HomeMy WebLinkAbout1995-11-14; City Council; 13385; Carlsbad Ranch Assessment DistrictCI”‘,OF CARLSBAD -
AGREEMENT FOR THE
CERTAIN PUBLIC IMPROVEMENTS
RECOMMENDED ACTION:
Adopt Resolution No. qs”sa/ approving an agreement with Carlsbad Ranch Company, LP for the Acquisition, Construction and Financing of Certain Public Improvements for
Assessment District No. 95-01 for the improvements constructed on their property known as Carlsbad Ranch.
I ITEM EXPLANATION:
The City Council, at their meeting of December 13, 1994, approved proceeding with the formation of a financing program to fund the construction of certain public improvements
within or adjacent to the Carlsbad Ranch property. Since that meeting, the Carltas
Company and the City staff have worked to create a district financing plan that complies
with Council Policy 38 (Mello-Roos Districts) and/or 33 (Assessment Districts), and the
general direction given by the Council at that meeting.
Carltas, the property owner, has a need to proceed with construction of certain public
improvements included in the financing program in advance of the creation of a district.
This situation is fairly common and can be allowed at the discretion of the City Council.
Typically, the property owner and public entity sponsoring the financing district enter into
an acquisition agreement which specifies the conditions under which the property owner may proceed with the construction of certain facilities and expect to receive reimbursement for the cost of eligible improvements. The City entered into a similar agreement with the
Aviara developer when Alga Road was under construction.
The City staff, working with bond counsel and Carltas, has developed the attached
acquisition agreement which will allow Carltas to proceed with the construction of public facilities included within the financing district scheduled for formation in 1998. Under the
agreement, the property owner must construct the improvements to the City’s standards, and the City will acquire qualifying improvements subject to the approval of the City
Engineer.
Staff is recommending that Council adopt the attached resolution which will approve an
acquisition agreement with Carltas.
I ENVIRONMENTAL:
This action does not require environmental review.
I FISCAL IMPACT:
There will be no long term costs to the City. Initially, staff time will be expended during the
formation of the district, but these costs will be covered with the formation of the district,
I EXHIBITS:
1. Map of the proposed improvements.
2. Description of the proposed facilities.
3. Resolution No. 9 5 -3& / approving an agreement with the Carlsbad Ranch
Company, LP, for the Acquisition, Construction and Financing of Certain Public Improvements for Assessment District No. 95-l (Carlsbad Ranch).
EXHIBIT “A-l”
I C 0 N S-U L T #N T S
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CARLSBAD RANCH
A.D. COST ESTIMATE BREAKDOWN EXEIDIT
CARLTArn MVICLOP&mJT OMPANV
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REVISED 10-3-95
L - .
C
EXHlBIT“A"
THEFACILITIES
PHASE I*
Phase I can be generally defined as the construction proposed on Carlsbad Units 1,2 and 3, plus
Cannon Road, the overhead electric conversion to underground along Palomar Airport Road between
Paseo de1 Norte and Armada Drive, and the sidewalk improvement to Paseo de1 Norte.
A list ofPhase I construction items proposed to be included in the assessment district along with the
location map reference number (shown on Exhibit “A-l”) is as follows:
Location Map
Number Descrintion
1, 2, 4-7 Armada Drive from Cannon Road to Palomar Airport Road, including wet
utilities, sur&ce improvements and roadway grading. (The northerly 350 feet
of Armada Drive adjacent to Cannon Road will ultimately be known as Lego
Drive and is identified as such in Exhibit “C”, Cost Estimate).
15
1 Traffic signal at Cannon Road and Armada Drive.
12A Construction at Paseo de1 Norte/Palomar Airport Road intersection, including
widening for right-turn pocket, utility relocation, and trafXic signal
modifications.
12D
12B
Cannon Road center “common” improvements and south side improve-ments
including grading from Car Country Drive to Armada Drive.
Conversion of overhead electric lines to underground along Palomar Airport
Road from Paseo de1 Norte to Armada Drive.
Construction at Palomar Airport Road/Armada Drive intersection, including
median modifications, widening for right-turn pocket, utility relocations, and
traffic signal modification.
17 Features associated with pedestrian walkway along the westerly and southerly edges
of Lot 14 (hotel site), including wide sidewalk and retaining wall.
