HomeMy WebLinkAbout2000-04-04; City Council; 15679; South Agua Hedionda Interceptor SewerCllrir OF CARLSBAD -AGENDA BILL ‘.__..
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MTG. 4/04/00
DEPT. ENG
TITLE- L APPROVAL OF AN OVERSIZING
REIMBURSEMENT AGREEMENT WITH CYPRESS VALLEY, LLC,
FOR THE CONSTRUCTION OF SOUTH AGUA HEDIONDA CITYATTY. ’
INTERCEPTOR SEWER REACHES SAHT2B 8, SAHT2C
CMWD PROJECT NO. 92-406, PROJECT NO. 35631 CITY MGRS
RECOMMENDED ACTION:
Adopt Resolution No. 2000-105 for approval of an Oversizing Reimbursement Agreement with Cypress Valley, LLC, for the Construction of South Agua Hedionda Interceptor Sewer Reaches SAHT2B & SAHT2C; CMWD Project No. 92-406, Project No. 35831.
ITEM EXPLANATION:
The Cypress Valley, LLC, is the owner/developer of Calavera Hills Villages Q and T, which are CT 83-19 and CT 83-32, respectively. To provide sewer service for these tracts Cypress Valley, LLC, constructed reaches SAHT2B and SAHT2C of the South Agua Hedionda Interceptor Sewer. These sewer pipelines extend from the intersection of El Camino Real and Cannon Road northeasterly to Lake Calavera. The pipelines consists of 3,703-feet of IO-inch diameter PVC pipe and 3,686-feet of 12-inch diameter PVC pipe. The pipe size required to convey the sewer flow for Calavera Hills is IO-inch diameter.
Cypress Valley, LLC, has agreed to construct the sewer pipelines with a reimbursement agreement to pay for oversizing from IO-inch diameter to 12-inch diameter plus the costs to acquire necessary easements and a groundwater dewatering permit and monitoring.
ENVIRONMENTAL IMPACT:
A Mitigated Negative Declaration was issued for SAHT2B & SAHT2C on June 30, 1998 under EIA 98-04 by the Planning Director.
FISCAL IMPACT:
The total cost for the work covered by the sewer reimbursement agreement is sixty one thousand eighty two dollars ($61,082). Funds in the amount of $70,000 are appropriated in the Fiscal Year 1999/2000 Capital Improvement Program from the Sewer Benefit Zone Fee program. Following is a summary of the project costs:
OVERSIZING COST FOR AGUA HEDIONDA INTERCEPTOR SEWER REACHES SAHTZB AND SAHT2C I
Over Sizing Cost of Sewer Pipeline Cost of Easements Dewatering Permit Fee Dewatering Monitoring Overhead Cost TOTAL COST Existing Appropriation
ADDITIONAL APPROPRIATION
$25,802
f ’ Ez $I!$52 $3,728 $61,082 $70,000 -o- ’
EXHIBITS:
1.
2.
3.
Location Map for Interceptor Sewer reaches SAHT2B and SAHT2C.
Reimbursement agreement.
Resolution No. 2000-105 and its attachment, Exhibit “A”, for Approval of an Oversizing Reimbursement Agreement with Cypress Valley, LLC, for the Construction of South Agua Hedionda Interceptor Sewer Reaches SAHT2B & SAHT2C, CMWD Project No. 92-406, Project No. 35831.
