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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 I 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 ’ 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 6 7 6 9 1C 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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: . 1. That the above recitations are true and correct. 2. That the agreement between the City and Bramalea California, Inc., as presented is accepted. Ill /I/ Ill III Ill ill III 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 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 21 22 23 24 25 26 27 28 (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: 1 - 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. 2 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 ,e..:- 3 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 ,. .- . 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