* It should be noted that items derived from Phases I and II were based not only on current plans
for Carlsbad Ranch Units 1,2, and 3, but also on the proposed design for the Master Carlsbad Ranch
Tentative Map, CT 94-09. Cannon Road plans have been prepared by Crosby, Mead, and Benton,
along with the proposed design for CT 94-09.
A-l October 3, 1995
13 Sidewalk along existing Paseo de1 Norte, east side, from Car Country Drive to
Palomar Airport Road.
20 CMYD temporary waterline relocation during construction adjacent to future
southerly Lego Drive/Armada Drive.
PHASE II **
Phase II can be generally defined as the construction of the Lego Drive public section, the Armada
Drive&ego Drive intersection resulting in a roundabout, public storm drain in Lego Drive, overhead
electric conversion to underground along Palomar Airport Road between Armada Drive and Bidden
Valley Road and Cannon Road between Armada Drive and the east side of proposed Pointe Parkway.
A list ofPhase II construction items proposed to be included in the assessment district is as follows:
Location Map
Number Descrintion
3 Lego Drive, public portion, including all wet utilities, surface improve-ments
and roadway grading.
cc Lego Drive/Armada Drive intersection to be constructed as a roundabout.
16 Cannon Road center “common” improvements and south side improve-ments
from Armada Drive to the east side of proposed Pointe Parkway,
approximately 1,280 feet.
12c
12E
12F
Construction at Hidden Valley Road/Palomar Airport Road intersection
including median modifications, utility relocations and trtic signal.
Conversion of overhead electric to underground along Palomar Airport Road,
from Armada Drive to Hidden Valley Road.
Upgrade of existing Palomar Airport Road median improvements, between
Armada Drive and Hidden Valley Road, including decorative concrete,
landscaping and irrigation.
21 Public trunk storm drain in Lego Drive.
** Items for Phase II were derived from the preliminary design for the Master Carlsbad Ranch
Tentative Map, CT 94-09, and plans for Cannon Road by Crosby, Mead and Benton.
A-2 October 3,1995
- EXHIBIT “B”
PBELIMINARY COST ESTIMATE
OF ACQUISITION COSTS
Item
PHASE I - Construction Costs
Armada Drive
Cannon Road from end to Armada Drive
Palomar Airport Road
Leg0 Drive
Promenade (Sidewalk, Retaining Walls,
and Viewing Area)
Paseo De1 Norte (Sidewalk only)
Waterline Relocation During Construction
Subtotal Phase I Construction Costs
PHASE II - Construction Costs
Cannon Road, from Armada to Pointe Parkway
Palomar Airport Road
Leg0 Drive
Roundabout
Lego Drive Public Storm Drain
Subtotal Phase II Construction Costs
Iotal Construction Costs
INCIDENTAL COSTS
Engineering @ 6 %
Soils Engineering
EnvironmentavArchaeology/paleontology
ConsuItant
Construction Management & Administration
City Plan Check Fees
City Inspection/Permit Fees
Design Surveys and Construction Staking
Contingency
Iotal Incidental Costs
Estimated Cost
$ 3,735,ooo
2,105,000
915,000
548,000
261,000
29,000
97,000
$ 7,690,00(1
$ 1,055,000
767,000
318,000
498,000
5 10,000
3,148,OOO
$ 10,838,OOO
$ 652,000
200,000
155,000
215,000
90,000
550,000
264,000
230,000
% 2,356,OOO
rOTAL COST ESTIMATE $ 13,194,ooo
B-l october3, 1995
EXHIBIT “C”
CARLSBAD RANCH
ACQUISITION AGREEMENT
DISCRETE COMPONENTS OF FACILITIES
I Phase
-EGO DRIVE (PUBLIC PORTION)
[Map No. 1)
Construction of the northern 350 feet
>f Armada Drive as multiple lane
‘oadway southerly from Cannon
?oad to roundabout where LEG0 Irive forks with Armada Drive
.:. ,. : : : : :.:.: : : : : .::..‘:,::: : : ..:;: : : : : : : : j,;,:: :,:i,:I:;,.i : :...: : :.: : : : : : : : : ::> ...: :.. . . . :.:: ... ( ::...:..: ::.:.:::.::: :.:::.:.:.: :...: j: :.jjj ::::j. ‘~~~~~lfl~~CC#NW’JENT !. ..I: . . . . ; .: ,; ., .: . : : ; : ; : ; : ,,
Grading & Utilities
Street Improvements
Traffic Signals &
Street Lights
Landscaping
l Site preparation includes rough grading (embankment
or excavation), and related costs.
