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HomeMy WebLinkAbout2007-01-09; City Council; 18854; Reimbursement Agreement Carlsbad Oaks NorthCITY OF CARLSBAD - AGENDA BILL AB# 18,854 MTG. 1/09/07 DEPT. ENG APPROVE THE FINAL MAP FOR CT 97-13, CARLSBAD OAKS NORTH PHASE 2 AND APPROVE AND AUTHORIZE REIMBURSEMENT AGREEMENT FOR WIDENING FARADAY AVENUE AT ELCAMINO REAL DEFT. HEAT P CITY ATTY. %JJJ" CITYMGR. ~7FT> RECOMMENDED ACTION: Adopt Resolution No. 2007-001 approving the final map for CT 97-13, Carlsbad Oaks North Phase 2, and authorizing the City Clerk to process the map for recordation. Adopt Resolution No. 2007-002 approving and authorizing the reimbursement agreement with Carlsbad Oaks North Partners, L.P. for widening Faraday Avenue at El Camino Real. ITEM EXPLANATION: Engineering staff has completed checking the final map of CT 97-13, known as Carlsbad Oaks North Phase 2. This subdivision is within Local Facilities Management Plan (LFMP) Zone 16 and is generally located north of Palomar Airport Road between Melrose Drive in Vista, and Orion Avenue in Carlsbad. The project consists of a 7 lot subdivision of 53.83 acres. The final map conforms substantially to the tentative map as approved by Planning Commission on August 21,2002 per PC Resolution No. 5249. The final map also conforms to the General Plan, all the applicable requirements of the Municipal Code, City Standards, and Growth Management Plan. The applicant, Carlsbad Oaks North Partners, L.P., is requesting the recordation of said final map. Other discretionary permits, Administrative Planned Industrial Permits (PIP), will be required for development of each lot. Grading permits have been issued on this project. One of the conditions of approval for CT 97-13 was to improve the intersection of Faraday Avenue at El Camino Real to allow an additional westbound right-turn lane. The City of Carlsbad has a capital improvement project to improve three intersections on Faraday Avenue, including the intersection of El Camino Real. Carlsbad Oaks North Partners, L.P. has deposited with the City the sum of $62,388.41 representing developer's estimated fair share cost of the design and construction of intersection improvements at Faraday Avenue at El Camino Real. The reimbursement agreement is to allow the City to refund or collect additional monies if the actual costs differ from the estimated costs for this portion of intersection improvements. ENVIRONMENTAL IMPACT: The approval of a final subdivision map and reimbursement agreement is a ministerial project and is exempt from the requirements of CEQA pursuant to Section 15268 of the State CEQA Guidelines. FOR CITY CLERKS USE ONLY. COUNCIL ACTION:APPROVED DENIED D CONTINUED D WITHDRAWN D AMENDED D CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER-SEE MINUTES D Page 2 FISCAL IMPACT: The developer pays a plancheck fee to cover the expense of planchecking and processing the final map for recording. All appropriate fees have been paid for this project. The reimbursement agreement allows a project to pay its proportionate share of an impacted intersection or roadway, relieving financial strain on City Funds. Impacts relating to the reimbursement agreement (auditing and accounting) shall be included in the proportionate share calculations for the specific improvement project. EXHIBITS: 1. Location Map. 2. Resolution No. 2007-001 approving the final map for CT 97-13, Carlsbad Oaks North Phase 2, and authorizing the City Clerk to process the map for recordation. 3. Resolution No. 2007-002 approving and authorizing reimbursement agreement with Carlsbad Oaks North Partners, L.P. 4. Reimbursement Agreement between the City of Carlsbad and Carlsbad Oaks North Partners, L.P. DEPARTMENT CONTACT: Clyde Wickham, (760) 602-2742, cwick@ci.carlsbad.ca.us LOCATION MAP SITE CITY fa VISTA CITY QF CARLSBAD AREA OF REIMBURSEMENT SITE CITY OF OCEANSIDE VICINITY MAP NOT TO SCALE NOT" TO SCALE SITE PACIFIC OCEAN PROJECT NAME CARLSBAD OAKS NORTH PHASE 2 PROJECT NUMBER CT97-13-2 EXHIBIT 1 DRAWN BY: SCOTT EVANS. CARLSBAD ENGINEERING DEPT. 11/7/06 C: \DEVELOPUENT PROJECTS\CT\CT97-13-2.DWG RESOLUTION NO. 2007-001 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, APPROVING THE FINAL MAP FOR CT 97-13, CARLSBAD OAKS NORTH PHASE 2, AND 4 AUTHORIZING THE CITY CLERK TO PROCESS THE FINAL MAP FOR RECORDATION. 