential damages arising therefrom, to the extent of not less than $500,000 and on account of bodily injuries to or the death of more than one such person and consequential damages arising therefrom as a result of
any one occurrence, to the extent of not less than $l,OOO,OOO (b) on account of damage to any property, other than Pacific's property occupied or used by or in the care, custody or control of applicant, to the extent of not less than $250,000 for each accident and $500,000 aggregate; or in lieu of (a) and (b); (c) a combined single limit on account of both bodily injuries and property damage of not less than $l,OOO,OOO. Such insurance shall include Pacific as Additional Insured: be primary insurance to the full limits of liability herein before stated and should Pacific have other valid insurance, Pacific insurance shall be excess insurance only: and include a severability of interest clause worded substantially as follows:
"The insurance afforded applies separately to each insured against whom claim is made or suit is brought, but the inclusion hereunder of more than one insured shall not operate to increase the limits of the insurance carrier's liability. The inclusion of any person or organization as an insured shall not affect any right that such person or organization would have as a claimant if not so included".
15. Applicant hereby declares and agrees that applicant is engaged in an independent business and will perform its obligations hereunder as an independent contract of and not as the agent, employee o'r servant of Pacific: that applicant has and hereby retains the right to exercise full control of and supervision over the applicant's performance of applicant's obligations hereunder and full control over the employment, direction, compensations and discharge of all employees assisting in the performance of such obligations; that applicant will be solely responsible for all matters relating to payment of such employees including compliance with social security, withholding and
al 1 other regulations governing such matters; and that applicant will l)O responsible for applicant's own acts and those of applicant's subordinates, employees, agents and subcontractors during the performance of applicant's obligations under this contract. In the performance of the work hereunder, applicant shall not employ any person who is a full-time or part-time employee of Pacific.
16. The attachment entitled "Exhibit-Executive Orders and Associated Regulations" is hereby made a part hereof. As used in the Exhibit, "Contractors" shall mean the applicant. Those orders and regulations applicable as indicated in the attachment are incorporated by reference herein.
APPROVED DATED
J.F. Retti.g Administrator/Joint Trench Coordinator San Diego Construction
Enclosures
REPRESENTATIVE
Claude A. Lewis, Mayor ~~ NAME & TITLE (PLEASE PRINT) Sept. 6, 1995 DATE
*PACIFIC BELL- 3 NEVADA BELL-
-J& Tdmb Corrornr
I EXHIBIT A - EXECUTIVE ORDERS AND ASSOCIATED REGULATIONS
Pacific Bell and Nevada Bell, as common terriers of telecommunications services, ‘qgage in work as contmctors for various departments and agencies of the United itaces Government. Also. certain facilities may be constructed pursuant to federally :;sisted construction programs. Because of the forrgoing, work under this contract
Tay be subject to the provisions of certain Executive Orders, federsl lawe and isociated regulations. To the extent that such Executive Orders, federal laws and jsociated regulations apply to the work under this contact. and only to that extent, -Xuractor agreee to comply with the provisions of all such Executive Orders, federal %vs and associated requlations. as now in force or as may be amended in the future, xluding. but not limited to the following: . EQUAL EMPLOYMENT OPPORTUNITY PROVISIONS In accordance with Executive Order 11246. dated September 24. 1966. and 41 ’ F.R.56G1.4, the parties incorporate herein by this reference the regulations and ontract clauses required by those provisions to be made a part of nonexempt sntracts and subcontracts. CERTIFICATION OF NONSEGREGATED FACILITIES In accordance with Executive Order 11246. dated September 24. 1965, and 41 : FR.