l Installation of 8” pipe sanitary sewers with manholes
and a 6” lateral, in the roadway to collect and deliver to
the sewer line in Cannon Road, including related costs.
l Construction in roadway of 8” reclaimed water mains,
18” water mains, 2”/4” irrigation sleeve, and valves, 2
irrigation and 2 domestic water service meters,-and a
fire hydrant, including related costs.
l Installation in the roadway of storm drains, including 18”
and 48. main lines, 3 catch basins, and cleanout basin
to collect and convey surface run-off through culverts
and other drainage structures, including related costs.
a Raising subgrade to finished grade, installation of
concrete curbs, gutters, sidewalks, median and
placement of the required aggregate base and asphalt,
striping and 2 street signs, to provide a finished street,
including related costs.
l Installation of a 3-way traffic signal at Cannon Road and
the LEG0 Drive, including associated pavement
sensors, controller, and related costs; also, street lights
for the roadway, including related costs.
l Landscape and provide irrigation for the parkway and
median, including related costs.
C -- . .
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4RMADA DRIVE
(Map No. 2, 4, 5, 6, 7, 20)
Construction of Armada Drive from
fork with LEG0 Drive southerly to Dalomar Airport Road as a multiple
lane roadway
Grading & Utilities
(including temp. water line)
Street Improvements
Traffic Signals &
Street Lights
Landscaping
l Site preparation including clearing and grubbing, rough
grading in roadway, erosion control, including related
costs.
0 Installation in the roadway of 8” pipe sanitary sewers
with manholes and 8” laterals, including trenching and modification of existing manhole in Palomar Airport
Road, to collect and deliver to service in Palomar
Airport Road, including related costs.
l Construction in roadway of 8” reclaimed water mains
and connector vault, 16” water mains, 2”/4” irrigation
sleeve, valves, irrigation and domestic water service
meters, fire hydrants, and connection to existing
waterline in Palomar Airport Road, including related
COStS.
l Installation in the roadway of storm drains, including
main lines from 12’ to 72’, catch basins, and cleanout
basins to collect and convey surface runoff through
culverts and other drainage structures, including related
costs.
l Install temporary major water line adjacent to future
intersection of LEG0 Drive and Armada Drive.
l Raising subgrade to finished grade, installation of concrete curbs, gutters, sidewalks, pedestrian ramps,
retaining walls for sidewalk viewing areas, roadway
median, and placement of the required aggregate base
and asphalt, striping and street signs, to provide a
finished street, including related costs.
l Installation of wide sidewalk and retaining wall to
provide a pedestrian viewing area along perimeter of
hotel site, including related costs.
l Installation of street lights for the roadway, including
related costs.
l Landscape and provide irrigation for the parkway and
median, including related costs.
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CANNON ROAD
(Map No. 15)
Construction of full width
~ improvements from Car Country
Drive to Armada Drive.
PALOMAR AIRPORT ROAD
AND PASEO DEL NORTE
INTERSECTlON
(Map No. 12a)
Modifications of existing intersection,
including widening of right-turn
pocket, utility relocation, and traffic
signal modification.
I Grading and Utilities
Street Improvements
Traffic Signals and
Street Lights
Landscaping
Grading, Street
Improvements, Utilities,
Street Lights and Signals
l Demolition and removal of existing barricade and
fences, clearing and grubbing, rough grading of
roadway, and erosion control, including related costs.
l Installation in the roadway of sanitary sewers with
manholes, to collect and deliver to existing sewers in
Cannon Road, including related costs.
l Construction in roadway of steel reclaimed water lines,
mains, pressure reducing station, irrigation service, and
irrigation meter, including related costs.
l Installation in the roadway of storm drains, catch
basins, and cleanout basins to collect and convey
surface run-off through culverts and other drainage
structures, including related costs.
l Raising subgrade to finished grade, installation of
concrete curbs, gutters, sidewalks, pedestrian ramps,
roadway median, and placement of the required
aggregate base and asphalt, striping and street signs,
to provide a finished street, including related costs.
l Installation of street lights for the roadway, including
related costs,
l Landscape and provide irrigation for the parkway and
median, including related costs.
l Demolition of existing curb and gutter, relocation of
signage, utility boxes for telephone, cable television,
street lights, and installation of chain link construction
fence, including related costs.
l Widen street, replace base, pavement, curb and gutter,
pedestrian ramp, relocation of traftic control box,
including related costs.
l Relocation of street lights for the roadway, traffic signal
upgrade, including related costs.
