HomeMy WebLinkAbout1999-02-16; City Council; 15058; Evans Point. CII I Y OF CARLSBAD -AGENDA dlLL I
4B# I$oSb TITLE- d APPROVAL OF A
REIMBURSEMENT AGREEMENT WITH JITG. 2/i 6199 SHEA HOMES FOR COSTS OF CONSTRUCTION OF A
PORTION OF THE EL CAMINO REAL MEDIAN IEPT. ENG
CT% -03
RECOMMENDED ACTION:
Adopt Resolution No. 9 9 @6 3 approving a reimbursement agreement with the Shea Homes
for the construction of the northeasterly half of the median in El Camino Real and authorizing the
appropriation of funds from the Public Facilities Fee fund to pay for the construction of the median.
ITEM EXPLANATION:
Shea Homes, Limited Partnership, a California limited partnership, is the developer of CT 91-03 a subdivision project commonly known as Evans Point. Condition 96.C of the developer’s final map
requires the construction of half street improvements plus full median for a portion of El Camino Real. As a part of that condition of approval, one-half of the median improvements were determined
to be eligible for reimbursement from the appropriate City fund. Shea Homes has constructed the
median improvements and the City has assumed their maintenance. City staff has reviewed the
costs of construction submitted by Shea Homes and has determined that the cost of one-half of the
median constructed in El Camino Real by Shea Homes is $93,936.60.
City staff has prepared a reimbursement agreement as provided in the conditions of approval of the
subdivision. Shea Homes has agreed to the provisions of the agreement and to accepting $93,936.60 as the total reimbursement for the median construction. Since the construction of
median improvements in the reach of El Camino Real that Shea Homes constructed is a capital
construction project programmed to be constructed during fiscal year 1998-99 the time of payment
is appropriate. The full text of the proposed agreement is attached as Exhibit 3.
ENVIRONMENTAL REVIEW:
The condition of approval for construction of the median and reimbursement for half median
improvements was found to be in compliance with Environmental Impact Report 91-Z. This action
before the City Council has prior compliance under CEQA.
FISCAL IMPACT:
The total cost of reimbursable work that has been constructed by Shea Homes pursuant to the proposed reimbursement agreement is $93,936.60. The City Council has approved the
programming of $150,000.00 from the Physical Facilities Fund for medians in El Camino Real
during the 1998-99 fiscal year in the 1998-99 Capital Projects budget.
EXHIBITS:
1. Location Map.
2. Resolution No. 9’1 * 6 3 approving a reimbursement agreement with the Shea Homes
for the construction of the northeasterly half of the median in El Camino Real and authorizing
the appropriation of funds from the Public Facilities Fee fund to pay for the construction of the median.
3. Reimbursement agreement dated December 18,1997.
PROJECT NAME PROJECT EXHIBIT EVANS POINT NUMBER
CT91-03 I
AWN By. SCOTT EVANS. CARLSBAD ENGINEERING DEPT. 2
RESOLUTION NO. 99-63
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A REIMBURSEMENT
AGREEMENT WITH SHEA HOMES FOR COSTS OF
CONSTRUCTION OF A PORTION OF THE EL CAMINO REAL
MEDIAN AND AUTHORIZING THE APPROPRIATION OF FUNDS FROM THE PHYSICAL FACILITIES FUND FOR THE
CONSTRUCTION OF THE NORTHEASTERLY HALF OF THE
MEDIAN IN EL CAMINO REAL.
/’ I
WHEREAS Shea Homes, Limited Partnership, a California limited partnership, is, -is a
8 condition of approval for Carlsbad Tract 91-03 (Evans Point), conditioned to construct the full
9 median improvements in El Camino Real along the frontage of said tract; and
10 WHEREAS, the condition of approval of said tract states that half median improvements
11 are eligible for reimbursement from appropriate City funds; and
WHEREAS, the Reimbursement Agreement prepared in conformance with the condition of
12 approval requiring the construction and providing for the reimbursement therefor of the cost of
13 one-half of said median construction states that the City will reimburse Shea Homes in the
I4 amount of $93,936.60; and
15 WHEREAS, Shea Homes, Limited Partnership, a California limited partnership, has
1s requested Council approval of a reimbursement agreement for the construction cost of one-half of
17 said median construction; and
18 WHEREAS, funds have been programmed in the Capital Projects budget in fiscal year
1g 1998-99 to pay for the construction of cost of one-half of said median construction; and
20 WHEREAS, Shea Homes, Limited Partnership, a California limited partnership, has
constructed said median improvements to the satisfaction of the Public Works Director; and 21
WHEREAS, funds are available in the Public Facilities Fee fund to reimburse
22 Shea Homes, Limited Partnership, a California limited partnership.
23 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
24 California, as follows:
25 1. That the above recitations are true and correct.
