HomeMy WebLinkAbout2000-04-04; City Council; 15680; Terraces At Sunny Creek & South Agua HediondaCl1 I’ OF CARLSBAD -AGENDA BILL
4B# i$6so TITLE: APPROVING AND AUTHORIZING EXECUTION OF A
REIMBURSEMENT AGREEMENT WITH THE TERRACES AT
IIITG. 4/04/00 SUNNY CREEK, LLC, FOR ENGINEERING COSTS; AND
CERTIFICATION OF AN ENVIRONMENTAL MITIGATED NEGATIVE
)EPT. ENG DECLARATION FOR SOUTH AGUA HEADIONDA REACHES SAHTIE
AND SAHTIF; CMWD PROJECT NO. 92-406 SAHTI E AND SAHTI F
RECOMMENDED ACTION:
CITY MGR. a
Adopt Resolution No. zooo-106 approving and authorizing execution of a reimbursement agreement with the Terraces at Sunny Creek, LLC, for engineering costs; and certification of an Environmental Mitigated Negative Declaration for South Agua Hedionda Reaches SAHTIE and SAHTIF; CMWD Project No. 92-406 SAHTI E and SAHTl F.
ITEM EXPLANATION:
The Sewer Master Plan identifies the need to construct an l&inch diameter interceptor sewer pipeline through “The Terraces at Sunny Creek”. This sewer pipeline is referred to as Reach SAHTl E of the South Agua Hedionda Interceptor Sewer which will ultimately extend easterly toward Vista and serve future developments. Also, Reach SAHTI F will extend through “The Terraces at Sunny Creek” and eliminate three (3) private sewer lift stations. Reach SAHTIF will be an 8-inch diameter sewer pipeline. Exhibit 1, Location Map, shows the South Agua Hedionda Interceptor Sewer System.
Since “The Terraces at Sunny Creek” needs Reach SAHTlE for sewer service, the developer was conditioned to design and construct Reaches SAHTIE and SAHTI F. The developer of “The Terraces at Sunny Creek” is now requesting reimbursement for design of the final plans and specifications for these reaches. The cost to construct Reaches SAHTIE and SAHTIF will be reimbursed by a separate agreement and is not included in this request. The reimbursement agreement is for engineering costs only and is included in Exhibit 2.
Prior to giving the developer’s engineer of work the notice to proceed for design, engineering staff determined that the design cost was fair and reasonable and that the designer was capable of performing the work.
ENVIRONMENTAL REVIEW:
The Planning Director reviewed the South Agua Hedionda Interceptor sewer pipeline projects, Reaches SAHTl E and SAHTl F, and has given the projects a Mitigated Negative Declaration dated August 18, 1999 as part of EIA 97-05 and this determination is being certified by this City Council action.
FISCAL IMPACT:
Table 1 shows a summary of the costs for Reaches SAHTl E and SAHTI F:
TABLE 1
SANITATION FUNDS ENGlldEERING’SERVICES SCI&lTH”‘AGUA,HEDIQNDA SEWER INTERCEPTOR, REACHES SAHTIE AND SAHTIF
Design $87,250
Geotechnical Cost $11,300
Design Contingency $7,750
Estimated Construction Cost $558,000
Estimated Inspection Cost $60,000
TOTAL, ESTIMATED PROJECT COSTS $724,300
Appropriation Available as of February 29, 2000 $730,000
ADDITIONAL APPROPRIATION -()* r
Page 2 of Agenda Bill No. 1; b80
The amount to be reimbursed to the “The Terraces at Sunny Creek, LLC” for engineering costs under this agreement is not-to-exceed one hundred six thousand, three hundred ($106,300) Dollars.
EXHIBITS:
1.
2.
3.
Location Map.
Reimbursement agreement regarding South Agua Hedionda Interceptor Sewer Reaches SAHTI E and SAHTl F-Engineering Costs Only.
Resolution No. 2000-106 approving and authorizing execution of a reimbursement agreement with The Terraces at Sunny Creek, LLC, for engineering costs; and certification of an Environmental Mitigated Negative Declaration for South Agua Hedionda Reaches SAHTIE and SAHTIF; CMWD Project No. 92-406 SAHTl E and SAHTI F.