@O-1.8, Contractor certifies that it does not and will not maintain or provide or its employees any facilities segregated on the basis of race, color. religion, sex, - national origin at any of its establishments, and that it does not and will not permit :s employees to perform their services at any location, under its control, where ich segregated facilities are maintained. The term “facilities” as used herein leans waiting rooms, work areas, restaurants and other eating areas, time clocks, zstrooms, wash rooms, locker rooms and other storage or dressing areas, parking XS, drinking fountains, recreation or entefiainment areas. transportation. and Dusing facilities provided for employees, provided that separate or single-user :Ilet and necessary changing facilities shall be provided to assure privacy between -e sexes. Contractor will obtain similar certifications from proposed subcontractors *Ior to the award of any nonexempt subcontract. CERTIFICATION OF AFFIRMATIVE ACTION PROGRAM Contractor certifies that it has developed and is maintaining an Affirmative Action ‘an as required by 41 C.FR.660-1.40. CERTIFICATION OF FILING Contractor certifies that it will file annually. on or before the 31st day of March, Implete and accurate reports on Standard Form 100 (EEO-1) or such forms as ‘ay be promulgated in its place as requrred by 41 C.F.R.660.1.7. AFFIRMATIVE ACTION FOR DISABLED VETERANS AND VETERANS OF HE VIETNAM ERA In accordance with Executtve Order 11701. dated January 24, 1973. anb 41 F.R.560-250.20. the parties incorporate herein by this reference the regulations ‘,d contract clauses required by those prowsions to be made a pat-l of Government Intracts and subcontracts. AFFIRMATIVE ACTION FOR HANDICAPPED PERSONS In accordance with Executive Order 11758. dated Jan&y 15. 1974. and 41 F R.g60-741.20. the partres inccrporate herein by this reference the regulations ld contract clauses required by those provisions to be made a part of Government Intracts and subcontracts. UTtLlZATlON OF SMALL BUSINESS CONCERNS AND SMALL DISADVAN- AGED BUSINESS CONCERNS 46 C.F.R.. Ch. 1. 619.704(4) and 19 706(a) require that the following clause is
eluded: Ufilization of Small Business Concerns and Small Disadvantaged Business ‘oncerns (June. 1985) (a) It IS the policy of the United States thal small business concerns and small Jslnesa concerns owned and controlled by socially and economically disadvan- iged indtwduals shall have the maximum practicable opportunity to participate in *r-forming contracts let by any Federal agency. including contracts and subcon- acts for ~subsyslems. assemblies, components, and related services for major /stems. It IS further the policy of the United States that its prime contractors ;tablish procedures to ensure the timely payment of amounts due pursuant to the +rms of their subcontracts with small business concerns and small business Incerns owned and controlled by socially and economically disadvantaged indi- duals.
(b) The Contractor hereby agrees to carry out this policy in the awarding of &contracts to the fullest extent consistent with efficient contract performance. le Contractor further agrees to cooperate in any studies or surveys as may be snducted by the United States Small Business Administration or the awarding
.gency of the United States as may be necessary to determine the extent of the ,ontractor’s compliance with thls clause. (c) As used in this contract. the term “small business concern” shall mean a nail busmess as defined pursuant to section 3 of the Small Business Act and +ievant regulations promulgated pursuant thereto. The term “small business cncern owned and controlled by socrally and economically disadvantaged indivrd- als” shall mean a small business concern - (1) Whtch IS at least 61 percent owned by one or more socially and economi- ally disadvantaged indlvrduals: or. in the case of any publicly owned business, al +asr 51 percentum of the stock of whrch is owned by one or more socially and zonomlcally drsadvantaged individuals; and (2) Whose management and dally busmess operations are controlled by one or
Tore of such indtwduals. The Contractor shall presume that socially and economrcally disadvantaged :dlvlduals Include Slack Amencans. HlspanC Amencans. Naftve Amencans. slan-Paclfrc Amerrcans. &ran-lndlan Amencans and other minorrtles, or any other .dlvldual found to be disadvantaged by the AdmWtratlOn pursuant to section 8(a) I :he Small Busmess Act.
