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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. > . 1 2 3 4 5 8 7 8 9 10 11 12 16 17 18 19 20 21 22 23 24 25 26 27 28 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. - 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