3
-
LOCATION MAP
Visia Meter Station OCEANSIDE
Buena Interceptor
Poinsettia lift Station (under construction)
PROJECT: PROJECT NO. EXHiBlT NO.
SOUTH AGUA HEDIONDA INTERCEPTOR
SEWER REACH SAHTI E AND SAHTI F 92406 1
Exhibit 2
RECORDING REQUESTED BY
City of Carlsbad
WHEN RECORDED, MAIL TO:
City Clerk
City of Carisbad
1200 Carlsbad Village Drive
Carlsbad, California 92008
Please record the document at no fee
as it is to the benefit of the City
(Gov. Code [6103].)
Space above this line for Recorder’s Use
REIMBURSEMENT AGREEMENT
REGARDING SOUTH AGUA HEDIONDA INTERCEPTOR SEWER
REACHES SAHTIE AND SAHTI F-ENGINEERING COST ONLY
THIS REIMBURSEMENT AGREEMENT (hereinafter the “Agreement”) is entered into as
of 9 2000, by and between THE TERRACES AT SUNNY CREEK, LLC, a
California partnership (hereinafter “Terraces”) and the City OF CARLSBAD, a municipal
corporation of the State of California (hereinafter “City”), with reference to the following facts:
A. The Terraces is the record owner of certain real property located in the City of
Carlsbad, California, more particularly described on Exhibit “A” attached hereto and made a
part hereof (“The Terraces Development”). The Terraces Development consists of a
residential area of 172 homes, 50 affordable housing units, and a commercial site, referred to
as Lot 11 of CT 83-36, as designated on Exhibit “A”. As used herein, the term “Planning Area”
shall refer, as indicated, to both the commercial center and the residential area. The various
Planning Areas as shown on Exhibit “A” either are, or will become, separate legal parcels in
accordance with the applicable legal requirements of the State of California and the City.
B. Upon their creation as separate legal parcels, the “Terraces” intends to convey or
cause conveyance of record title to the Planning Areas, to other persons pursuant to
-_
contractual commitments not related to this Agreement. Any further development activity with
respect to any of the Planning Areas will be the responsibility of the respective transferee. All of
the Planning Areas of The Terraces Development Project, are herein referred to collectively as
the “The Terraces Development Project.” The Terraces is the developer of The Terraces
Development Project.
C. The Terraces filed a separate application for tentative subdivision map and site
development plan with respect to the Planning Area. The Project is the subject of certain
development approvals received from the City of Carlsbad, including without limitation:
Tentative Subdivision Map (CT 96-02, EIR 98-01, GPA 96-01, ZC 96-01, SP 190(B), LFMP 87-
15B, SDP 97-02), Planned Unit Development Permit (PUD 96-02) and Hillside Development
Permit (HDP 96-02), all approved by the City Council, Resolution No. 98-337 on November 17,
1998, which included specific reference to Planning Commission Resolution No. 4288 through
4295 recommending approval of The Terraces Development Project with conditions and
approved by the Planning Commission on July 1, 1998.
D. The Terraces has filed a separate application for a General Plan Amendment,
Rezoning, LCP Amendment, Hillside Permit, and a master tentative map (the “Master Tentative
Map” or “MTM”) with respect to The Terraces Development Project. Planning Areas are being
processed merely to create them as legal parcels, and the Master Tentative Map intended to
note that further mapping of parcels, will be required prior to any development of them. The
Terraces has also filed a proposed amendment to the Zone 15 Local Facilities Management
Plan ( the “LFMP General Amendment”). In addition, the Terraces has filed a separate
application for approval of a site development plan with respect to the commercial site Lot 11 of
CT-83-36 “The Plaza” and expects development approval within the year 2000.
E. The various approvals referred to in Recitals “C” and “D” are collectively referred to
herein as “The Terraces Development Project Approvals.”