5 WHEREAS, Carlsbad Oaks North Partners, L.P., has submitted a final map known as 6 CT 97-13, Carlsbad Oaks North Phase 2, to the City of Carlsbad for approval; and 7 WHEREAS, the tentative map of CT 97-13 with conditions, was approved by Planning Q Commission on August 21, 2002 per PC Resolution No. 5249; and ' WHEREAS, the City Engineer has determined that said map substantially conforms to said conditionally approved tentative map; and 11 WHEREAS, the conditions of approval for said final map have been completed or 12 secured; and 13 WHEREAS, the final map conforms to the City of Carlsbad General Plan and all requirements of City Codes and Standards. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, IO California, as follows: 16 1. That the above recitations are true and correct. 17 2. That said final map known as CT 97-13, Carlsbad Oaks North Phase 2, which is 18 on file with the City Engineer and is incorporated herein by reference, is accepted. 19 3. That the City Clerk is authorized to sign the Certificate of Acceptance on the final map. 21 4. That the City Clerk is authorized to cause the original final map to be recorded in 22 the Office of the County Recorder of San Diego County, State of California. 23 5. That the City Clerk is authorized to release the final map to First American Title 24 Company for recording in the Office of the County Recorder. 25 '" 26 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 9th day of January, 2007, by the following vote: AYES: Council Members Lewis, Kulchin, Hall, Packard, Sigafoose NOES: None ABSENT: None LEWIS, Mayor ATTEST: 'LORRAINE M. WOOD, City Clerk^ (SEAL) RESOLUTION NO. 2007-002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, TO APPROVE AND AUTHORIZE REIMBURSEMENT AGREEMENT WITH CARLSBAD OAKS NORTH 4 PARTNERS , L.P. AND THE CITY OF CARLSBAD FOR CONSTRUCTION OF ADDITIONAL RIGHT-TURN LANE ON 5 WESTBOUND FARADAY AVENUE AT EL CAMINO REAL. 6 WHEREAS, Carlsbad Oaks North Partners, L.P. (DEVELOPER), is the Developer of the 7 City approved project known as Carlsbad Oaks North CT 97-13; and 8 WHEREAS, as described in the conditions of CT 97-13, DEVELOPER shall design improvements to Faraday Avenue at El Camino Real to accommodate an additional westbound turn lane, subject to reimbursement.10 WHEREAS, the City has developed an improvement project on Faraday Avenue at three 11 intersections, including Faraday Avenue and El Camino Real associated with the project 12 conditions as a shared responsibility between City of Carlsbad and DEVELOPER; and •1010 WHEREAS, the City of Carlsbad has caused plans to be prepared for the improvements 14 to Faraday Avenue; and 15 WHEREAS, the funding of the improvements have been approved by the City of 15 Carlsbad; and . WHEREAS, the deposit by Carlsbad Oaks North Partners, L.P. satisfies the obligation of "Fair Share" contribution and meets the intent of condition of approval related to CT 97-13.18 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 19 California, as follows: 20 1 . That the above recitations are true and correct. 2. That the reimbursement agreement is hereby approved. 22 3. That the Mayor is hereby authorized to execute the reimbursement agreement 23 with Carlsbad Oaks North Partners, L.P. 24 /// 25 '" III 26 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 9th day of January, 2007, by the following vote: AYES: Council Members Lewis, Kulchin, Hall, Packard, Sigafoose NOES: None ABSENT: None ATTEST: LORRAINE M. WOOD, City Cle (SEAL) -,~ ^BP^^ '<,*,>* AGREEMENT FOR REIMBURSEMENT OF COSTS FOR THE CONSTRUCTION OF ADDITIONAL RIGHT TURN LANE ON WEST BOUND FARADAY AVE. AT EL CAMINO REAL CT 97-13 / CARLSBAD OAKS NORTH Between CITY OF CARLSBAD, a Municipal corporation AND CARLSBAD OAKS NORTH PARTNERS L.P -1 - AGREEMENT FOR REIMBURSEMENT OF COSTS FOR THE CONSTRUCTION OF WEST BOUND RIGHT TURN LANE ON FARADAY AVE AT EL CAMINO REAL CARLSBAD TRACT 97-13 (CARLSBAD OAKS NORTH) This Agreement for Reimbursement of Costs for the Construction of the West Bound Right Turn Lane on Faraday Ave. at El Camino Real (CT 97-13 / Carlsbad Oaks North), dated as of Cr&nocuriK )Q j 90(T7 . 