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PROJECT NAME PROJECT EXHIBIT
SOUTH AGUA HEDIONDA INTERCEPTOR SEWER NUMBER
REACHES SAHTZB & SAHTZC 92-406 I
AWN BY:SCOTJ EVANS. CARLSBAD ENGINEERING DEPT
- Exhibit 2
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AGREEMENT FOR REIMBURSEMENT OF
COSTS FOR CONSTRUCTION OF OVERSIZED SEWER LINES
AND PAYMENT OF OTHER COSTS FOR SOUTH AGUA HEDIONDA
INTERCEPTOR SEWER REACHES (SAljTPB AND SAHT2C)
IN CONJUNCTION WITH CALAVERA HILLS VILLAGES VILLAGES Q & T
CITY OF CARLSBAD TRACTS 83-19 AND 83-32
This Agreement For ..Reimburtiement Of Costs For Construction Qf Sewer Main
Improvements In ‘Conjunction With Calavera Hills Villages Q ’ & i’j”‘dated as of ._ ‘G.,
, 2000, (“Agreemen?), is made at Carlsbad, California, between
CYPRESS VALLEY, LLC a Delaware limited liability Company (CYPRESS), and the CITY OF
CARLSBAD, (“City”) with reference to the following recitals:
RECITALS .
A. Cypress is the record owner of certain real property located in the City of
Cadsbad, California, more particularly described on Exhibit “A” attached hereto and made a
part hereof (CALAVERA HILLS). The Calavera Hills consists of st3ve&i vill&~, as designated
on Exhibit “A”. As used herein, the term ‘Village” shall refer, as ind@at+* $6 one or more of
such Villages so designated on Exhibit “A.” L.
B. All of the Villages of Calavera Hills, are herein referred to collectively as the
“Calavera Hills Project.” Cypress is the developer of the Calavera Hills Project.
C. The City Council of City approved the Final Maps and Subdivision Agreements
for Tracts 83-19 & 83-32 (Vill&ges Q & T) on Juty 7, 1992. ‘.
D. Cypress has advanced on behalf of City the cost of right 0; way acquisition,
Regional Water Quality Control Board permits and constructing of oversized sewer facilities
consistent with the Sewer Master Plan, hereinafter collectively referred to as the Sewer Work.
E. City will utilize funds collected. from Sewer Benefit Area ‘D” and “E” fees to
reimburse the costs advanced hereunder by Cypress. .
F. City and Cypress recognize- tha< ihe Sewer Work exceeds the infrastructure
otherwise required of Cypress as required by the Sewer Master Plan. Cypress agrees to
construct or cause the construction of the Sewer Work provided the City agrees to reimburs’e
Cypress as set forth in this Agreement.
G. City and Cypress desire to enter into a reimbursement agreement which covers
the Reimbursable Work contemplated by the construction of the Sewer Work.
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H. The Sewer Work shall include the following improvements, as set forth on Exhibit
“B”.
(1) Oversizina of Sewer Mains.
(2) Aoolication and monitorina of Dewaterina Permit.
(3) Purchase of Easements for City.
(4) Definition of “Sewer Work”. The various items of construction, described in
subsections (l), (2) and (3) above are hereinafter collectively referred to as the
“Sewer Work”.
(5) Estimated Cost of Sewer Work. City shall reimburse Cypress in the manner
described in Section 4 below for the total costs advanced by Cypress for the Sewer Work. The
Total Cost and the Reimbursable Cost for each of the items of Sewer Work is currently
estimated to be as follows:
Item Description Total Cost &imbursable
q$sf .: ;,
1 Oversizing of Sewer Mains $25802.00 $25802.00
2 Dewatering Permit $16552.00 $16,522.00
3 Right-of-Way Acquisition $15,000.00 $15,000.00
T$tal Cost of Wark w7,$$4.00 $5?,354.00
NOW THEREFORE, the good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the partie,s hereto agree as follows:
1. The Recitals are true and correct.
2. SATISFACTION OF OBLIGATION.
Cypress’ agreement to perform the Sewer Work, as set forth herein, and the
actual construction thereof, shall fully satisfy and constitute full compliance with all requirements
regarding the Calavera Hills Project with respect to the Sewer Work.
3. CYPRESS OBLIGATIONS.
(a) In consideration of City’s reimbursement and other undertakings as set
forth herein, Cypress agrees to construct and install the Sewer Work.