GA 1501 (7/86)
(d) COntractOrS acting in good faith may rely on written representations by their subcontractors regarding their status as either a small business concern or a small business Concern owned and controlled by socially and economically disadvan- taged individuals. Small Business and Small Disadvantaged Business Sukonfracting Pfan Contractor. unless it is a small business concern. as defined in section 3 of the Small Business Act, agrees to adopt and comply with a small business and small disadvantaged business subcontracting plan, which shall be included in and made a part of this contract. The parties incorporate herein by this reference the regulations and contract clauses required by 48 C.F.R.. Ch. 1.$19.7&a(4) and 19.706(b) to be made a part of Government contracts and subcontracts. 6. WOMEN-OWNED SMALL BUSINESSES As prescribed in 48 C.F.R., Ch. 1, S19.992. the following clause is included in solicitations and contracts when the contract amount is expected to be over the small purchase threshold, unless (a) the contract is to be performed entirely outside the United States, its possessions, Puerto Rico, and the Trust Territory of the Pacific Islands. or (b) a oersonal services contract is contemolated: (a) “Women-owned small businesses,” as used in thi&use. means businesses that are at least 51 percent owned by women who are United States citizens and who also control and operate the business. “Control,” as used in this clause means exercising the power to make policy decisions. “Operate: as used in the clause, means being actively involved in the day-today management of the business. (b) I1 is the policy of the United States thaf women-owned small businesses shall have the maximum practicable opportunity to participate in performing contracts awarded by any Federal agency. (c) The Contractor agrees to use its best efforts to give women-owned small businesses the maximum practicable opportunity to participate in the subcontracts it awards to the fullest extent consistent with the efficient performance of its contract. 9. LASOR SURPLUS AREA CONCERNS As prescribed in 48 C.F.R.. Ch. 1,520.302(a)(b), the following clauses are included: (a) Applicability. This clause is applicable if this contract exceeds the appropriate small purchase limitation in Part 13 of the Federal Acquisition Regulation. (b) Policy. It is the policy of the Government to award contracts to concerns that agree to perform substantially in labor surplus areas (LSA’s) when this can be done consistent with the efficient performance of the contracl and at prices no higher than are obtainable elsewhere. The Contractor agrees to use its best efforts to place subcontracts in accordance with this policy. (c) Order of Preference. In complying with paragraph (b) above and with paragraph’(c) of the clause of this contract entitled Utilitation of Small Business Concerns and Small Disadvantaged Business Concerns. the Contractor shall observe the following order of preference in awarding subcontracts: (1) small business concerns that are LSA concerns, (2) other small business concerns. and (3) other LSA concerns. (d) Definitions. “Labor surplus area,” as used in this clause. means a geographi- cal area identified by the Department of Labor in accordance with 20 C.FR.§664. Subpart A. as an area of concentrated unemployment or underemployment or an area of labor surplus. “Labor surolus area concern.” as used in this clause. means a concern that together withits first-tier subcontractors will perform substantially in labor surplus areas. Performance is substantially in labor surplus areas if the costs incurred under the contract on account of manufacturing. production, or performance of appropriate services in labor surplus areas exceed 50 percent of the contract price.
Labor Surplus Area Subcontracting Program (a) See the Utilitation of Labor Surplus Area Concerns clause of this contract tar applicable definitions. (b) The Contractor agrees to establish and conduct a program to encourage labor surplus area (LSA) concerns to compete for subcontracts within their capabilities when Ihe subcontracts are consistent with the efficient performance Of the contract at prices no higher than oblainable elsewhere. The Contractor shall - (1) Designate a liaison officer who will (i) maintain liaison with authorized representatives of the Government on LSA matters. (ii) supervise comPliance with lhe Ulilizahon of Labor Surplus Area Concerns clause, and (iii) administer the Contractor’s labor surplus area subcontracting program; (2) Provide adequate and timely consideration of the potentialities Of LSA concerns in all make-or-buy decisions: (3) Ensure that LSA concerns have an equitable opportunity IO Compete !Or subcontracts. particularly by arranging solicilations. time for the preparation of offers, quantities, specifications, and delivery schedules so as 10 facililate the parhctpahon of LSA concerns: (4) Include the Utilizahon of Labor Surplus Area Concerns clause in subcon- tracts that offer substantial LS.4 subcontracting oppottuniues; and (5) Mamtam records showing (i) the procedures adopted and (II) the Contrac- tor’s performance, to comply with thus clause. The records WIII be kept available for rewew by the Government until the exprration of 1 year after the award of thts contract, or for such longer period as may be required by any other clause Of this contract or by applicable law or regutatiOnS. (c) The Contractor further agrees to insert in any related subcontract that may exceed f609.9r)O and that contains the Utilization of Labor SurpluS Area Concerns clause. terms that conform substantially IO the language of this clause. including thts paragraph (c), and to notrfy the Contracting Officer Of the names Of SUbcOntraC- tars. 3Y
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ATTACHMENT ‘A’
I Stone & Youngberg
,,I Established 1931
$1,159,636*
City of Carlsbad
Assessment District No. 92-1
(La Costa Downs)
Limited Obligation Improvement Bonds
CONTRACT OF PURCHASE
The Mayor and City Council
City of earlsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008- 1989
October -, 1995
Dear Mayor and City Council:
Pursuant to discussions with Bond Counsel, Brown, Diven & Hentschke, and our investigation and
analysis of the above captioned Bond issue of the City of Carlsbad (the “City”), Stone & Youngberg (the
“Underwriter”), hereby offers to purchase all of the above-referenced Bonds subject to the following
conditions:
1.
