HomeMy WebLinkAbout1995-09-19; City Council; 13312; Bramalea California, Inc. Agreement. W-Y OF CARLSBAD - AGEI”
AB # /3. TITLE: ACCEPTANCE OF AN AGREEMENT
MT& i-19-95
DEPT. FNG
BETWEEN THE CITY
AND BRAMALEA CALIFORNIA, INC. CITY *TTY&?
CITY YG-
RECOMMENDED ACTION:
Adopt Resolution No. ‘I5 -266 which will accept an agreement between the City and
Bramalea California, Inc. and authorize the Mayor to sign the agreement on behalf of the
City.
ITEM EXPLANATION:
Future Hidden Valley Road, which will provide access to Poinsettia Community Park from
Camino de las Ondas, requires the granting of right of way to the City from three property
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owners. Two, Greystone Homes and Sambi Seaside Heights, have granted the City the
necessary right of way and temporary easements to construct the portion of Hidden Valley
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Road on their property. The third, Bramalea California, Inc., will grant the necessary right
of way and easements when the attached agreement is executed by the City.
FISCAL IMPACT:
Acceptance of this agreement will cost the City an estimated $3,000 in grading costs and
$1,000 in erosion control costs. Using eminent domain proceeding to obtain this right of
way would cost substantially more and delay construction of the park until next year.
EXHIBITS:
1. Location map.
2. Resolution No. q 5- 2 6 6 accepting an agreement between the City and
Bramalea California, Inc. and authorize the Mayor to sign the agreement on behalf of the
City.
3. Agreement
PARK SITE
PROPERTY OWN R PbAT
SAMBI SEASIDE HEIGHTS
CT 92-02
“SAMBI”
BRAMALEA CALIFORNIA,INC.
CT 91-12 “MARINERS POINT”
00 u-r F CD 2
PROJECT NAME PROJECT EXHIBIT
POINSETTIA COMMUNITY PARK NUMBER 3348 1
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RESOLUTION NO. 95-366
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ACCEPTING AN AGREEMENT
BETWEEN THE CITY AND BRAMALEA CALIFORNIA, INC. AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT ON
BEHALF OF THE CITY
WHEREAS, the City Council of the City of Carlsbad has determined it necessary,
desirable and in the public interest to construct Hidden Valley Road to provide access
to the City’s Poinsettia Community Park and
WHEREAS, it is necessary to obtain right of way and construction easements from
adjacent property owners in order to construct Hidden Valley Road and
WHEREAS, an adjacent property owner, Bramalea California, Inc., will grant the
necessary right of way and construction easements for Hidden Valley Road upon
acceptance of the agreement by the City
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:
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1. That the above recitations are true and correct.
2. That the agreement between the City and Bramalea California, Inc., as
presented is accepted.
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3. That the Mayor of the City of Carlsbad is authorized to sign the agreement on
behalf of the City.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the 19th day of SEPTEMBER , 1995 by the following vote, to wit:
AYES: Council Members Lewis, Nygaard, Kulchin
NOES: None
ABSENT: Council Members Finnila, Hall
CLAUDE A. LEWIS, Mayor
Al-f-EST:
ALETHA L. RAUTENKRANZ, City Clerk
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(SEAL)
AGREEMENT BETWEEN BRAMALEA CALIFORNIA INC.
AND THE CITY OF CARLSBAD
This Agreement, made and entered into as of the 21st day of SEPTEMBER ,
1995, by and between the City of Carlsbad, a municipal corporation, hereinafter referred
to as “City” and Bramalea California, a California Corporation, hereinafter referred to
“Developer”.
RECITALS
WHEREAS, City plans to grade Hidden Valley Road as a part of the Poinsettia
Park project, Project No. 3348; and
WHEREAS, a portion of Hidden Valley Road will be on property currently owned
by Developer; and
WHEREAS, Developer has an approved tentative map on property where a portion
of Hidden Valley‘Road will be located; and
WHEREAS, Developer is legally obligated to construct that portion of Hidden
Valley Road on Developer’s property as a condition of City’s approval of a final map on
Developer’s property; and
WHEREAS, City and Developer find it in their mutual interest to proceed with the
grading of Hidden Valley Road to provide access to Developer’s property and City’s
Poinsettia Park.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Developer hereby agree as follows:
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1. Upon execution of this agreement by City, Developer will deliver to City an
executed, original Corporation Grant Deed of Easement prepared by City for (1) street
right-of-way, and (2) construction access easements on adjacent Developer property.
Deeds are to be recorded at City expense with title insurance guarantee for Bramalea.