@I Cypress shall complete all work no later than three (3) years from the
effective date of the Agreement. Work completed before the effective date of this
Agreement shall, subject to the other provisions of this Agreement, also satisfy this
Agreement.
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(c) Cypress shall use the complete set of City approved plans, specifications,
and other design documentation for the Sewer Work.
(4 By entering into this Agreement, Cypress waives any and all potential
constitutional (Nollan/Dolan) objections relating to the Sewer Work.
4. DISTRICT OBLIGATIONS.
(a) The District shall reimburse Cypress an amount (the “Reimbursement
Amount”) equal to (i) the cost of the Sewer Work (the “Actual Total Cost of all items of
Sewer Work identified in Recital “H” of this Agreement”), plus, (ii) an overhead allocation
of four percent (4%) of the Actual Total Cost ($ 2,294.OO) in lieu of other reimbursement
for Cypress’ cost incurred for salary and benefits for staff of Cypress’ home offices,
supervision above the level of on-site superintendent, general corporate, legal, and
accounting fees, the cost of borrowed funds, insurance and bond premiums, expenses
for meetings with and presentations to governmental agencies which issue permits or
otherwise regulate project approval, (collectively, the “Overhead Costs”), plus, (iii) an
additional two and one-half percent (2.5%) of the Actual Total Cost ($1,434) for
construction administration, engineering design, construction fees and permit fees
advanced by Cypress, soils engineering, pipeline surveying, staking, and other
incidental costs. The Actual Total Cost shall include all costs associated with the
installation of the Sewer Work.
Total :
Actual Total 4% Oveihead 2.5% Additional Reimbursable
cost Allocation cost
$57,354.00 $2,294.00
cost
$ 1,434 $61,082.00
04 City agrees to reimburse Cypress for the Sewer Work as described in Section 5
and 6 below.
5. ACCOUNTING OF COSTS.
(a) When an item of the Sewer Work has been completed, as described in
Section 5(e) below, Cypress shall present City with a complete and detailed accounting
of the costs and expenses advanced by Cypress in connection with the Sewer Work.
Upon its receipt of a written request therefor from City, Cypress will allow an audit of
such costs and expenses to be prepared at Cypress’ expense by certified public
accountants specified by City.
(b) Cypress has submitted costs to the City and the City agrees that the
request is fair and reasonable.
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(cl During the performance of any Reimbursable Sewer Work, Cypress shall
retain detailed payment records for all items for Reimbursable Sewer Work, for use by
City in auditing any subsequent requests by Cypress. Cypress’ requests for
reimbursement (each a “Reimbursement Request”) shall include contracts, invoices,
canceled checks (front and back), lien releases and other documentation reasonably
required by City to evidence the completion and payment for each item of Reimbursable
Work. Reimbursable Requests may be submitted in stages upon completion of any item
of the Sewer Work in conformance with Section 5 (e).
(d) Cypress shall send one copy of each contractor invoice to the “Deputy
City Engineer” of the City of Carlsbad together with an invoice for all other components
of the Reimbursement Amount. The Deputy City Engineer shall consider and approve
the request pursuant to this Agreement. If the Deputy City Engineer objects to any items
comprising the Reimbursement Amount, the Deputy City Engineer shall notify Cypress
within ten (10) days of receipt of all invoices forwarded by Cypress. Failure to notify
Cypress shall be deemed the Deputy City Engineer’s approval of such invoices. In the
event the Deputy City Engineer does object, Cypress and the Deputy City Engineer shall
meet to discuss the disputed amount (at which time Cypress shall make available all of
the Work Documentation) and attempt to resolve the matter through good-faith
negotiation.
