HomeMy WebLinkAbout2002-11-19; City Council; 16978; Rancho Santa Fe Road Realignment & WideningCITY OF CARLSBAD -AGENDA BILL
- TITLE: APPROVE AND AUTHORIZE THE EXECUTION OF LB#
IITG. 1 1 /19/02 CITY OF CARLSBAD AND MAG PROPERTIES FOR CONSTRUCTION
RECOMMENDED ACTION:
REALIGNMENT AND WIDENING, PHASE 1, PROJECT NO. 3190 IEPT. ENG
WITHIN THE CITY OF CARLSBAD, RANCHO SANTA FE ROAD
16,978
REIMBURSEMENT AGREEMENT BETWEEN THE
CITY ATTY. @ - CITY MGR. t(
Adopt Resolution No. 2002-338 approving and authorizing execution of agreement for
construction costs for a portion of Rancho Santa Fe Road realignment and widening, Phase 1, Project No. 3190, with MAG Properties, a General Partnership.
ITEM EXPLANATION:
The Rancho Santa Fe Road project consists of the widening and realignment of approximately 2.2 miles of Rancho Santa Fe Road from La Costa Avenue to Melrose Drive. The project will be constructed in two phases: Phase 1, from La Costa Avenue to San Elijo Road; and Phase 2, from San Elijo Road to Melrose Drive. Rancho Santa Fe Road is identified in the General Plan as a prime arterial. Improving the road to meet prime arterial standards is necessary at this time to meet Growth Management Standards for the southeast area of Carlsbad. Improvements include widening the road from two lanes to six lanes, realigning the road generally to the east, and replacing the bridge structure at the San Marcos Creek crossing. Benefits of the project include reduced congestion, improved traffic flow, and increased safety for travelers on the road. Additionally, this project will improve a vital link in the North County region’s roadway network.
The project will be constructed in two Phases. Phase 1 includes widening and realigning approximately 1.75 miles from La Costa Avenue to San Elijo Road. Morrow Development has graded a portion of Rancho Santa Fe Road in association with the grading of the Villages of La Costa Oaks South Project and constructed most of the storm drain facilities within the area of the road it graded. The plans and construction documents for Phase 1 will complete the remainder of the roadway project.
Council authorized the advertisement for bids for the Rancho Santa Fe Road Phase 1 project on September IO, 2002.
Per the Rancho Santa Fe Road finance plan, MAG Properties is responsible for certain roadway improvements that front their property. These improvements include paving of the outside lanes and outside curbs and gutters. Both the City and MAG Properties agree that construction of these improvements with the Rancho Santa Fe Road, Phase 1 project will be more economical and opportune for both parties. The City has the authority to initiate construction for this part of the roadway since it will benefit the public at the time it is built, and is required in the future when MAG Properties develops their property.
This agreement establishes the framework for MAG Properties to reimburse the City for the portions of Rancho Santa Fe Road, Phase 1 construction that is their responsibility per the Rancho Santa Fe Road finance plan.
FISCAL IMPACT:
The estimated costs for the construction of Rancho Santa Fe Road is summarized below:
Page 2 of Agenda Bill No. 16 r 978
Funding for Rancho Santa Fe Road is summarized below:
MAG will reimburse the City an estimated $410,797. This amount is identified as a funding source in
the table above as a portion of the Phase 1 “Other Agencies” contribution. Reimbursement by MAG
will take place at the time of issuance of the first building permit on the MAG Property. There are
sufficient CFD #2 funds available for MAG Property road improvements.
ENVIRONMENTAL:
The City Council at their meeting on June 2, 1992 passed Resolution No. 92-1 52 certifying
EIR No. 91-1 for both Phase 1 and Phase 2 of the Rancho Santa Fe Road project. The City Council
at their meeting on April 25, 2000 passed Resolution No. 2000-128 approving Addendum No. 2 to
the final EIR No. 91-1 for Rancho Santa Fe Road. This EIR covers the realignment and widening of
Rancho Santa Fe Road from La Costa Avenue to Melrose Drive.