PALOMAR AIRPORT ROAD
(RELOCATION OF OVERHEAD
ELECTRICAL LINES)
(Map No. 12d)
Conversation of overhead electric
lines to underground along Palomar
Airport Road, from Paseo del Norte
to Armada Drive
PALOMAR AIRPORT ROAD AND
ARMADA DRIVE INTERSECTlON
(Map No. 12b)
Widening of Palomar Airport Road
right-turn pocket, signal
modification, and utility relocations.
PASEO DEL NORTE FROM
CAR COUNTRY DRIVE TO
PALOMAR AIRPORT ROAD
(Map No. 13)
Install sidewalk along east side of
Paseo del Norte from Car Country
Drive to Palomar Airport Road.
14 LOT
(Map No. 17)
Installation of pedestrian walkway
along the west and south sides of
Lot 14 (hotel site)
Utilities
Grading, Utilities, Street
Improvements and Traffic
Signal
Lights
Street Improvements
Street Improvements
l Relocate overhead electric lines to underground,
between Paseo del None and Armada Drive, including
related costs.
l Demolition of existing curb and gutter, relocation of
utility boxes for telephone, cable television, street
signs, and telephone manhole.
0 Installation of 72” line, catch basin, connection to
exksting cleanout basins to collect and convey surface
run-off through culverts and other drainage structures,
including related costs.
l Widen street, replace base, pavement, curb and gutter, striping, pedestrian ramp, add median pavement,
including related costs.
l Install new traffic signal at Armada Drive, including
related costs.
l Install concrete sidewalk along east side of roadway from Car Country Drive to Palomar Airport Road,
including related costs.
l Installation of wide sidewalk and retaining wall to
provide a pedestrian viewing area along perimeter of
hotel site, including related costs.
II II. Phase II
LEG0 DRIVE AND ARMADA DRIVE
INTERSECtTON
(ROUNDABOUq (Map No. CC, 3)
Construction of the LEG0 Drive and
Armada Drive intersection as a
roundabout and public portion of
LEG0 Drive south of the roundabout.
Grading and Utilities
Landscaping
l Removal of Phase I pavement, sidewalk, and berms;
relocation of street lights and signs; and rough grading;
including related costs.
l Installation in street of 8” pipe, manholes, 8” lateral and
including related costs.
l Installation in roadway of reclaimed water lines, mains,
pressure reducing station, irrigation service, irrigation
meter, and fire hydrants, including related costs.
0 Installation in roadway of 24” and 42” pipe, catch basins
and cleanout, including related costs.
l Raising subgrade to finished grade, installation of
concrete curbs, gutters, sidewalks, pedestrian ramps,
roadway median, and placement of the required
aggregate base and asphalt, striping, street signs and monuments to provide a finished street, including
related costs.
l Installation of parkway landscaping, including related
costs.
LEG0 DRIVE:
TRUNK STORM DRAIN IN I I PRIVATE PORTlON OF STREET
(Map No. 21)
installation of trunk line storm drain
I
Storm Drainage
I
l Installation in roadway of 84” to 72” storm drain pipe
in private portion of LEG0 Drive. and cleanouts, including related costs.
CANNON ROAD
(Map No. 16)
Construction of Cannon Road
common improvements and south
side improvements from Armada
Drive to proposed Pointe Parkway.
Grading & Utilities l Clearing and grading and rough grading of site, erosion
control, slope planting and irrigation, including related
costs.
l Installation in roadway of reclaimed water line and PVC
mainline, valves, irrigation meters and backflow valves, and pressure release valves, including related costs.
0 Installation in roadway of 12” to 42” storm drain pipes,
catch basins, head wall and rip rap, including related
CO&.
5
PALOMAR AIRPORT ROAD
MEDIAN IMPROVEMENTS
(Map No. 129
Upgrade of existing Palomar Airport
Road median improvements
between Armada Drive and Hidden
Valley Road.
PALOMAR AIRPORT ROAD
(UNDERGROUND ELECTRIC),
(Map No. 12e)
Conversion of overhead electric
lines to underground along Palomar
Airport Road between Armada Drive
and Hidden Valley Road.
PALOMAR AIRPORT ROAD
AND HIDDEN VALLEY ROAD
INTERSECTlON (Map No. 12~)
Construction of intersection
improvements, including
modification of median, utility
relocation, and traffic signal.