2
5
F. One of the conditions of approval for the Tentative Map (CT 96-02) for the Terraces,
portions of Condition 7 and Finding 1, requires the Terraces to construct a sewer line within
portions of “The Terraces Development Project” to El Camino Real.
G. The Terraces has advanced or is willing to advance on behalf of the City the cost of
engineering the South Agua Hedionda Interceptor Sewer Reaches SAHTlE and SAHTI F
located within the Terraces Development Project facilities consisting of a 18-inch diameter PVC,
SDR 35, pipeline as identified by the Zones 5, 7, 8, 14, 15, 16, 18 and 24 Local Facilities
Management Plan and an 8-inch diameter PVC, SDR 35, pipeline.
H. Pursuant to Resolution No. 91-21, adopted by the Carlsbad City Council on January
22, 1991, the City had implemented a plan for levying and collecting sewer benefit area fees in
order to fund improvements in various sewer benefit areas within the City of Carlsbad. Said
plan is set forth in the January 1992 Update to the December 1987 Master Plan of Sewerage,
prepared by Wilson Engineering (hereinafter the “Wilson Report”), and is subject to further
review and modification by the City. The sewer benefit area fees, in addition to sewer
connection fees, will be collected by the City from builders upon the City’s issuance of building
permits.
I. The City will utilize funds collected from such sewer benefit area fees, in addition to
sewer connection fees, to reimburse the costs advanced hereunder by the Terraces.
NOW, THEREFORE, the parties agree as follows:
1. Costs to be Reimbursed bv The Citv.
a) South Aaua Hedionda Interceptor Sewer. The Terraces will advance the costs
necessary to design and prepare plans and specifications for the South Agua Hedionda
Interceptor Sewer Reaches SAHTIE and SAHTIF as shown on Drawing 383-9, Carlsbad
Municipal Water District Project No. 92-406 and 96-523 (referenced as “Reaches SAHTl E and
SAHTl F” in the Wilson Report), extending east from the intersection of Ranch0 Carlsbad Drive,
El Camino Real and through the subdivision boundary.
3
b
-.
b) Definition of “Work”. The various items of design engineering, described in
Section 1 above hereinafter is collectively referred to as the “Work.”
c) Reimbursement for Costs of Work. The City shall reimburse the Terraces in the
manner described in Section 2 below for the total costs advanced by the Terraces for the Work.
The engineering cost for each of the items of Work is currently estimated to be as follows:
ITEM DESCR1PTf~N TOTAL COST
1 South Agua Hedionda Interceptor Reaches SAHTI E
(El Camino Real To The Terraces) 69,865
2 South Agua Hedionda Interceptor Reaches SAHTIF
(The Terraces To Cougar Drive) 17,385
SUBTOTAL $87,250
3 Geotechnical Work 11,300
4 Contingency 7,750
TWAL $t06.,390,
The City will obtain all easements for Reaches SAHTl E and SAHTI F.
The Terraces will engineer all plans and provide specifications for the construction, of
the improvements herein described.
d) Accountina of Costs. When the Work has been completed [as described in
Section 2(a)], the Terraces shall present the City with a complete and detailed accounting of the
costs and expenses advanced by the Ten-aces in connection with the Work. Upon its receipt of
a written request therefor from the City, the Terraces will allow an audit of such costs and
expenses to be prepared at the Terraces’ expense by an accounting firm specified by the City.
e) Nature of Reimbursable Costs. Reimbursable costs include material, equipment
and labor. The City shall not be required to pay to the Terraces interest upon costs or
expenses advanced by the Terraces hereunder. The Deputy City Engineer for Design
Engineering Division, City of Carlsbad shall have the authority to establish reimbursable costs
based upon information obtained pursuant to Sections 1 (c) and l(d) of this Agreement.
Notwithstanding the foregoing, if the Terraces disputes the- Deputy City Engineer’s
4
determination of reimbursable costs or believes that sum established by the Deputy City
Engineer is not consistent with the specific provisions of this Agreement, then the Terraces may
elect to ( i ) appeal the Deputy City Engineer’s decision to the City Council (and thereafter, at
the Terrace’s option, a Court 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 the City and the Terraces;
provided, however, said engineer’s recommendation shall be non-binding and shall not
preclude the Terraces from thereafter appealing the Deputy City Engineer’s decision as
described in item ( i ) above.