2007 ("Agreement") is made at San Diego County, California, by and between the CITY OF CARLSBAD, a municipal corporation ("City") and Carlsbad Oaks North Partners, L.P. ("Developer") (collectively, the "Parties"), with reference to the following recitals: REdiFALS A. Developer is the record owner ^certain real property located in the City of Carlsbad, California ("Cartsbjad Oaks Norith dt 97-13$ more particularly described on Exhibit "A" attached hereto a$d made a part hereof, afia Exhibit "|w, shown for reference purposes only. The Carlsbad Oaks North Property is1 a 414.0 Acre Subdivision split into 3 phases of development. B. Developer ffleo? Application for Tentative Map (CT 97-11) ind related approvals with respect to Carlsbad -Oaks North, ("Project"). The Project is the subject Ipf certain development approvals received from City, including without limitation: EIR 98-08, GlPA 97-05, ZC 97-05, SP 211, Sl» 200(B), LFMP 16(A) and CT 97-13, all incorporated and approved by City of Carlsbad Ordinances NS 645, NS 646, NS 647 and City Council Resolution 2002-298, and Planning Commission Resolution 5249. C. Condition of Approval No. 58A of Planning Commission Resolution No. 5249 requires Developer to construct one additional northbound right Junl; Jane at the intersection of Faraday Ave, and El Camino Real. (Intersection Improvemerrts^fSaid Condition of App|pval No. 58A states tjhat Developer may enter into a reimbursement agreement prior to recofdation of the Final Map or beginning of construction to obtain a partial reimbursement of the cost of construction. D. City has designed and proposes to construct improvements to Faraday Ave and El Camino Real ("City fmproyements") which include among ;>,other improvements the Intersection Improvements. Ddveloper wishes to pay the City Developer's^ fair share of construction costs !of the Intersection Improvements to be constructed by the City, estimated at thirty-five percent (35%) of the eist leg ,tf proposed construction of City Improvements as detailed in the cost estimate prepared by the City and shown in Exhibit "G", attached hereto and made a part hereof, E. Developer has deposited with the C|JV the sum of $62,388.41 representing Developer's estimated fair share cost of the :disign and construction of Intersection Improvements ("Developer Deposit"). F. The Parties intend that upon completion of the City Improvements, the City will perform an audit to determine the Developer's actual fair share cost of Intersection Improvements. If the actual fair cost of the Intersection Improvements exceeds the Developer Deposit, then Developer will pay to City the difference between the actual fair share cost and the Developer Deposit. If the actual fair share cost of the Intersection Improvements is less than the Developer Deposit then the City shall refund to Developer an amount equal to the difference in cost between the Developer Deposit and actual fair share cost. -2- G. The Parties intend that the design and construction of the Intersection Improvements and this Agreement shall satisfy the requirements of Planning Commission Resolution No. 5249 condition 58(A) as such condition relates to the Intersection Improvements. NOW, THEREFORE, the City and Developer agree as follows: 1. Recitals. The Recitals, above, are true and correct and incorporated herein by this reference. 2. Intersection Improvements. The proposed Intersection Improvements are further described on Drawing No. 429-9 of the improvement plans for City Improvements, sheets 4, 5, and 11, on file with the City Engineer and incorporated by this reference . 3. City Obligations. ; ; "•$-.. (a) City agte(^f:Jhat^the*Sivelopii'"De|ji68i^ this Agreement and City construction of the City Imprbyemerffs, satisfies Condition of Approval No. 58(A) of Planning Commission Resolution No. 5249 as sujch condition relates to Intersection Improvements. (b,) City agrees "tor refund to^rOevelOper an amount equal to the difference in cost between the Developer Deposit/arkl actual fair share cost of the Intersection Improvements, as determined by an audit performed by ttie City after completion of City Improvement, if such audit determines that the Developer's actual fair cost of Intersection Improvements is tess than the Developer Deposit. Any such refund shall be made by the City within sixty (60) days of completion of the audit. 