Street Improvements
Traffic Signals &
Street Lights
Landscaping
Grading, Street
Improvements, Median &
Landscaping
Utilities
Grading, Street
Improvements &
Traffic Signal
l Raising subgrade to finished level, construction of
concrete curb, gutter, sidewalk, street, pedestrian and
golf arch culvert undercrossing, striping, medians,
installation of street and traffic signs and monuments,
including related costs.
l Installation in roadway of street light conduit, street
lights, including related costs.
l Installation of parkway and median landscaping and
irrigation, including related costs.
l Removal of existing median pavement, including related
costs.
l Construction of decorative median pavement, including
related costs.
l Install median landscaping and irrigation, including
related costs.
l Relocate overhead electric lines to underground,
including related costs.
l Demolition and removal of pavement, curb and gutter
and to median, including related costs.
l Construct base and street and stripe, including related
costs.
l Install traffic signal, including related costs.
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RESOLUTION NO. 95-321
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AND AUTHORIZING EXECUTION OF AN AGREEMENT FOR THE ACQUISITION, CONSTRUCTION AND FINANCING OF CERTAIN PUBLIC IMPROVEMENTS
WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD,
CALIFORNIA, is considering the formation of a special assessment
district under 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, for the installation
of certain public works of improvement in a special assessment
district, said assessment district known and designated as
ASSESSMENT DISTRICT NO. 95-1 (CARLSBAD RANCH) (hereinafter
referred to as the *'Assessment District"); and,
WHEREAS, the Streets and Highways Code of the State of
California, specifically the "Municipal Improvement Act of
1913", expressly authorizes the acquisition of any improvements
that are authorized to be installed under said law, and the
property owner, in order to proceed in a timely way with his
development, desires to install and/or cause the installation of
certain works of improvement prior to the adoption of the
Resolution of Intention; and,
WHEREAS, at this time there has been submitted to this City
Council for review and approval, an Agreement setting forth the
applicable rules and regulations for the construction,
installation and financing for those improvements to be
constructed by property owner.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
> .
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SECTION 1. That the above recitals are all true and correct.
SECTION 2. That the Agreement entitled "AGREEMENT FOR THE
ACQUISITION, CONSTRUCTION AND FINANCING OF CERTAIN PUBLIC
IMPROVEMENTS, ASSESSMENT DISTRICT NO. 95-l (CARLSBAD RANCH)" is
hereby approved and authorized for execution by the City.
SECTION 3. That said Agreement sets forth the applicable
terms and conditions, including rules and regulations for the
bidding, award, administration, construction and financing of
eligible public improvements to be included within the
referenced Assessment District. All final costs, pricing and
determinations of eligibility shall be as determined by the City
Engineer.
SECTION 4. That upon execution a copy of said Agreement
shall be delivered to the property owner, with the original
being kept on file in the City Clerk and open for public
inspection.
APPROVED and ADOPTED this
CITY OF CARLSBAD STATE OF CALIFORNIA
ATTEST:
gg
KAREN R. KUNDTZ, Assistant City Clerk
c
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STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CARLSBAD
I, KAREN R. KUNDTZ, ASSISTANT CITY CLERK of the CITY OF
CARLSBAD, DO HEREBY CERTIFY that the foregoing Resolution, being
Resolution No. 95-321, 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 reqular meeting of said City
Council held on the 14th day of November , 1995, and that the
same was passed and adopted by the following vote:
AYES: Council Members Lewis, Nygaard, Kulchin, Hall
NOES: None
ABSENT: Council Member Finnila
ABSTAIN: None
EXECUTED this 21st day of November , 1995, at Carlsbad,
California.
STATE OF CALIFORNIA
.-. . , .
AGREEMENT FOR THE ACQUISlTlON, CONSTRUCTlON AND
FINANCING OF CERTAIN PUBLIC IMPROVEMENTS
ASSESSMENT DISTRICT NO. 95-l
(CARLSBAD RANCH)
1996
THIS AGREEMENT is made and entered into this 15th JANUARY day of W, by and between the CITY OF CARLSBAO, a public agency of the State of California (hereinaft& referred to as “City”), andCarlsbad Ranch Corrpany , (hereinafter referred to as “Property Owner).