W Prior to the submission to the Deputy City Engineer of the final invoices,
Cypress shall obtain necessary or appropriate lien releases from the Contractor, and
shall obtain from the City of Carlsbad, and any and all appropriate governmental
agencies, all approvals, certificates, and other documents necessary to indicate the
completion of the Sewer Work and the ability to put the Sewer Work into use. The date
Cypress receives all such lien releases, approvals, and certificates shall be deemed the
date of completion of the Sewer Work (the “Completion Date”). Cypress may submit its
accounting and requests for payment (Section 5)) at any time. Any delay by Cypress in
such submittals shall not prejudice Cypress’ rights, but shall delay day-for-day the time
in which the City must take any responsive action.
(9 Nature of Reimbursable Costs. Notwithstanding the foregoing, if
Cypress disputes the Deputy City Engineer’s determination of reimbursable costs or
believes that sum established by the Deputy City Engineer is not consistent with the
specific provisions of the Agreement, then Cypress may elect to (i) appeal the Deputy
City Engineer’s decision to the City Council (and thereafter, at Cypress’ option, a Court
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of proper jurisdiction) for final determination, or (ii) submit the dispute for the review and
recommendation of a neutral and independent civil engineer qualified in engineering,
design and construction and mutually approved by City and Cypress; provided,
however, said engineer’s recommendation shall be non-binding and shall not preclude
Cypress from thereafter appealing the Deputy City Engineer’s decision as described in
item ( i ) above.
6. CITY’S PAYMENT OF REIMBURSEABLE EXPENSES.
City shall pay Cypress the Reimbursement Amount for its costs (as approved
pursuant to Section 5, above) within 30 days after the City’s acceptance of the Sewer
Work, or execution of this Agreement which ever is later.
7. MISCELLANEOUS.
(a) DisDutes: Claims: If a dispute should arise regarding the performance or
interpretation of this Agreement, the following procedure shatl be used to resolve and
question of fact or interpretation not formally resolved by the parties. Such questions, if
they become identified as a part of a dispute among persons operating under the
provisions of this Agreement, shall be reduced to writing by the principal Cypress or the
City’s City Manager (City Manager). A ‘copy of such documented dispute shall be
forwarded to both parties involved along with recommended methods of resolution,
which would be of benefit to both parties. The City Manager, or principal, upon receipt,
shall reply to the letter, including a recommended method of resolution, within ten (10)
days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter
outlining the dispute shall be forwarded to the City Council for their resolution through
the office of the City Manager of the City of Carl&ad. The City Council may, but is not
obligated to resolve the dispute. If the City Council considers the dispute, and directs a
solution, the action of the City Council shall be binding upon the parties involved,
although nothing in this procedure shall prohibit the parties seeking remedies available
to them at law.
(b) Jurisdiction. Cypress agrees and hereby stipulates that the proper
venue and jurisdiction for resolution of any disputes between the parties arising out of
this agreement is San Diego County, California.
(cl Obliaations and Benefits Not Runnina With Land; No Third Partv
Beneficiaries. This Agreement shall bind and inure to the benefit of the parties
and their respective successors and assigns. However, it shall not run with the land or
be recorded, and all payments due from the City shall be made to Cypress or such
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assignee as Cypress designates in writing. This Agreement shall not be deemed to
confer any rights upon any individual or entity which is not a party hereto; the parties
hereto expressly disclaim any such third-party benefit.
(d) Notice. Unless otherwise specifically provided herein, all notices,
demands or other communications given hereunder shall be in writing and shall be
deemed to have duly delivered upon personal delivery, or by Federal Express (or similar
reputable express delivery service), or by facsimile transmission with back-up copy
mailed the same day, or as of the second business day after mailing by United States
certified mail, return receipt requested, postage prepaid, addressed as follows:
If to Cypress:
Cypress Valley, LLC
Attention: Mr. James Ondler
2727 Hoover Avenue
National City, California 91950
Telephone: (619) 336-3735
Facsimile: (619) 336-3112
If to city:
City of Carlsbad
Attention: Mr. Lloyd Hubbs,
Public Works Director
1635 Faraday Avenue
Carlsbad, California 92008
Telephone: (760) 602-2730
Facsimile: (760) 602-8562
or to such other address or to such other person as any party shall designate to the
others for such purpose in the manner set forth above.
