HomeMy WebLinkAbout1995-12-12; City Council; 13434; AGREEMENT TO PAY FAIR SHARE OF COST FOR CANNON ROAD WEST CT 85-24 UNIT NO. 51
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Clo OF CARLSBAD - AGEW BILL . ~~;? CY (
AB # m TITLE: AGREEMENT TO PAY FAIR SHARE DEPT?
MTG. 12/12/95. OF COST FOR CANNON ROAD WEST CITY A
CITY ru DEPT. ENG ET 8514 UNIT NO. 5
RECOMMENDED ACTION:
Adopt Resolution No. 9 5-353 approving an agreement with Upland Industries, I
pay fair share of the cost of Cannon Road West and authorizing release of bond!
sewer lift station.
ITEM EXPLANATION:
The developer of the Carlsbad Research Center (CT 85-24, Unit No. 5), lots 92 tt-
109 was originally conditioned that no building could occur on the lots unless Fc
Avenue was connected to Cannon Road.
The property owner desires and the City agrees to put that obligation entirely on .
and release lots 92 through 108 from that condition. The owner, in exchange, agl
pay its fair share of the cost of the extension of Cannon road from Car Country Drii
Camino Real. The attached agreement, signed by the owner, sets forth the details
agreement and the fee to be paid. The owner has also constructed an interim secl
access road to the project.
In addition to access, the Carlsbad Research Center was conditioned to guarant,
sewer service would be available to Unit No. 5 by posting a bond in the am
$507,800 for the construction of an interim sewer pump station in the Soutt
Hedionda line. Since that time, the Ctty implemented a revised sewer master pi,
includes construction of the South Agua Hedionda line and pump station. The de\
has also constructed an interim pump station that will sewice Unit No. 5 until the
Agua Hedionda pump station is constructed. As this effectively meets the r(
condition, staff recommends the bond be released in full.
FISCAL IMPACT:
The developer will pay a deposit in the amount of $202,293 prior to the first building
issued on any of the above lots. The actual amount of the fair share payment s
determined at the time the City Council adopts the fee program for Cannon Roac
Payment of the above deposit will allow the developer to develop lots 92 through
EXHIBITS:
1. Location map.
2. Resolution No, 7 5 -.3 58 approving an agreement with Upland Industries
pay fair share of the cost of Cannon Road West (with copy of agreement attac
Exhibit A to resolution).
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LOTS 92 - 109
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Exhibit 2 0 0
RESOLUTION NO. g 5 - 3 5 0
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING AN AGREEMENT WITH UPLAND
INDUSTRIES, CORPORATION TO PAY FAIR SHARE COST OF CANNON
ROAD WEST, AND AUTHORIZING RELEASE OF BONDS FOR A SEWER
LIFT STATION, CT 8524, UNIT NO. 5, CARLSBAD RESEARCH CENTER.
WHEREAS, Upland Industries Corporation, a Nebraska Corporation, hereinaftc
to as 'developer, desires to build on Lots 92 through 108 in Carlsbad Tract No. 852~
WHEREAS, the developer is requesting Council approval of an interim agreeme
"Waiver and Consent to Creation of a Facility Impact Fee Program and Agreement tc
Share Cost of Cannon Road West' whereby developer agrees to pay the City $202,29
their fair share cost of the financing of Cannon Road West and to waive their right to r
establishment of a facilrty impact fee for the construction of Cannon Road West; and
WHEREAS, the CQ Council of the Crly of Carlsbad determined it to be in
interest to approve said agreement;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
California, as follows:
1. That the above recitations are true and correct.
2. That the Mayor is directed to sign the agreement entitled 'Waiver and C
Creation of a Facility Impact Fee Program and an Agreement to Pay Fair Share Cost c
Impact Fee Program and Agreement to Pay Fair Share Cost of Cannon Road West.'
3. The City Clerk of the Ci of Carlsbad is hereby authorized to cause the
to recorded in the office of the County Recorder of San Diego County, State of Cali
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4. That the City Engineer is hereby authorized and directed to release
performance and labor and materials bonds for interim South Agua Hedionda Lift Stai
notify Union Pacific Realty.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City
, 1995 by the following vote, to wit: held on the 1Zth day of December
AYES:Council Members Lewis, Nygaard, Kulchin, Finnila,
NOES: None
ABSENT None
ATTEST
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Assistant City Clerk
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