28 2. That the reimbursement agreement executed by Shea Homes, Limited
27 Partnership, a California limited partnership and the City, dated July 8, 1998, is hereby approved
28 and the Mayor is authorized to sign said agreement on behalf of the City.
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3. That the Finance Director is hereby directed to disburse funds to Shea Homes,
Limited Partnership, a California limited partnership in the amount of $93,936.60 from the
El Camino Real Median account.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the 16th day of February , 1999 by the following vote, to wit:
AYES: Council Members Lewis, Hall, Nygaard and Kulchin
NOES: None
until Member Fin
ATTEST:
tant City Clerk
(SEAL)
-
RECORDING REQUESTED BY CITY OF CARLSBAD
WHEN RECORDED MAIL TO
City Clerk CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad. CA. 92008
CTION OF IMPROVE
CAMINO REAL MED
6%
byandbetwee
and SHEA HO
hereinafter refe
street improvements p
eligible for reimbursemen
WHEREAS, City and Develop
&his line for Recorder’s use.
‘construction of half
median improvements
I interest to proceed with the
construction of improvements to El Camino Real.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained
herein, City and Developer hereby, agree as follows:
1. That the City shall reimburse Developer for one half (%) the actual costs of construction of the
El Camino Real median as shown on Exhibit A attached to this agreement, determined to be
$93.936.60.
.
2. That payment of the $93,936.60 is the total and complete reimbursement of costs due the
Developer for the El Camino Real median and Developer waives any and all claims known or
unknown to any additional sums, costs or claims.
3. That payment of the $93,936.60 shall be made in a lump sum after the City’s
acceptance of the street improvements and during the City’s Fiscal Year 1998-99.
(title and organiz
Richard Gustafson
1, a California
iiCo., Inc. a
This agreement shall be e
(print name here)
Assistant Secretary, J.F She
iitle andZganization of signatory)
day of
:igaf
@rnia
-
ssistant City Cl
(Proper notarial acknowledgment of execution by Contractor must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
erk
RONALD R. BALL
ET....+
a-/8-‘19.
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STATE OF CALIFORNIA
;ss.
COUNTY OF SAN DIEGO 1
On ruiy w, 1998
Mark Brock and Richard Gustafsorz,
before me, Rhonda M Angel, Notary Public, personally appeared
personally known to me to be the persons whose names are
subscribed to the within instrument and acknowledged to me that they executed the same in their
authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf
of which the persons acted, executed the instrument.
WITNESS MY HAND AND OFFICIAL SEAL.
Rhonda M. Angel, Notary P
SEAL:
. City of Carlsbad
February 22,1999
County Recorder
PO Box 1750
San Diego CA 921124147
Enclosed for recordation is the following described document:
Agreement for Reimbursement of Costs . . . El Camino Real Median
Shea Homes, Limited Partnership
CT 91-03
Also enclosed are instructions on how the City of Carlsbad is to be billed for the
recordation fees incurred.
Thank you for your assistance with this item.
KATHLEEN D. SHOUP
Sr. Office Specialist
1200 Carlsbad Village Drive 0 Carlsbad, CA 92008-l 989 - (760) 434-2808 aa
City of Carlsbad
February 22,1999
Shea Homes, San Diego, Inc.
10721 Teena Street, Suite 200
San Diego, CA 92131
F Rf!iM@URS&AltENT AGREEMENT - 1
CONSTRWTKWC;OST~ OF EL CAMfNO REAL MEDIAN
Enclosed for your reference are copies of Carlsbad City Council Agenda Bill
No. 15,058, and Resolution No. 99-63. These documents went before the City
Council on February 16, 1999, when the Resolution was adopted, approving the
reimbursement agreement.
Also enclosed is one a fully executed Reimbursement Agreement for the project
referenced above.
If you have any questions regarding your contract, please call Mr. Walter Brown,
Engineering Department. Mr. Brown can be reached at (760) 438-l 161,
extension 4352.
Kathleen D. Shoup
Sr. Office Specialist
1200 Carlsbad Village Drive - Carlsbad, CA 92008-I 989 - (760) 434-2808 49