03 Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed an original, but all of which, taken
together, shall constitute one and the same instrument.
(9 Governina Law. This Agreement shall be governed by, and
construed in accordance with, the laws of the State of California.,
(9) Comolete Aareement. This agreement contains the entire
agreement between the parties with respect to the matters set forth herein, and
supersedes all prior or contemporaneous agreements (whether oral or written) between
the parties with respect to the matters set forth herein.
(h) Amendment. This agreement may be amended by a written instrument
executed by City and Cypress (including for this purpose any successors of Cypress, to
the extent of their ownership of real property with Calavera Hills Project), except that no
amendment regarding the provisions for reimbursement to Cypress shall be valid unless
executed by Cypress Valley, LLC.
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(0 Term. This Agreement shall be effective as of the date hereof, and shall
terminate on the earlier of (i) the date the City fully reimburses Cypress the
Reimbursement Amount, or (ii) January 1.2015.
0) No Third Partv Beneficiaries. This Agreement shall not be deemed to
confer any rights upon any individual or entity which is not a party hereto, and the
parties hereto expressly disclaim any such third-party benefit.
(k) Attornev’s Fees. In the event of any litigation to enforce the
provisions of this Agreement, the prevailing party in such litigation shall be entitled to
recover from the losing party, its expenses, attorney’s fees, including attorney’s out of
pocket expenses, and costs incurred therein or in the enforcement or collection of any
judgment or award rendered therein.
(1) Payments to Cvoress. Any payments to Cypress by City
hereunder shall be made payable to Cypress Valley, LLC and shall be forwarded to the
following address, or to such other address as Cypress specifies in writing to the City
Manager of City:
c/C Cypress Valley, LLC
Attention: Mr. James Ondler
2727 Hoover Avenue
National City, California 91950
0-N Citv Authoritv: City warrants, represents and agrees that it has the
legal authority to collect the funds that it will use to reimburse Cypress. City further
warrants, represents and agrees that it has the legal authority to pay these funds to
Cypress. These warranties, representations and agreements are a material inducement
to Cypress to enter into this Agreement. In the event City lacks legal authority to collect
the fees necessary to pay Cypress, City shall pay the amount due Cypress out of other
funds at the same rate as if it had collected the fees.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first
set forth above.
Executed by DEVELOPER this 15-6 day of
Executed by CITY this day of ,200o.
DEVELOPER:
CYPRESS VALLEY, LLC, a Delaware
llmited liability company
By: McMillin Companies, LLC, a
Delaware limited liability company
Its: Manager
‘bpJ MlT-LH6LL,\I,~,=-P~~~. (print name/title)
(sign here)-
CIN:
GIN OF CARLSBAD, a Municipal
Corporation of the State of California
MAYOR
Date:
ATTEST:
LORRAINE M. WOOD, City Clerk
(Proper notarial acknowledgment of execution of DEVELOPER must be attached.)
(Chairman, president or vice-president and secretary or assistant secretary, CFO or assistant treasurer
must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary
or assistant secretary under corporate seal empowering that officer(s) signing to bind the corporation.)
(If signed by an individual partner, the partnership must attach a statement of partnership authorizing the
partner to execute the instrument.)
APPROVED AS TO FORM:
Ronald R. Ball
City Attorney
By:
Assistant City Attorney
CMWD
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STATE OF CALIFORNIA ss.
COUNTY OF SAN DIEGO 1
On 311 YOO , before me, Dawn B. Mendoza, Notarv Public personally
appeared Don Mitchell and Thomas A. Fuller , 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.