WHEREAS, the City is considering the formation of a special assessment district under the terms and
conditions of the “Municipal Improvement Act of 1913”, being Oivision 12 of the Streets and Highways
Code of the State of California, for the construction of certain public improvements, together with
appurtenances and appurtenant work within the jurisdictional limits of said City, said special assessment
district known and designated as ASSESSMENT DISTRICT NO. 95-l (CARLSBAO RANCH) (hereinafter
referred to as the “Assessment District”); and,
WHEREAS, Section 66462 of the Government Code of the State of California (“Subdivision Map Act”)
expressly authorires financing and completion of public improvements under an appropriate special
assessment act, and Section 10102 of the Streets and Highways Code (‘Municipal Improvement Act of
1913”) expressly authorites the acquisition of any improvements authorized to be constructed under said
law; and,
WHEREAS, Property Owner, in order to proceed in a timely way with its development, desires to
construct and has constructed certain public works of improvement that are proposed to be included with
the works of improvement for the Assessment District, namely, the improvements as set forth and
described in the attached, referenced and incorporated Exhibit “A”; and,
WHEREAS, the City and Property Owner are in agreement that the determined eligible works of
improvement may be included within the Assessment District financing at prices determined by said City
to be reasonable; and,
WHEREAS, it is the intent of this Agreement to provide that Property Owner shall, upon a successful
confirmation of assessment and sale of bonds for the Assessment District, be paid for the works of
improvement which are integral and a part of the Assessment District, at the prices as determined by the
City Engineer; and,
WHEREAS, the properties within the boundaries of the Assessment District will be assessed only for
those portions of the works of improvement that benefit the properties within the boundaries of the
Assessment District, and this Agreement will only cover those portions of said works of improvement;
and,
.
WHEREAS, in performing under this Agreement, it is mutually understood that Property owner is acting
as an independent contractor and not an agent of the City, and City shall have no responsibility for
payment to any contractor, subcontractor or supplier of the Property Owner; and,
,-.
-* -- _*- ‘_
WHEREAS, Property Owner shall be the owner of and retain title to all of the works of improvement
constructed pursuant to this Agreement until such time as the City, acting pursuant to the provisions of
the “Municipal Improvement Act of 1913”, shall acquire such works of improveme.lt. Upon such transfer,
such improvements shall become the property of the public agency and/or regulated utility authorized to
provide the service to the Assessment District; and,
WHEREAS, the City has no objection to purchasing the improvements from said Property Owner, and
Property owner is desirous that the City purchase said improvements, and at this time said improvements
are owned by Property Owner; and,
WHEREAS, if the work is not being constructed in a timely manner, the Cjty may, at its option, proceed
and install authorized facilities pursuant to applicable public contract laws, with payment to be made from
bond proceeds. Upon exercising this option, the work being constructed shall automatically be deleted
from this Agreement; and,
WHEREAS, Property Owner hereby further agrees to indemnify and hold harmless the city of any
challenge involving the validity or enforceability of this Agreement and Property Owner further agrees to
defend or provide the monies in advances for any defense as it relates to a challenge to this Agreement;
and,
.
WHEREAS, City may, at its option, terminate this Agreement at any time if any legal challenge is filed
relating to the validity or enforceability of this Agreement for this Assessment District.
NOW. THEREFORE, IT IS MUTUALLY AGREED between the respective parties as follows:
SECTION 1.
SECTION 2.
SECTION 3.
SECTION 4.
That the above recitals are all true and correct.
The City has no financial obligation to construct the improvements, and all expense for
said improvements, including all incidentals thereto, shall be borne by owners of property
within the Assessment District.
That said City does intend to proceed with the adoption of a Resolution of Intention and
the formation of a special Assessment District for the improvements above described,
however, the City reserves the right to determine those facilities which are eligible for final
funding.
That the City agrees to acquire and finance through the use of special- assessment
proceedings, and Property Owner agrees to convey all completed improvements to the
City, those improvements being all as set forth in the previously referenced Exhibit “AH.
Property Owner agrees to post with the City the required bonds to guarantee the
performance of the work and payment of all labor and materials, said bonds to be in the
amounts as determined by the City.
Property Owner shall be responsible for the maintenance and shall maintain said
improvements in a satisfactory condition prior to any final transfer and acceptance.
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SECTION 5.
SECTION 6.
SECTION 7.
SECTION 8.
SECTION 9.
SECTION 10.
SECTION 11.