2.
3.
4.
5.
The Bonds shall be issued pursuant to the provisions of the Improvement Act of 1911 (Division
7 of the California Streets and Highways Code) (the “Bond A&“) and a resolution of the City
adopted on September 5, 1995 (the “Resolution of Issuance”) authorizing their issuance. The
Bonds shall be as described in, and shall be issued and secured under and pursuant to a Bond
Indenture, dated October 1, 1995.
The Bonds shall mature in amounts such that debt service will be approximately equal each year
(except in 1997) from January 2, 1997 through January 2,201l.
The Bonds shall be callable in advance of their stated maturity at 105% plus interest to the next
interest payment date.
Interest on the Bonds shall be paid semiannually each January 2, and July 2, commencing July 2,
1996.
The total principal amount of the Bonds to be issued shall not exceed $1,159,636.
’ Preliminary, not to exceed.
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1372 15260 VENTURA BOULEVARD - SHERMAN OAKS, CALIFORNIA 3,403 - TELEPHONE 818 789 2663
6. All Bonds shall be issued in registered form based on instructions to be delivered by the
Underwriter to the City prior to delivery of the Bonds. Each Bond issued shall be accompanied
by an attached principal and interest schedule.
7. Bonds shall bear interest at the rate of percent per annum ( %). The
purchase price shall not exceed $30,000.
.
8. The Bonds shall be dated and delivered October -, 1995.
9. The City shall, within 7 business days of the date hereof, deliver final Official Statements to the
Underwriter in sufficient quantity to comply with applicable Securities and Exchange
Commission and Municipal Securities Rulemaking Board regulations.
10. The City represents to and agrees with the Underwriter that:
(a) the City is and will be at the date of Closing duly authorized and existing under the
Constitution and laws of the State of California with the powers and authority, among others, (i)
to issue the Bonds pursuant to the Constitution of the State of California and the Bond Act, (ii) to
execute and deliver this Contract of Purchase, and (iii) to carry out and consummate the
transactions contemplated by this Contract of Purchase and the Bond Indenture;
(b) when delivered to and paid for by the Underwriter at the Closing in accordance with the
provisions of this Contract of Purchase, the Bonds will have been duly authorized, executed,
issued and delivered and will constitute valid and binding limited obligations of the City of the
character permitted to be issued by the Bond Act, in conformity with, and entitled to the benefit
and security of the Bond Indenture;
(c) by official action of the City prior to or concurrently with the acceptance hereof, the City
duly adopted the Resolution of Issuance and authorized and approved the execution and delivery
of, and the performance by the City of the obligations on its part contained in the Bonds, the
Bond Indenture and this Contract of Purchase;
(d) the adoption of a resolution of the City authorizing the Bonds issuance and the execution and
delivery of the Bonds and this Contract of Purchase, and compliance with the provisions on the
City’s part contained herein, will not conflict with or constitute a breach of or default under any
law, administrative regulation, judgment, decree, loan agreement, indenture, bond, note,
resolution, agreement or other instrument to which the City is party or is otherwise subject, nor
will any such execution, delivery, adoption or compliance result in the creation or imposition of
any lien, charge or other security interest or encumbrance of any nature whatsoever upon any of
the properties or assets of the City under the terms of any such law, administrative regulation,
judgment, decree, loan agreement, indenture, bond, note, resolution, agreement or other
instrument, except as provided by the Bond Indenture;
(e) to the best of its knowledge, there is no action, suit, proceeding, inquiry or investigation, at
law or in equity, before or by any court, governmental agency, public board or body, pending or
threatened against the City affecting the existence of the City or the titles of its officers to their
respective offices or seeking to prohibit, restrain or enjoin the sale, issuance or delivery of the
Bonds or the collection of revenues pledged or to be pledged to pay the principal of, and
premium, if any, and interest on the Bonds, or the pledge thereof, or in any way contesting or
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affecting the validity or enforceability of the Bonds, the Bond Indenture, or this Contract of
Purchase, or contesting the powers of the City or its authority to issue, enter into, adopt or
perform its obligations under any of the foregoing;
(I) all approvals, consents, authorizations, certifications and other orders of any governmental
authority, board, agency or commission having jurisdiction, and all filings with any such entities,
which would constitute conditions precedent to or would materially adversely affect the
performance by the City of its obligations hereunder or under the Bond Indenture, have been
duly obtained and no further consent, approval, authorization or other action by any
governmental or regulatory authority having jurisdiction over the City that has not been obtained
is or will be required for the issue and sale of the Bonds or the consummation by the City of the
other transactions contemplated by this Contract of Purchase, except as such may be required
under the state securities or Blue Sky laws in connection with the distribution of the Bonds by
the Underwriter.