4. Developer Obligations. (a.) Developer has deposited with the City the sum of $62,388.41 representing Developer's estimated fair share contribution for the cost to construct Intersection Improvements. (b.) Developer agrees to pay to City an amount equal to the difference between the Developer's actual, fair share cost to construct Intersection Improvements, as determined by an audit performed by the City after completion of GHyimprovements, and Developer Deposit, if such audit determines that the Developer's actual fair cost of Intersection Improvements is more than the Developer Deposit. Any such payment to City shall be made by the Developer within thirty (30) days of written request to make such payment. /.*_ - ,; *"_ _ ' ' '/ 4. Audited FairShirtWork. - ."..'.-•',"'".' ' -.. • v -• i'i i&- "'-4> A->.W--"V; '• , • ',$,-!! (a:). City-shall retain ^detailed, payment irecppl^ for all items of work during the design and construction of the: Cify Improvements; foriisfeby City in preparing the audit of the Developer's actual fair share cost;of Intersection Improvements. (d) City's refund'or'Developer's payment obligations hereunder shall be based upon the actual costs incurred by City in performing the design and construction of the Intersection Improvements. -3- 5. Disputes/Claims. If a dispute should arise regarding the performance or interpretation of this Agreement, the following procedure shall be used to 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 Developer or the Director. 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 Director, or principal, upon receipt, shall reply to the letter, including a recommended method of resolution within ten (10) working 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. 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 from seeking remedies available to them at law. 6. Successors: Goveffant to Run With J^ealBroperty. This Agreement and the covenants contained herein shalFbe" binding upon and inure to tile benefit of the Developer and City and shall run with the real property and create an equitaBle servitude upon the real property. After City reimbursement to Developer, the provisions of this Agreement shall no longer apply to, and the same shall no: longer be or constitute an equitable servitude against or run with the land and the equitable servitude hereby created shall automatically terminate. Upon the request of Developer, .City shall execute and deliver to Developer, in recordable form, any further documents and/or instruments reasonably necessary to evidence .that Project is thereafter fully released and free from the provisions of this Agreement, provided that the cost of preparing and recording such documents and/or instruments shall be paid by Developer. 7. Assignment of•-* Agreement. The Developer shall not assign this Agreement or any part thereof or any monies due thereunder without the prior written consent of the City. 8. Notices. Unless otherwise specifically provided herein^ ;ajl^ notices, demands or other communications given hereunder shall be in wrj$n|f and jshalKbe 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 Developer shall be addressed as follows: CARLSBAD OAKS NORTH PARTNERS, LP. 3575 Kenyon Street Sa0 Diego, CA 92110 P.O: Box 8036 San tiiego, <2A 921,38 Telephone: (619)223-1663 Notices to City shall be delivered to the following: CITY OF CARlSBAD' --T^*." Public Works/Engineering Department Attention: Public Works Director 1635 Faraday Avenue Carlsbad, CA 92008 Telephone: (760) 602-2730 FAX: (760) 602-8562 Each party shall notify the other immediately of any changes of address that would require any notice delivered hereunder to be directed to another address. -4- 9. Counterparts. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which counterparts taken together shall constitute one and the same instrument. 10. Governing Law and Venue. This Agreement shall be interpreted and enforced under the laws of the State of California, and venue shall reside in San Diego County, California. 