All permit and mitigation requirements have been met. Per the Habitat Conservation Plan,
a qualified biologist has been retained to monitor the adjacent habitat during construction. Per the
requirements of the California Department of Fish and Game (CDFG) 1601 permit, a habitat
mitigation plan is being prepared based on the conceptual plan approved by CDFG and will be
implemented concurrent with construction.
EXHIBITS:
1. Location Map.
2. Resolution No. 2002-338 approving and authorizing the execution of
reimbursement agreement between the City of Carlsbad and MAG Properties for
construction within the City Of Carlsbad, Rancho Santa Fe Road Realignment and
Widening, Phase 1, Project No. 31 90.
3. Reimbursement agreement between the City of Carlsbad and MAG Properties for
construction within the City Of Carlsbad, Rancho Santa Fe Road Realignment and Widening,
Phase 1, Project No. 3190.
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RESOLUTION NO. 2o02-338
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AND AUTHORIZING
THE EXECUTION OF REIMBURSEMENT AGREEMENT
BETWEEN THE CITY OF CARLSBAD AND MAG PROPERTIES
FOR CONSTRUCTION WITHIN THE CITY OF CARLSBAD,
RANCHO SANTA FE ROAD REALIGNMENT AND WIDENING,
PHASE 1, PROJECT NO. 3190.
WHEREAS, the City Council of the City of Carlsbad, California, proposes to widen and
realign Rancho Santa Fe Road from La Costa Avenue to Melrose *Drive pursuant to City Project
No. 3190; and
WHEREAS, MAG Properties (“MAG”) is the owner of the property known as Assessor
Parcel Nos. 223-050-68,223-050-70, 223-060-31 , and 223-060-32; and
WHEREAS, the City and MAG desire to cooperate in the construction of Rancho Santa Fe
Road to the mutual benefit of both parties; and
WHEREAS, the City Engineer has determined that the City construction of the outside
lanes and curbs will result in cost savings to CFD No. 2; and
WHEREAS, the City Council finds that MAG may enter into the reimbursement agreement
between the City of Carlsbad and MAG Properties for construction within the City of Carlsbad,
Rancho Santa Fe Road Realignment and Widening, Phase 1, Project No. 31 90 (the “Agreement”)
(a copy of which is attached hereto).
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Carlsbad,
California, as follows:
1.
2.
3.
’roperties.
I/
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That the above recitations are true and correct.
That the agreement is hereby approved.
That the Mayor is hereby authorized to execute the agreement with MAG
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4. That the City Clerk is hereby authorized to cause the executed agreement to be
recorded in the Office of the County Recorder of San Diego County, State of California.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the 19th day of NOVEMBER ,2002 by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Finnila, Nygaard, Hall
NOES: None
(SEAL)
, RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
DOC # 2003-0153044
FEE 3-09 2003 4:45 PM
SPACE ABOVE THIS LINE FOR RECORDER'S USE
AGREEMENT FOR
CONSTRUCTION WITHIN THE CITY OF CARLSBAD,
RANCHO SANTA FE ROAD REALIGNMENT AND WIDENING,
PHASE 1, PROJECT NO. 3190
BETWEEN
CITY OF CARLSBAD,
A Municipal Corporation
AND
MAG PROPERTIES
AGREEMENT BETWEEN THE CITY OF CARLSBAD AND
MAG PROPERTIES FOR CONSTRUCTION WITHIN THE CITY
OF CARLSBAD, RANCHO SANTA FE ROAD REALIGNMENT
AND WIDENING, PHASE I, PROJECT NO. 3190
THIS AGREEMENT, executed the day of , 2002 is by and
between the CITY OF CARLSBAD, a municipal corporation, (“City”), and MAG PROPERTIES, a
California General Partnership (“MAG”) (collectively The “Parties”).
RECITALS
A.
B.
C.
D.
E.
F.
MAG is in the process of seeking discretionary approvals from the City for developing
that certain real property located in the City of Carlsbad, California generally described in
Exhibit “A”, attached hereto and made a part hereof.