(g) this Contract of Purchase and the Bond Indenture, have been duly authorized, executed and
delivered or adopted, as the case may be, by the City and constitute valid, binding and
enforceable limited obligations of the City in accordance with their respective terms except as
the same may be limited by bankruptcy, insolvency and other laws affecting creditors’ rights
generally.
Il. The purchase price of the Bonds shall be paid in full in federal funds to the order of the City,
upon delivery to the Underwriter of the Bonds accompanied by:
(a) The approving legal opinion of Brown, Diven & Hentschke, Bond Counsel. The legal
opinion shall be printed on the Bonds at no charge to the Underwriter.
(b) A no-litigation certificate of the City.
(c) The opinion of Brown, Diven & Hentschke, Bond Counsel, dated the date of Closing,
to the effect that (1) the Bonds are not subject to the registration requirements of the
Securities Act of 1933, as amended, and the Bond Indenture is exempt from
qualification pursuant to the Trust Indenture Act of 1939, as amended; and (2) the
Contract of Purchase has been duly authorized, executed and delivered by the City and
(assuming due authorization, execution and delivery by, and enforceability against, the
Underwriter) constitutes a valid and binding agreement of the City.
(d) An executed copy of the Continuing Disclosure Agreement.
12. (a) The City shall pay the following expenses incidental to the performance of the City’s
obligations hereunder: (i) the cost of the printing of the bonds, the Preliminary Official
Statement and the Official Statement; (ii) the fees, expenses and disbursements of
engineers, accountants, Bond Counsel, tax and special assessment services and of any
other experts or consultants retained by the City; and (iii) any other expenses and costs
of the City incident to the performance of its obligations in connection with the
authorization, issuance and sale of the Bonds, including out-of-pocket expenses of the
City.
(b) The Underwriter shall pay all expenses incurred by them.
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“C *: ,
13. The obligation of the Underwriter to accept delivery of and pay for the Bonds on the closing date
shall be subject, at the option of the Underwriter, to the following additional conditions:
(a) At the Closing Date, the Bond Indenture and any other applicable agreement shall be
in full force and effect, and shall not have been amended, modified or supplemented
except as may have been agreed in writing by the Underwriter, and there shall have
been taken in connection therewith, with the issuance of the Bonds and with the
transactions contemplated thereby and by this Contract of Purchase, all such actions
as, in the opinion of Bond Counsel shall be necessary and appropriate;
(b) Between the date hereof and the Closing Date, the market price or marketability of the
Bonds at the initial official prices set forth herein shall not have been materially
adversely affected, in the judgment of the Underwriter (evidenced by a written notice
to the City terminating the obligation of the Underwriter to accept delivery of and pay
for the Bonds) by reason of any of the following:
(1)
(2)
Legislation enacted or pending by the Congress of the United States of America
or a decision rendered by a court established under Article III of the Constitution
of the United Sates of America or by the Tax Court of the United States of
America or an order, ruling, regulation (final, temporary or proposed), press
release or other form of notice issued or made by or on behalf of the Treasury
Department, the Joint Tax Committee, or the Internal Revenue Service of the
United States of America, with the purpose or effect, directly or indirectly, of
imposing federal income taxation upon the interest as would be received by the
owners of the Bonds;
Legislation enacted or pending by the Congress of the United States of America,
or an order, decree or injunction issued by any court of competent jurisdiction or
an order, ruling, regulation (final, temporary or proposed), press release or other
form of notice issued or made by or on behalf of the Securities and Exchange
Commission, or any other governmental agency having jurisdiction of the subject
matter, to the effect that obligations of the general character of the Bonds, or the
Bonds, including any or all underlying arrangements, are not exempt from