11. Complete Agreement. This Agreement contains the entire agreement between the parties with respect to the subject matter contained herein, and supersedes all negotiations, discussions, and prior drafts with respect to this subject matter. 12. Amendment. This Agreement may be amended by a written instrument executed by City and Developer. 1 3. Term. This AdjEpnent" sfraTO^e^febBye^is,of the date first above written, and shall terminate on the earlier ~or $ 1he;;d9<se, the City refunds to Developer the surplus Developer Deposit, (ii) the Date the developer: -pays to City the difference in the amount between Developer Deposit arid the actual audifecl arnount of Developer's fair share cost of the Intersection Improvements or (ii) January 1, 20013. Upon completion, of the Work covered by this Agreement, if requested by Developer, City agrees to execute any document deemed necessary to remove this Agreement from title. Developer to bear all costs associated with preparation, processing and recording of documents to remove this Agreement from title. Notwithstanding same, this Agreement shall no longer encumber the project once developer receives the reimbursement amount. III III Ill III /// -5- 14. Severabilitv. The invalidity or unenforceability of any provision of this Agreement, as determined by a court of competent jurisdiction, shall in no way affect the validity or enforceability of any other provision hereof. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first above written. CARLSBAD OAKS NORTH PARTNERS L.P. A California Limited Partnership (sign here)A (print name and title of signatory) By: (sign here) «*» t tltre of Si(print name and We of Signatory) By: (sign here) (print name and title of signatory) CITY-Gf CARLSBAD, a corpprifligfn of tr» Sterti of W-fuiLvCtity MartaMrylfeyor ATTEST: "LORRAINE M. WOOD City Clerk (Proper notarial acknowledgment of execution by-Contractor mustl>e attached. Chairman, President or vice-president and secretary, 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 the officer(s) signing to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL, City Attorney BY: -6- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California Countv of San Die8° On December 7, 2006 before me }ss. Paula Banner, Notary Public Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared Genevieve Tchang Frost and Theodore Tchang 1 j^*ij& Commmton # 1 652769 |gggS8 Notary Pubtte - CaHtomta 1 \iis3K' Son Otogo County 1 ^•S^MyComm.Exp(ro»MQrl9.2010 Place Notary Seal Above f Name(s) of Signer(s) 5 personally known to me D proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are 1 subscribed to the within instrument and 1 acknowledged to me that he/she/they executed i 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. WITNES&rnySqand and official seal. )Z^2t>6&^ ^t^t^m^^_^ Signature of Notary Public •\l-»T-H-k»l M 1 Though the information below /s 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 Tvoe of Document: Agreement of Reimbursement of Costs Document Date: Sianer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Number of Pages: ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^H RIC-1H 1 l HUMRPWINT ^^^H ^^^^^^^^^^^^^^^^^^^^^^••••••^^^^1 OF SIGNFR ^^^1 S Cor±e Officer - Titie^: Secretary and Vice President D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: © 1999 National Notary Association • 9350 De Solo Ave., P.O. Box 2402 • Chatsworth. CA 91313-2402 • www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 State of California ) County of ^^)an hicaQ _ )caQ On -3&nuar( Jdt &-W1 _ before me, -SMg.ifa.^gjvaj Cabta^ _ , Notary A. <E>ersdnaTly known to rnepop— . proved to me on tho hqqis "f satisfactory °vidftiv« to be the person whose hamels subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. « .HEN*ECO>AN ^^^^^ ConwnMon ff 1599691 HI IB| i iuiu, Putote - CoHtorto &>n Dtogo CountyP>r*\ M7 State of California ) ,•;.- - - ) County of :..-..;.r?*k-: " ) On ^ ''•••-.' ..;* ' . before me, __^ *.'..'.. Notary Public, personally appeared Claude Lewis personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Rev. 11/29/06 -7-