2. Manner of Pavment
a) The Citv’s Collection and Reimbursement. The City has collected sewer
benefit area fees upon its issuance of all building permits, in addition to sewer connection fees
in Sewer Benefit Areas “E” and future City of Vista contributions described in detail in the
Wilson Report and depicted in the attached Exhibit “c” (the “Benefit Areas”). Upon 30 days
after signature of the engineering plans for Reach SAHTI E and SAHTIF by the Deputy City
Engineer, the City’s reimbursement payment for said work is due and payable.
3. Terms of Aoreement. The term of this Agreement shall commence on the d -aas~,
which it is executed by the City and shall terminate on January 1, 2818.
4. Successors or Assiuns. This Agreement shall inure to the benefit of, and shall be
binding upon, the assigns, successors in interest, personal representatives, heirs and legates of
the parties hereto.
5. Entire Aareement. This Agreement shall constitute the entire agreement between
the parties hereto with respect to the subject matter hereof, superseding all negotiations, prior
discussions, preliminary agreements or understandings, written or oral.
6. 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
5
-.
party its expenses, attorney’s fees and costs incurred therein or in enforcement or
collection of any judgment or award rendered therein.
7. Pavments to the Terraces. Any payments by the City to the Terraces
hereunder shall be made payable to The Terraces Development Project and shall be
forwarded to the following address, or to such other address as The Terraces specifies
in writing to the City Manager of the City:
The Terraces at Sunny Creek, LLC
c/o Gateway
Attention: Mr. Chris Dahrling
2006 Palomar Airport Road
Suite 113
Carlsbad, CA 92008
Telephone: (760) 639-6390
Facsimile: (760) 639-6305
The Terraces may assign its rights to receive payments hereunder to another
entity, provided The Terraces delivers to the City a written notice designating the name
and address of the assignee and the effective date of such assignment.
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
C.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
date first set forth above.
Executed by The Terraces this day of ,200o.
CONTRACTOR:
THE TERRACES AT SUNNY CREEK, LLC.,
a California oartnershio
CITY OF CARLSBAD, a Municipal
Corporation of the State of California
( w ere)
;;p;T
(sign here)
bkhG/rQIy /fI &+@, w
(print name/title)
CLAUDE A. LEWIS, Mayor
Date:
ATTEST:
LORRAINE M. WOOD, City Clerk
Architect/License Number
(Proper notarial acknowledgment of execution of The Terraces Land Company 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.)
(If signed by an individual partner, the partnership must attach a statement of partnership
authorizing the partner to execute this instrument.)
APPROVED AS TO FORM:
By:
Deputy City Attorney
CMWD 92-406 SAHTl EISAHTI F
7
i I
t f I -w-c- -- ---mm H
: / El ggi I fF, J 0 w
I I 3 2 %w I = s ld I Ah E :. * tB:E%
1 5’5 /
3 3 sac
a 5 I
- I
;; i@ =s E 2 egg
I +s sn B / % f a a Br /
I
STATE OF CALIFORNIA 1
1 ss.
COUNTY OF J
On J-$J;71*&
DATE
before me,
NAME AND TITLE OF OFFICEV
1 .
personally appeareu//$ / v
NAME(S) OF’SIGNER(S) @-
bd personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
(This area for official notary seal.)
Title or Type of Document
Date of Document
Signer(s) other than named above
No. of Pages
06/l 4195 Rev.
1
6
7
8
9
IO
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Exhibit 3
RESOLUTION NO. 2occ-106
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AND AUTHORIZING EXECUTION OF A
REIMBURSEMENT AGREEMENT WITH THE TERRACES AT SUNNY
CREEK, LLC, FOR ENGINEERING COSTS; AND CERTIFICATION OF
AN ENVIRONMENTAL MITIGATED NEGATIVE DECLARATION FOR
SOUTH AGUA HEDIONDA REACHES SAHTIE AND SAHTIF; CMWD
PROJECT NO. 92406 SAHTl E AND SAHTl F.