registration under or other requirements of the Securities Act of 1933, as
amended, or that the Bond Indenture is not exempt from qualification under or
other requirements of the Trust Indenture Act of 1939, as amended, or that the
issuance, offering or sale of obligations of the general character of the Bonds, or
of the Bonds including any or all underwriting arrangements, as contemplated
hereby or by the Official Statement or otherwise is or would be in violation of the
federal securities laws as amended and then in effect;
(3) Any amendments to the Federal or California Constitution or action by any
Federal or California court, legislative body, regulatory body or other authority
materially adversely affecting the tax status of the City, its property, income,
securities (or interest thereon), validity or enforceability of the assessments or the
ability of the City to acquire the improvements or undertake the financing as
contemplated by the Bond Indenture and the Official Statement; or
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(4) Any event occurring, or information becoming known which, in the judgment of
the Underwriter, makes untrue or misleading in any material respect any
statement or information contained in the Official Statement concerning the City,
the Improvements, or the property assessed.
14. This contract is conditioned upon the successful consummation of the proceedings and should
said proceedings relating to the Assessment District No. 92-1 (La Costa Downs) for any reason
fail to be successfully consummated, there shall be no obligation on the part of the City.
Respectfully submitted,
STONE & YOUNGBERG
By:
Partner
Accepted this day of October, 1995
CITY OF CARLSBAD
By:
Lisa Hildabrand
Finance Director
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.
* DRAFT . . BOND INDENTURE r
This Bond Indenture (the “Indenture”) dated as of October 1, 1995, is entered into and approved by the
City of Carlsbad, (the “Issuer”) to establish the terms and conditions pertaining to the issuance of bonds
in a special assessment district known and designated as ASSESSMENT DISTRICT NO. 92-1 (LA
COSTA DOWNS) (the “Assessment District”). This Indenture and the Bonds shall constitute a contract
between the Issuer and the registered owners of the Bonds and shall in all respects be governed by the
provisions of the Improvement Act of 1911.
SECTION .l .
SECTION 2.
SECTION 3.
SECTION 4.
SECTION 5.
SECTION 6.
SECTION 7.
Unpaid Assessments. The Treasurer shall, immediately upon the completion of the 30-
day cash collection period, determine the assessments which are unpaid and the
aggregate amount thereof.
Registered Bonds. Said bonds shall be issuable only as fully registered bonds in the
respective denominations of the unpaid assessments against each lot or parcel of land
assessed in said special assessment district.
Date of Bonds. All of said bonds shall be dated the - day of October, 1995, and
interest shall accrue from that date.
Maturity and Denomination. The bonds shall be issued to represent each unpaid
assessment of One Hundred Fifty Dollars ($150,00) or more in serial form. The term of
the bonds shall be fourteen (14) years from the second day of January next succeeding
the next September 1st following their date and, at the expiration of said time, the whole
principal sum then unpaid shall be due and payable. On the second day of January of
each year, following the next September 1st after their date, a substantially even
proportion of the aggregate amount is due and payable to the registered owner of each
bond, until the whole is paid, with all accrued interest, as set forth on Schedule A
attached hereto.
Interest. Each bond shall bear interest at the rate of % per annum. Interest
shall be payable semiannually on the second days of January and July of each year,
commencing July 2, 1996.
Place of Payment. The principal and interest on the bonds shall be payable in lawful
money of the United States of America at the Office of the Treasurer.
Principal and interest on said bonds shall be paid by check to the registered owner
thereof at the registered owner’s address as it appears on the books of registration, or
at such address as may have been filed with the Treasurer for that purpose, as of the
15th day of the month immediately preceding said interest payment date (the “Record
Date”).