No acquisition money shall be paid for any discrete component comprising a portion of
an improvement until such discrete component to be acquired has been irrevocably
offered for dedication by the Property Owner f:ee and Clear of all liens, claims and
encumbrances. The final payment for an improvement to be acquired shall not be paid
unless such improvement has been irrevocably offered for dedication by the Property
Owner and accepted by the City Council free and dear of all liens, claims and
encumbrances. Property Owner does hereby indemnify the City against all liens, claims
or encumbrances relating to any improvement to be acquired hereunder.
The final facilities and actual prices to be paid for said improvements are those that the
City believes to be integral and reasonable and to confer special benefit on properties
within the Assessment District.
The estimated prices for the improvements and incidental expenses are set forth in the
attached, referenced and incorporated Exhibit “B”. Final prices shall be based upon unit
prices and quantities as determined by the City to be reasonable, and no other costs and
expenses shall be allowed unless expressly authorized by the legislative body of the City;
however, final payment for the work shall not exceed the maximum amount for
construction as set forth in the Engineer’s “Report” as confirmed by the City Council. The
Property Owner shall provide all substantiating documentation and certifications of
authenticity as requested by the City in the determination of either the quantities of work
constructed or the prices to be paid for such improvements.
.
The estimated quantities set forth in the previously referenced Exhibit ‘B” shall be revised
to reflect the actual quantities of works of improvement actually constructed at prices as
determined by the City. Any final determination shall be made by the City as to the
prices and quantities to be paid. . .
The costs of acquisition shall also include the necessary engineering and related
incidental expenses, including, but not limited to, the preparation of pians, specifications,
bidding and all related documentation. Said final costs and expenses are to be
determined upon the completion of the works of improvement and certified by the City.
The cost for said works of improvement shall be spread in accordance with the benefits
received, as determined by the Assessment Engineer for the Assessment District.
All plans and specifications shall be submitted by the Property Owner, and all
improvements shall be bid and constructed in full compliance with all applicable local
rules and regulations as established and approved by the City Engineer. Property Owner
agrees to keep records and to allow the City to review said records for all bids and
contracts let for any of the improvements. City shall have the right to inspect all works
of improvement at any time during construction.
.
At any time that the work is not progressing within a reasonable time limit as determined
by the City Engineer, the City may provide written notice to.the Property Owner. In the
event that Property Owner does not cause progress to be made on the work to the
satisfaction of the City within 60 days afterreceipt of such notice, this Agreement can be
terminated by ten (10) days’ written notice. Following termination, upon satisfaction of
3
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the other provisions of this Agreement relating to payment for improvements or discrete
components thereof, the Property Owner shall be paid for any component of the
improvements set forth on Exhibit “C” hereto which it has completed prior to the
termination. Upon termination, the City may proceed to advertise and bid the balance of
any improvements or components thereof that have not been completed by Property
Owner, and the City will have no further obligation to pay Property Owner under this
Agreement with respect to the improvements or components so bid by,the City.
SECTION 12. Upon execution of ‘this Agreement and completion of the improvements, the City shall
have the right to use said improvements as determined necessary and integral for the
works of improvement within the Assessment District.
SECTION 13. The acquisition monies, upon the sale of bonds, shall be distributed pursuant to written
instructions executed by the Property Owner herein and any mortgagee or beneficiary
under any mortgage or deed of trust where proceeds of a loan were utilized to assist in
financing any portion of the improvements. Cash distribution will be made upon
execution of the appropriate written instructions, and in the absence of written
instructions, the purchase price for the improvements shall be paid to the Property Owner
and any mortgagee or beneficiary of a deed of trust as their interests may appear
(Streets and Highways Code Section 10311.5).
SECTION 14. The City agrees that, prior to the final completion and acceptance of an improvement
listed in Exhibit “A”, it will make payments to the Property Owner for certain discrete
components of the improvements as set forth in Exhibit ‘C” hereto. The payment to be
made to the Property Owner with respect to each discrete component listed in Exhibit “C”
shall be determined in accordance with the procedures set forth in Section 6 of this
Agreement as certified by the City Engineer and shall not exceed the maximum amounoS
set forth in Exhibit “C”. A reasonable amount of money due under this Agreement, not
to exceed 10% of the cost of the improvement or discrete component thereof being paid
for, may be withheld to cover final possible corrections or adjustments in the work. The
final payment with respect to an improvement shall be made within 30 days of the City
Council’s acceptance of the improvement.
SECTION 15. This Agreement is contingent upon the confirmation of assessments and successful sale
of bonds, and it shall be null and void if said bonds are not sold within a three (3) year
period following the date of this Agreement, or any mutually agreed extension; however,
this time can be extended by request of the Property Owner and concurrence of the
legislative body. Any sale of bonds shall be based upon recommendations of authorized .
consultants retained for the purposes of assisting and establishing terms and conditions
,for the sale of bonds.