The MAG property is located within the boundaries of a proposed Community Facilities
District known as Community Facilities District No. 2 - Rancho Santa Fe and Olivenhain
Road (“CFD 2”). MAG will be required to execute the City’s Petition, Waiver and
Consent to Creation of a Community Facilities District and Agreement to Pay Fair Share,
in connection therewith, (the “Petition”) to finance construction of Rancho Santa Fe
Road as more particularly described therein and as required by any City conditions of
approval to develop the MAG property.
The Parties agree that the construction of Rancho Santa Fe Road is of great importance
to both parties. The alignment of Rancho Santa Fe Road generally bisects the MAG
property.
The Parties agree that cost savings can be achieved by having portions of MAG’S
obligations for Rancho Santa Fe Road, Phase I constructed as part of the City road
construction project.
The Parties acknowledge that Government Code Section 66485 allows the City to
require a sub-divider to construct improvements benefiting property outside the
subdivision; and in such circumstances, Section 66486 requires the City to enter into a
reimbursement agreement for such improvements. The Parties intend that this
Agreement satisfy the requirements of Government Code Section 66486.
The Rancho Santa Fe Road realignment is a City project for which the City has
collected, and will continue to collect, funds from the developers of projects located
within the boundaries of the proposed CFD No. 2, as well as contributing Citywide CFD
No. I Funds and financing from other governmental sources. For purposes of this
Agreement the City’s financing program and resulting funds, whether collected prior to or
after formation of the proposed CFD No. 2, are referred to herein as “Financing Program
Funds.”
NOW, THEREFORE, the City and MAG agree as follows:
1. Recitals. The Recitals are true and correct and incorporated herein by this reference.
2. Reimbursable Work. The portion of the MAG’S overall Rancho Santa Fe Road, Phase 1
improvements which is the subject of this Agreement is hereafter referred to as the
Page 2 of 7
"Reimbursable Work." The Reimbursable Work is fully described in "Scope of
Reimbursable Work and Cost Summary" attached hereto as Exhibit "B" and made a part
hereof, and generally consists of the construction of pavement and base for the outside
twelve (12) feet of the roadway plus right turn lanes, the outside curb & gutters, median
hardscape, storm drain inlets, joint utility trench, sleeves for electric conduits, sleeves for
irrigation piping and controller wiring within the boundary of the Project, design costs to
include these facilities in the City plans and specifications, project management and
inspection, materials testing and project administration. Reimbursable work does not
include any other expenses that MAG would not incur if MAG constructed the
improvements under a private contract.
3. General Citv Obliqations.
City shall prepare the necessary plans, specifications, and other design and bid
documentation for Rancho Santa Fe Road, Phase 1 Work. These plans and
specifications are identified as City of Carlsbad Project No. 3190, Drawing No.
368-2.
City has obtained, or will obtain, all easements and rights-of-way required to
complete construction of the work.
City shall pay the expenses of inspections and environmental monitoring for the
Phase 1 work directly from the Financing Program Funds and shall provide those
services directly.
City has obtained, or will obtain, all required environmental and other permits for
the Phase 1 work. City agrees to process any environmental and other permits
related to the Phase 1 work which may fall under City jurisdiction in a timely
manner, and shall not unreasonably withhold or delay approval of any other
permits needed for the Phase 1 work.
During the performance of any Reimbursable Work, City shall retain detailed
payment records for all items of Reimbursable Work.
4. General MAG Obliqations.
(a) By entering into this Agreement, MAG waives any and all potential constitutional
objections (Nolan/Dolan) relating to the Rancho Santa Fe Road, Phase 1
improvements.
(b) MAG agrees to reimburse the City for the cost of constructing the reimbursable
items as shown on Exhibit "B" at the issuance of the first building permit for any
portion of the MAG property.