Redemption. The bonds may be redeemed by the owner of, or any person interested
in any lot or parcel of, the land described therein, at any time before maturity and before
commencement of proceedings for sale, upon payment to the Treasurer, for the
registered owner of the bond, of the amount then unpaid on the principal thereof, with
interest thereon (if not previously paid) up to the next succeeding January 2 or July 2, as
the case may be, at the rate set forth herein, and all penalties accrued and unpaid,
together with a premium of five percent (5%) of said unmatured principal.
. SECTION 8. Default. Should default be made in the annual payment upon the principal, or in the r payment of interest from the owner of said lot or parcel of land, or anyone in his or her
behalf, the registered owner of the Bond i s entitled on or after the second day of January
or July, as the case may be, following such default to declare the whole unpaid amount
to be due and payable, and to have said lot or parcel of land advertised and sold
forthwith, in the manner provided by law; provided however, that any bond may be
reinstated after such default in the manner provided in the Improvement Act of 1911. In
the event of a default in the annual payment from the principal hereof or in any payment
of the interest hereon from the owner of said lot or parcel of land, the Issuer shall have
no obligation to initiate proceedings to foreclose on said lot or parcel unless and until the
Owner of the Bond provides the City Treasurer with evidence that the registered owner
of this bond has been given notice of the delinquency to the Owner of such parcel
pursuant to Section 6500 of the Improvement Act. The Issuer shall have no obligation
to purchase such lot or parcel which is subject to foreclosure sale as a result of a default
in the annual payment upon the principal hereof or in any payment of the interest hereon.
In case of such default there shall be immediately added to such defaulted amount, two
percent (2%) of the amount thereof, and on the first day of each month following such
default there shall be added a further penalty of two percent (2%) of such defaulted
amount. The two percent (2%) penalty first imposed shall be retained by the Treasurer
as a cost of servicing the delinquency and all subsequent penalties shall be paid to the
registered owner of the bond along with and as a part of such defaulted payment.
SECTION 9. Exchange of Registered Bonds. Fully registered bonds may be exchanged for a like
aggregate principal amount of bonds of the same series, interest rate and maturity,
subject to the terms and conditions provided in the system of registration for registered
debt obligations, including the payment of certain charges, if any, upon surrender and
cancellation of this bond. Upon such transfer and exchange, a new registered bond or
bonds of any authorized denomination or denominations of the same maturity for the
same aggregate principal amount will be issued to the transferee in exchange therefore.
SECTION 10. Books of Registration. There shall be kept by the Treasurer sufficient books for the
registration and transfer of the bonds and, upon presentation for such purpose, the
Treasurer shall, under such reasonable regulations as the Treasurer may prescribe,
register or transfer or cause to be registered or transferred, on said register, bonds as
hereinbefore provided.
SECTION 11. Execution of Bonds. The bonds shall be executed manually or in facsimile by the
Treasurer. In case an officer who shall have signed or attested to any of the bonds by
facsimile or otherwise shall cease to be such officer before the authentication, delivery
and issuance of the bonds, such bonds nevertheless may be authenticated, delivered and
issued, and upon such authentication, delivery and issue, shall be as binding as though
those who signed and attested the same had remained in office.
SECTION 12. Authentication. Only such of the bonds as shall bear thereon a certificate of
authentication substantially in the form below, manually executed by the transfer agent
and registrar, shall be valid or obligatory for any purpose or entitled to the benefits of this
Indenture, and such certificate of the transfer agent and registrar shall be conclusive
evidence that the bonds so authenticated have been duly executed, authenticated and
delivered hereunder, and are entitled to the benefits of this Indenture.
2
FORM OF CERTIFICATE OF AUTHENTICATION AND REGISTRATION
This bond has been authenticated and
registered on
CITY TREASURER OF THE CITY OF
CARLSBAD, CALIFORNIA
as Paying Agent, Transfer Agent and
Registrar
SECTION 13. Negotiability, Registration and Transfer of Bonds. The transfer of any bond may be
registered only upon surrender thereof to the transfer agent and registrar, together with
an assignment duly executed by the owner or the owners attorney or legal
representative, in satisfactory form. Upon any such registration of transfer, a new bond
or bonds shall be authenticated and delivered in exchange for such bond, in the name of the transferee, of any denomination or denominations authorized by this Indenture, and
in an aggregate principal amount equal to the principal amount of such bond or principal
amount of such bond or bonds so surrendered. In all cases in which bonds shall be
exchanged or transferred, the transfer agent and registrar shall authenticate at the earliest
practical time, bonds in accordance with the provisions of this Indenture. All bonds
surrendered in such exchange or registration transfer shall forthwith be cancelled. The
legislative body may make a charge for every such exchange or registration of transfer
of bonds sufficient to reimburse it for any tax or other governmental charge required to
be paid with respect to such exchange or registration of transfer. The transfer agent and
registrar shall not be required to make such exchange or registration of transfer of bonds
between a Record Date and the next succeeding interest payment date.