SECTION 16. Property Owner hereby agrees to provide written notice to any potential purchasers of
lots in a form satisfactory to City so advising the potential owner of the fact of the
proposed or confirmed Assessment District, with said document being executed by the
potential owner. Such notice shall be provided to the potential owner a reasonable time
before the potential owner becomes contractually committed to purchase the lot so that
the potential owner may knowingly consider the impact of the assessment in the decision
to purchase the lot. A copy of all such notices executed by actual purchasers shall be
sent to the City.
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SECTION 17.
SECTION 18. This Agreement is binding upon heirs, assigns, and successors-in-interest.
SECTION 19. This Agreement, by its execution, amends and supersedes any terms and conditions that
may be inconsistent in any previous agreement, including any subdivision improvement
agreement, relating to the construction, installation or financing of said improvements.
SECTION 20.
SECTION 21.
Property Owner agrees to and shall assume the defense of, indemnify and hold harmless
the City, its officers and agents, from any action, damages, claims or losses of any type
resulting from this Agreement, including without limitation the design, engineering,
construction bidding, award of the contract anC; construction of the improvements. No
provision as contained herein shall in any way limit the extent of the responsibility of said
Property Owner for payment of damages resulting from the construction of the
improvements and/or any contractual relationships between Property Owner and
contractor and/or subcontractors.
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The prevailing party in any litigation relating to, interpreting or enforcing this Agreement,
shall be entitled to reasonable attorney’s fees as determined by the Court.
This Agreement and the construction of the improvements shall be subject to all local
laws and ordinances relating to the requirement of improvement agreements, land
division, improvement security or other applicable development requirements. .
EXECUTED by and bet%veen the parties hereto on the day and year first hereinabove written.
“CITY”
CITY OF CARLSBAD
STATE OF CAUFORNIA
ATTEST:
CITY CLERK
CITY OF CARLSBAD
STATE OF CALIFORNIA
“PROPERTY OWNER” CARLSBAD RANCH CclwANY, L.P. A California limited partnership
By: CARLTAS CWPANY, a California ltited partnership Its General Partner
5 By:
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: :, CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of PIGi II,’ mi
County of s&l Jkrqo
before me,
Name and iWe of Officer (e.g., =lane Doe. Notary Public”)
personally appeared (‘/@-I 5 mfm @ ctilds , Name(s) of Siiner(s)
FT ersonally known to me -8R 17 z to be the per.son(zt&
whose name(e)@are subscribed to the within instrument
and acknowledged to me that @st&#q-executed the
same i@hWtheirauthorized capacityfies), and that by
(@&Mhek signature(e) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted,
executed the instrument.
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this fom, to another document.
Description of Attached Document
Title or Type of Document: 4 c&&&n A-ij3k -/!5s &If 7)&~Lc No. 75-l f Gin
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer’s Name:
Cl Individual
0 Corporate Officer
Title(s):
cl Partner - 0 Limited 0 General
0 Attorney-in-Fact
Cl Trustee
0 Guardian or Conservator
q Other:
Signer Is Representing:
Top of thumb here
Signer’s Name:
0 Individual
0 Corporate Officer
Title(s):
II Partner - 0 Limited 0 General
q Attorney-in-Fact
0 Trustee
El Guardian or Conservator
Cl Other:
Signer Is Representing:
0 1994 National Notary Association - 6236 Remmet Ave., P.O. Box 7184 - Cancga Park, CA 91309-7164 Prod. NO. 5907 Reorder: Call Toll-Free 1-600-876-6627
January 16, 1996
Attention: Christopher Calkins Carltas Company 5600 Avenida Encinas, Suite 100 Carlsbad, CA 92008
Re: Agreement for Assessment District No. 95-l - Carlsbad Ranch
The Carlsbad City Council, at its meeting of November 14, 1995, adopted Resolution No. 95-321, approving an agreement with the Carlsbad Ranch Company for the acquisition, construction, and financing of certain public improvements.
Enclosed please find a copy of the agreement and a copy of Resolution No. 95-321 for your files.
dik.?i CMC Assistant Ci &lerk
KRK:ijp
Enclosures
1200 Carlsbad Village Drive - Carlsbad, California 92008-l 989 - (619) 434-2808 @