5. Biddinq.
With respect to all hard costs of construction comprising the Reimbursable Work, City
shall advertise for bids from reputable contractors. Reimbursable Work will be bid and
contracted together with the Phase 1 work. Upon selection of the lowest responsible
bidder, the costs thereof shall be allocated as necessary among the categories
consistent with the method and process used in Exhibit "B". The Parties agree that
Exhibit “B is a fair allocation of the costs under such contract as among the components
of Reimbursable Work. Costs shown in Exhibit “B are subject to modification through
change orders consistent with Paragraph 6(e) of this Agreement.
6. Reimbursable Expenses.
Expenses for Reimbursable Work (including without limitation City’s overhead
and allowance permitted under Section 6(c) below) are referred to herein
collectively as “Reimbursable Expenses.”
MAG’s reimbursement obligations hereunder shall be based upon the actual
costs incurred by City in contracting for the Reimbursable Work (in addition to
City’s overhead and the allowances specified in Section 6(c) below).
Not withstanding anything herein to the contrary, in addition to the actual costs
for Reimbursable work incurred by City, MAG specifically agrees that each of the
following shall be deemed Reimbursable:
(i) Proportionate share of costs paid by City for project management and
inspection relating to the Reimbursable Work.
(ii) Proportionate share of cost paid by City for materials testing for the
reimbursable work.
(iii) Proportionate share of cost paid by City for engineering construction
support relating to the reimbursable work.
Reimbursable work will be deemed complete upon the City’s receipt of all final
lien releases, approvals, certificates, and City’s approval of the construction
punch list.
7. Payment of Reimbursable Expenses.
(a) Payment of Reimbursable Expenses shall be made as specified in Section 4(b)
above.
(b) Except as noted in Section 7(a) above, payment of any Reimbursable Expenses
under this Agreement shall not be reduced for fees or charges that may be
payable as a condition of obtaining permits for the development of any portion of
MAG properties or MAG’s other projects. City shall not offset MAG’s
reimbursement under this Agreement against any other obligation of any person.
(c) The City shall not unreasonably withhold, condition or delay acceptance of the
Reimbursable Work.
(d) The Parties agree that the sole source of reimbursement shall be MAG’s funds.
8. Disputes/Claims. If a dispute should arise regarding the performance or interpretation of
this Agreement, the following procedure shall be used to initially resolve any question of
fact or interpretation not informally 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 of MAG or the Director. A
copy of such documented dispute shall be forwarded to the other party involved along
with proposed methods of resolution that would be of benefit to both parties. The
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Director, or principal, upon receipt, shall reply to the letter, including a proposed method
of resolution within ten (IO) days. If the proposed resolution 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 as soon as practicable. 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 for purposes of processing any Reimbursement Requests, provided however,
nothing in this Agreement shall prohibit the parties from seeking remedies available to
them at law or equity.
9. Assiqnment of Contract. The City shall not assign this contract or any part thereof or
any monies due hereunder without the prior written consent of the MAG, which consent
shall not be unreasonably withheld, delayed or conditioned.
10. Notices. U nless otherwise specifically provided h erein, a II notices, d emands or other
communications given hereunder shall be in writing and shall be deemed to have been
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, address as specified herein. Notices required
to be given to MAG shall be addressed as follows:
Theodore A. Aroney
7750 El Camino Real, Suite 2G
Carlsbad, CA 92009
and
Betty L. Mabee and Larry Mabee
Successor Co-Trustees of Mabee Family Trust Dated October 4,2001
Mabee Properties
3838 Camino del Rio North, Suite 222
San Diego, CA 92108
Notices'to City shall be delivered to the following:
CITY OF CARLSBAD
Engineering Department Attention: Public Works Director
1635 Faraday Avenue
Carlsbad, CA 92008
I. MODIFICATIONS
This Agreement may not be modified, amended, or otherwise changed unless by an
amendment, in writing, executed by both parties.
Page 5 of 7
II. COUNTERPARTS
This Agreement may be executed by The Parties in separate counterparts, each of
which when so executed shall be an original, but all such counterparts shall constitute
one and the same instrument.
111. CHOICE OF LAW
This Agreement shall be governed by the laws of the State of California and venue shall
be proper in the San Diego Superior Court, North County Branch.