WHEREAS, The Terraces at Sunny Creek, LLC, is developing The Terraces at Sunny
Creek Development; and
WHEREAS, The Terraces at Sunny Creek, LLC, has requested City Council approval of
a Reimbursement Agreement (attached hereto marked Exhibit “2” and incorporated by this
reference) for the engineering cost of the South Agua Hedionda Interceptor Sewer, Reaches
SAHTl E and SAHTl F; and
WHEREAS, The Terraces at Sunny Creek, LLC, desires to begin construction of Reaches
SAHTl E and SAHTl F to serve The Terraces at Sunny Creek development; and
WHEREAS, the Public Works engineering staff is requesting that the environmental
determination for Reaches SAHTl E and SAHTl F of the South Agua Hedionda Interceptor Sewer
be certified; and
WHEREAS, the Planning Director has determined that EIA 97-05 be given a Mitigated
Negative Declaration from the requirements of the California Environmental Quality Act per
Section 15182 of the State CEQA Guidelines on August 18, 1999;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:
1. That the above recitations are true and correct.
I//
Ill
l/l
IfI
Ill
1 2. That the reimbursement agreement by and between the Terraces at Sunny Creek,
2 LLC, and the City Council is hereby approved and the Mayor is authorized and directed to sign
3 said agreement on behalf of the City Council.
4 3. That Mitigated Negative Declaration EIA 97-05 be certified.
5
6 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
7 held on the 4th day of April # 2000 by the following vote, to wit:
8 II AYES:
9 NOES:
ABSENT:
IO
11 CLAUDE A. LEWI
13 Al-JEST:
16
17
18
19
20
21
22
23
24
25
26
27
26
Council Members Lewis, Hall, Finnila, Nygaard and Kulchin
(SEAL)
iI@
c
6.i&,$ ,,.a -; a _* I J’ /- “.’ ,.-
‘;< ~ FINAL AGENDA BILL
ROUTING COVER SHEET
AqENdA Bill T/k APPROVING AND AUTHORIZING EXECUTION OF A REIMBURSEMENT
AGREEMENT WITH THE TERRACES AT SUNNY CREEK, LLC FOR ENGINEERING COSTS;
AND CERTIFICATION OF AN ENVIRONMENTAL MITIGATED NEGATIVE DECLARATION
FOR SOUTH AGUA HEDIONDA REACHES SAHTIE AND SAHTIF; CMWD PROJECT NO. 92-
406 SAHTl E AND SAHTI F.
kyxmd couwil MEETiNCj DATE: 04-04-2000
INiTiAToR: Randy Klaahsen DEPARTMWT: Engineering PRONE #: 602-2765
g Public HEAR& NoTiCiNq REQUiREMUM DAYS
Pt?Ehirwy Rwitw CoNducTEd By:
IJ JANE MobAldi
CI N/A a N/A
0 OTTER
a
a
CI N/A
FiNAl APPROVAL PROCESS
INiTi Ah DATE
J DEPARTMENT HEAd
COMMENT: ,’
J LEAdERskip TEAM MmbER
iif!ff 3&
3 3
ubMiT TO Chy MANA~ER’S SECRETARY FOR Cord-riNuATioN of PRocEssirq
Y AdMiNiSTRATiVE SERViCES DiRECTOR
COMMENT:
J City ATTORNEY
COMMEM:
J Chy MANAGER
COMMENT:
J CiT)’ ClERk FOR PROCESSiNc,
COMMUVT:
,*-’ “‘5, \ .P 6, i ,.dl
CoNfoRMEd AqaudA
j- ‘RITE IT - DON’T SAY T! ‘7 L-15
Date 19
To F’k 0 Reply Wanted
From h ZP ONo Reply Necessary
NOTE TO FILE: On June 1, 2000 Belinda said that Bill Plummer is in charge of
this item. Locating the legal description is a research project and will
take some time to complete. -Janice