This area for offacial notabel seal
Title of Document Aaree for Reimb of Costs for Const. - Calavera Tracts 83-19 & 83-32
Date of Document No. of Pages
Other signatures not acknowledged
Notary Fmn-2 McMillin Companies
EXHIBIT “A”
LEGAL DESCRIPTION
CALAVERA HILLS -VILLAGES Q AND T
ALL OF CARLSBAD TRACT NO. 83-32, CALAVERA HILLS VILLAGE Q, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO. 12950 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, JULY 16,1992
AND
ALL OF CARLSBAD TRACT NO. 83-19, CALAVERA HILLS VILLAGE T, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO. 12951 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, JULY 16.1992
EXHIBIT”B”
January 11, 1999 *
June 23. I999 (Revised)
Mr. William Plummer, District Engineer
Carlsbad Municipal Water District
5950 El Camino Real
Carlsbad, CA. 92008
Via U. S. Mail
RE: Request for cash reimbursement for District expenses paid by Cypress Valley, LLC
Calavera Hills Sewer Outfall
District sheet numbers: 92-406 SAHTZC and SAHTZA
Dear Bill,
As you are aware, Cypress Valley, LLC (LLC), as developer of Calavera Hills project, has advanced certain payments
and expenses in conjunction with the installation and completion of the above referenced District project. The District
has agreed to reimburse the LLC in cash for the incurred expenses and payments. These expenses and payments are
detailed below:
Additional cost for oversizing of sewer line from lo” to 12” per attached bid tabulation: 3,686 If @ $ 7/lf = $25,802
Purchase of easement from Carlsbad Unified School District 5,100
Purchase of easement from Robertson Family Trust 2,400
Purchase of easement from Brian and Gary Robertson 500
Purchase of easement from State of California CalTrans 1,000
Purchase of easement from Carlsbad Ranch Homeowners Association 6,000
Dewatering Permit fee paid to Regional Water Quality Control Board 1,000
Dewatering Permit al5plication and monitoring by GeoSoils, Inc. 15.552
TOTAL DEVELOPER EXPENSES ELGIBLE FOR CASH REIMBURSEMENT $57,354
Construction is complete except for the asphalt work. The LLC is interested in receiving the reimbursement upon
completion and acceptance of the sewer installation work. Your cooperation and assistance in this matter is
appreciated. Should you have any questions or if you need more information, please call.
Very truly yours,
CYPRESS VALLEY, LLC
McMillin Companies, LLC
5Ianaging Member
Donald A. Mitchell
Project Engineer
Development Engineering
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1 RESOLUTION NO. 2000-105
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, FOR APPROVAL OF AN OVERSIZING
REIMBURSEMENT AGREEMENT WITH CYPRESS VALLEY, LLC, FOR
THE CONSTRUCTION OF SOUTH AGUA HEDIONDA INTERCEPTOR
SEWER REACHES SAHT2B 8, SAHT2C, CMWD PROJECT NO. 92-406,
PROJECT NO. 35831.
6 WHEREAS, the Cypress Valley, LLC, designed and constructed the South Agua
7 Hedionda Interceptor Sewer Reaches SAHT2B and SAHT2C; and
8 WHEREAS, the Cypress Valley, LLC, has requested the City Council approval of an
9 Oversizing Reimbursement Agreement (attached hereto marked Exhibit “A” and incorporated by
10 this reference) pursuant to Section 66486 of the Government Code for the construction of said
11 improvements within easements; and
12 WHEREAS, the City Council will reimburse the Cypress Valley, LLC, for the cost of
13 oversizing the sewer pipeline above lo-inch diameter, and the easements and the dewatering
14 permit and monitoring; and
15 WHEREAS, the Planning Director determined that the requested action is in compliance
1s with Mitigated Negative Declaration issued on June 30,1998, under EIA 98-04; and
17 WHEREAS, the total cost for the oversizing is $61,082 and adequate funds exist in the
18 Sewer Benefit Fee program to pay for the oversizing costs contained in the reimbursement
19 agreement, and were appropriated previously with,the 1999/2000 Capital Improvement Program.