IV. SEVERABILITY
If o ne o r m ore c lauses, s entences, p aragraphs, p rovision o r terms of this Agreement
shall be held unlawful, invalid, or unenforceable, it is hereby agreed by the Parties that
the remainder of this Agreement shall not be affected thereby.
V. HEADINGS
The headings of articles and paragraphs of this Agreement are for convenience only,
and no presumption or implication of the intent of the parties as to the construction of
this Agreement shall be drawn therefrom.
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VI. COMPLETE AGREEMENT
The forgoing constitutes the full and complete agreement of the parties. There are no
oral understandings or agreements not set forth in writing herein.
IN WITNESS WHEREOF, this Agreement is executed by City and MAG pursuant to
action taken by the City Council of Carlsbad and the Partners of the MAG Partnership.
MAG PROPERTIES, a California General
Partnership
ner
Date: JkmbtEk G20,aa
If required by City, proper notarial acknowledgement of execution by contractor must be
attached. If a Cornoration, Agreement must be dgned by one corporate officer from each of the
following two groups.
*Group A
Chairman,
President, or
Vice-president
""Group B
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
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.. .. . .. ..
State of
County of Sw.b?eao
on by emh~4- I \ , 200- before me, AmCW7kL s, P. flt2ri'c
personally. appeared p-w- A. .A~on w I
Date , Name and Tne oi Officer (e.g.,fiane Doe, Notary Publid')
N{me(sj ai Signer(s)
0 personally known to me - OR - proved to meon the basis of satisfactory evidence to be the personw whose name('Qis/wsubscribed to the within instrument
and acknowledged to me that he/- executed. the
same in his/h&tbw authorized capacity(b4, and that by
his/herfttrerr signature on the instrument the person& or the entity upon behaf CYT of which the person(s) acted, ,
executed the instrument.
WITNESS my hand and official seal.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
Name and iWe d ORlcsr (e.g., "Jane Doe, Notary Public")
personally appeared Bevy I-- \+kAbe-c
Name@) d Slgner(s)
mrsonally known to me
proved to me on the basis of satisfactory
to be the personwwhose name# is/&
subscribed to the within instrument and acknowledged to me that&/she/tW executed
the same in ,h%/her/tbeir authorized
capacity(m, and that by Pis/her/$& signatur&df on the instrument the person($ or
the entity upon behalf of which the personpf
acted, executed the instrument.
WITNESS my hand and official seal.
Signatured Nolary Pubhc
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer@) Other Than Named Above:
Capacity(ies) Claimed by Signer
0 Corporate Officer - Title(s):
0 Partner - Ll Limited 0 General
0 Attorney-in-Fact
0 Guardian or Conservator
Signer Is Representing:
0 1999 Natlonal Notary Asswialion 9350 De Soto he.. P.O. Box 2402 - Chatswrth. CA 91 31 3-2402 * www nationalrotary.org Prod No. 5907 Rewder: Call Toll-Free 1-800-876-6827
EXHIBIT “A”
MAG PROPERTY DESCRIPTION
THAT PORTION OF SECTION 31, TOWNSHIP 12 SOUTH, RANGE 3 WEST, SAN
BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, AS
DESCRIBED AS PARCEL “A” OF CERTIFICATE OF COMPLIANCE RECORDED
RECORDS, CERTIFICATE OF COMPLIANCE RECORDED JULY 2, 1982 AS
LAND AS DESCRIBED IN QUITCLAIM DEED TO MAG PROPERTY RECORDED
PARCEL “B” OF LAND AS DESCRIBED IN QUITCLAIM DEED TO MAG PROPERTY
RECORDS.
DECEMBER 15, 1989 AS DOCUMENT NUMBER 89-680019 OF OFFICIAL
DOCUMENT NUMBER 82-207275 OF OFFICIAL RECORDS, THAT PORTION OF
JANUARY 30, 2002 AS FILE NO. 2002-0079623 OF OFFICIAL RECORDS AND
RECORDED JANUARY 30, 2002 AS FILE NO. 2002-0079622 OF OFFICIAL