2. City will grade the portion of Hidden Valley Road on property owned by
Developer at no charge to Developer in accordance with (1) improvement plans identified
as City of Carlsbad Drawing #331-4, signed by City Engineer on September 22, 1994,
and (2) CT 91-12 as approved. Any changes to these plans which affect Developer’s
portion of Hidden Valley Road and Developer’s intended development of CT 91-12 shall
be approved by Developer prior to commencement of any work related to the change
in plans.
3. City will be responsible for restoration, and re-vegetation, and maintenance,
if any, to adjacent landscape area, and for all erosion control measures, including
NPDES and Coastal Commission requirements, for the disturbed area and graded street
area necessitated by the grading of Hidden Valley Road on the property owned by
Bramalea until such time as Developer is required to complete the improvements in
accordance with the Conditions of Approval for CT 91-12.
4. City will not require payment or reimbursement from Developer for the cost
of improvements to Hidden Valley Road to be made by City. Developer shall be required
at its expense, to complete the improvements to that portion of Hidden Valley Road
described in the Corporation Grant Deed of Easement in accordance with the conditions
of approval for Unit “C”, CT 91-12, as stated in City Council Resolution No. 94-83.
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5. City will provide copies to Developer, at no cost, of all necessary studies,
reports, exhibits, improvement plans, specifications, and any other documents possessed
by City necessary for Developer to construct its on-site portion of Hidden Valiey Road.
The City hereby licenses Developer, at no cost, to construct the on-site portion of Hidden
Valley Road in accordance with said plans.
6. If City has not completed the grading of that portion of Hidden Valley Road
on Developer’s property within six (6) months from the effective date of this agreement,
the easements shall be reconveyed to Developer, at no cost (including construction costs
incurred by City) with title in the same condition in which it was conveyed to the City.
Grading shall be deemed complete when a final soils report approved by the City is
delivered to Bramalea.
7. City shall be responsible for any fees associated with the grading of Hidden
Valley Road including, but not limited to, agricultural mitigation fees.
8. City agrees with Developer that nothing in this agreement is inconsistent
or contradictory with the Mariners Point project approvals, including, but not limited to,
Zone 20 Specific Plan and CT 91-12, nor shall anything in this agreement be considered
to amend those Conditions of Approval.
9. The provisions of this agreement shall inure to and bind each of the parties
hereto, and each of their respective heirs, executors, administrators, successors, and
assigns.
10. Developer, its officers, employees, contractors, consultants, agents or
representatives shall not be liable for any claims, liabilities, penalties, fines, or any
damage to goods, properties or effects of any person whatsoever, nor for personal
injuries or death caused by, or resulting from, any intentional or negligent acts, errors or
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omissions of City or City’s contractors, consultants, agents, employees, or
representatives arising out of or in connection with the City’s grading of Hidden Valley
Road. City agrees to defend, indemnify, and hold free and harmless Developer and its
officers, employees, contractors, consultants, agents or representatives against
any claims, liabilities, penalties or fines, including liabilities or claims by reason of alleged
defects in any plans and specifications, and any cost, expense or attorney’s fees which
are incurred by Developer on account of the grading work to be done by City.
BRAMALEA CALIFORNIA, INC
(Title)
Mavor
(Title)
By&&/x/&K
(Signature)
(Title)
DATE: 9-7q.5 . DATE: September 21, 1995
APPROVED AS TO FORM:
RONALD R. BALL
Ad2 l?Lae
City Attorney jx 21. ?A-*
4 ,. .-
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r BRAMALEA CALIFORNIA, INC. -
CERTIFICATE OF INCUMBENCY
I, Michael F. Wintemute, Secretary of Bramalea California, Inc., a California corporation, hereby
certify that the following persons have been duly elected and/or appointed to the position(s) set
opposite their respective names, that said elections and/or appointments are in full force and
effect and, except where indicated, that any two of the following persons are authorized to
execute and deliver documents on behalf of the Corporation, having regard to the specifications
set out below.
DIRECTORS
Marvin G. Marshall
OFFICERS
Marvin G. Marshall
Jeffrey G. Roos
Emile K. Haddad
Michael F. Wintemute
- President
- Senior Vice-President, California Division
- Senior Vice-President, Land Operations
- Vice-President FinanceChief Financial Officer and Secretary
IN WlTNESS WHEREOF, I have hereunto signed my name and affixed the corporate seal of
Bramalea California, Inc.
DATED June 1, i995
.; .-.
N/&x42& ,
Michael F. Wintemute, Secretary