20 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
21 California, as follows:
22 1. That the above recitations are true and correct.
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2. That the oversizing reimbursement agreement by and between the Cypress
Valley, LLC, and the City of Carlsbad is hereby approved and the Mayor is authorized and
directed to sign said agreement on behalf of the City Council.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the 4th day of April , 2000 by the following vote, to wit:
AYES: Council Members Lewis, Hall, Finnila, Nygaard and Kulchin
AI-TEST: *bz-
i3%aNE M. WOOD, City Clerk (SEAL)
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May 5,200O
TO: DEPUTY PUBLIC WORKS DIRECTOR PLUMMER
FROM: City Attorney cvwff-
CALAVERA HILLS VILLAGES Q&T REIMBURSEMENT AGREEME F--
This memo follows up on our meeting and phone conversations related to the above
referenced agreement which was approved by the City Council on April 4, 2000. As I
indicated, our office is unable to approve the document as to form based upon
language related to District obligations contained in Paragraph 4 of the Agreement.
At our meeting on May 1, I provided you with proposed changes to Paragraph 4 and the
remainder of the agreement. You have indicated that those changes are acceptable to
your Department. An agenda bill will need to be prepared for the Council to approve a
revised reimbursement agreement.
Aareement Chanqes
With regard to further amendments to the Agreement, as I indicated in my phone
message of May 4, 2000, the document will need to be revised to account for Council
approval of the original document. Please insert the following provisions into the
revised agreement:
Recitals
“I. On April 4,2000, the City Council of the City of Carlsbad approved,
but did not execute, an agreement with Cypress setting forth terms and conditions for reimbursement.
J. City and Cypress desire to rescind the agreement approved on
April 4, 2000 and replace it, in its entirety, with this Agreement.”
Bodv of Agreement
In addition to the new recitals, in the body of the agreement please move
the existing Paragraph One- Recitals, to a new Paragraph Eight- Recitals.
-The new Paragraph One should read as follows:
“1. April 4. 2000 Aoreement. By executing this Agreement, the parties
hereby agree to immediately rescind the agreement approved by the
Carlsbad City Council on April 4, 2000 and replace it, in its entirety, with
this Agreement.”
Resolution Chanaes
r
Along with the agreement, similar reference to this revision will need to be made in the
new authorizing resolution. The following recitals should be inserted after the second
Whereas clause:
Recitals
“WHEREAS, by Resolution No. 2000-l 5, on April 4,200O the City Council
of the City of Carlsbad approved, but did not execute, an agreement with
Cypress setting forth terms and conditions for reimbursement; and
WHEREAS, the City desires to rescind Resolution No. 2000-15; and
WHEREAS, the City and Cypress desire to rescind the agreement
approved on April 4, 2000 and replace it, in its entirety, with the attached
Oversizing Reimbursement Agreement.”
In addition to the above changes, the following needs to be inserted into the body of the
resolution after Paragraph One.
“2. That Resolution No. 2000-15 adopted on April 4, 2000 is hereby
rescinded.
3. That the agreement approved by the Carlsbad City Council on April
4,2000, entitled “Agreement for Reimbursement of Costs for Construction
of Oversized Sewer Lines and Payment of Other Costs for South Agua
Hedionda Interceptor Sewer Reaches (SAHT2B and SAHT2C) in
Conjunction with Calavera Hills Villages Villages Q & T City of Carlsbad
Tracts 83-19 and 83-32” is rescinded and shall be replaced, in its entirety,
with the attached Oversizing Reimbursement Agreement.”
With the above changes, existing Paragraph Two should become Paragraph Four.
Finally, I am returning to you the two original agreements that are to be rescinded.
Thank you for your assistance in making these changes. Please, contact me should
you have any questions or if you wish to discuss this matter further.
Deputy City Attorney
afs attachment
c: Public Works Director w/o attachment
City Clerk w/o attachment