SECTION 14. Ownership of Bonds. The person in whose name any bond shall be registered shall be
deemed and regarded as the absolute owner thereof for all purposes, and payment of or
on account of the principal and redemption premium, if any, of any such bond, and the
interest on any such bond, shall be made only to or upon the order of the registered
owner thereof or his legal representative. All such payments shall be valid and effectual
to satisfy and discharge the liability upon such bond, including the redemption premium,
if any, and interest thereon, to the extent of the sum or sums so paid.
SECTION 15. Mutilated, Destroyed, Stolen or Lost Bonds. In case any bond secured hereby shall
become mutilated or be destroyed, stolen or lost, the legislative body shall cause to be
executed and authenticated a new bond of like date and tenor in exchange and
substitution for and upon the cancellation of such mutilated bond or in lieu of and in
substitution for such bond destroyed, stolen or lost, upon the owners paying the
reasonable expenses and charges in connection therewith, and, in the case of a bond
destroyed, stolen or lost, his filing with the legislative body of evidence satisfactory to it
and to the Treasurer thereof that such bond was destroyed, stolen or lost, and of his
ownership thereof, and furnishing the legislative body with indemnity satisfactory to it.
SECTION 16. Cancellation of Bonds. All bonds paid or redeemed, either at or before maturity, shall
be cancelled upon the payment or redemption of such bonds, and shall be delivered to
the transfer agent and registrar when such payment or redemption is made. All bonds
cancelled under any of the provisions of this Indenture shall be destroyed by the transfer
agent and registrar, which shall execute a certificate in duplicate describing the bonds so
destroyed, and shall retain said executed certificate in its permanent files for the issue.
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‘r SECTION 17. L
SECTION 18.
SECTION 19.
SECTION 20.
IN WITNESS
Improvement Fund. The proceeds from the sale of the bonds, after deposit of required
amounts in the Redemption Fund, shall be placed in the fund hereby created, pursuant
to Sections 10602 and 10424 of the California Streets and Highways Code, as amended,
which shall be designated by this name of the Assessment District and called the
“Improvement Fund”, and the monies in said Fund shall be used only for the purposes
authorized in said assessment proceedings. Any surplus in the Improvement Fund after
completion of the improvements shall remain in the Improvement Fund for a period not
less than two (2) years from the receipt of bond proceeds as provided in Section 10427.1
of the California Streets and Highways Code, and thereafter shall be utilized or distributed
as determined by the legislative body.
Redemption Fund. Principal of and interest on said bonds shall be paid out of the
Redemption Fund as authorized pursuant to the “Improvement Act of 191 l”, being
Division 7 of the Streets and Highways Code of the State of California. Accrued interest
paid by the purchaser of the bonds, if any, shall be deposited in the Redemption Fund.
In all respects not recited herein, said bonds shall be governed by the provisions of the
Improvement Act of 1911.
Order to Print and Authenticate Bonds. The Treasurer is hereby instructed to cause
bonds, as set forth above, to be printed, and to proceed to cause said bonds to be
authenticated and delivered to an authorized representative of the purchaser, upon
payment of the purchase price as set forth in the accepted proposal for the sale of bonds.
Arbitrage Certificate. On the basis of the facts, estimates and circumstances now in
existence and in existence on the date of issue of the bonds, as determined by the
Treasurer, said Treasurer is hereby authorized to certify that it is not expected that the
proceeds of the issue will be used in a manner that would cause such obligations to be
arbitrage bonds. Such certification shall be delivered to the purchaser together with the
bonds.
WHEREOF, the Issuer has executed this Bond Indenture on the day and year first
hereinabove written.
CITY OF CARLSBAD
By:
FINANCE DIRECTOR
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