Loading...
HomeMy WebLinkAboutCT 01-09; Property Development Center, LCC; 2014-0542586; Reimbursement Agreement/Releasen |3p RECORDING REQUESTED BY: Carlsbad City Clerk's Office WHEN RECORDED MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 DOC IIIII 2014-054258G I DEC 09, 2014 4:59 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Einesl J. Dronenburg, Jr., COUNTY RECORDER FEES: 51.00 PAGES: 13 SPACE ABOVE THIS LINE FOR RECORDER'S USE AGREEMENT FOR REIMBURSEMENT OF COSTS FOR THE CONSTRUCTION OF CITY OF CARLBAD DRAINAGE MASTER PLAN FACILITY DQB LOCATED WITHIN LA COSTA TOWN SQUARE DEVELOPMENT CT 01-09 BETWEEN CITY OF CARLSBAD, A MUNICIPAL CORPORATION AND PROPERTY DEVELOPMENT CENTER, LLC AGREEMENT FOR REIMBURSEMENT OF COSTS FOR THE CONSTRUCTION OF CITY OF CARLSBAD DRAINAGE MASTER PLAN FACILITY DQB LOCATED WITHIN LA COSTA TOWN SQUARE DEVELOPMENT, CT 01-09 BETWEEN CITY OF CARLSBAD, a Municipal corporation AND PROPERTY DEVELOPMENT CENTER, LLC AGREEMENT FOR REIMBURSEMENT OF COSTS FOR THE CONSTRUCTION OF CITY OF CARLSBAD DRAINAGE MASTER PLAN FACILITY DQB IN LA COSTA TOWN SQUARE COMMERCIAL CT 01-09 This Agreement for Reimbursement of Costs for the Construction of City of Carlsbad Drainage Master Plan facility, "Storm Drain DQB", in La Costa Town Square Commercial dated as of NCiir^:ieJu rO.^ 2014 ("Agreement") is made at San Diego County, California, by and between the CITY OF CARLSBAD, a municipal corporation ("City") and Property Development Centers LLC, a Delaware limited liability company In the County of San Diego ("Developer") with reference to the following recitals: RECITALS A. Owner is the record owner of certain real property located in the City of Carlsbad, California known as La Costa Town Square Commercial more particularly described on Exhibit "A" attached hereto and made a part hereof, and Exhibit "B", shown for reference purposes only. La costa Town Square is about 41.54 acres. B. Owner intends to subdivide the property into 15 commercial lots, 3 common lots and 1 open space lot ("Project"). The Project is the subject of certain development approvals received from City, including without limitation grading plans DWG 409-4C. C. A Planned Local Drainage Area Facility, Storm Drain DQB, as contained in 2008 the Drainage Master Plan, crosses the Project site. City proposes to construct improvements to Storm Drain DQB in the future. Owner wishes to construct the storm drain DQB improvements now to facilitate the Project. D. The Project revised the alignment of Storm Drain DBQ the Project as shown on city approved drawing, DWG 409-4C and Exhibit "C", attached hereto and made a part hereof. The Developer has requested to enter into a reimbursement agreement pursuant to City of Carlsbad Municipal Code section 15.08.080. E. The City's cost estimate for the design and construction of Storm Drain DQB as contained in the 2008 City Drainage Master Plan is $745,842 attached hereto as Exhibit "D". The developer has requested reimbursement for $182,165 as detailed in the cost estimate prepared by the owner and shown in Exhibit "E", attached hereto and made a part hereof. F. The Parties intend that upon completion of Storm Drain DQB, the City will perform an audit to determine the actual cost of the Storm Drain DQB. The developer is eligible for reimbursement of the actual cost of Storm Drain DQB but not to exceed $745,842, City's cost estimate for the design and construction of Storm Drain DQB. NOW, THEREFORE, the City and District agree as follows: 1. Recitals. The Recitals, above, are true and correct and incorporated herein by this reference. 2. Improvements. The proposed Storm Drain DQB are further described on Drawing No. 409-4C of the improvement plans for La Costa Town Square project on file with the City Engineer, incorporated herein by this reference. 3. Citv Obligations. -2- (a) City agrees to pay Developer an amount equal to the actual cost of the said Storm Drain DQB, as determined by an audit performed by the City after completion of Storm Drain DQB but not to exceed $745,842, City's cost estimate for the design and construction of Storm Drain DQB. (b) Any such payment to the Owner shall be made within thirty days (30) of written request to make such payment. 4. District Obligations. ' (a.) Owner agrees to bear the cost of the difference between the actual cost to construct the Storm Drain DQB, as determined by an audit performed by the City after completion of Storm Drain DQB, and $745,842, if such audit determines that the actual cost exceeds $745,842. 5. Audited Fair Share Work. Owner shall retain detailed payment records for all items of work during the design and construction of Storm Drain DBQ, for use by the City in preparing the audit of the cost of Storm Drain DQB. This audit shall be made available to the Owner for review, for a period of no less than thirty (30) days prior to the commencement of the thirty (30) day grace period by which payment is due per section 3. (c.) above. 6. 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 District Superintendent or the City's Director of Public Works. A copy of such documented dispute shall be fonwarded 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 fonwarded 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. 7. Assignment of Agreement. The Developer may freely assign this contract or any part thereof or any monies due hereunder to any party that succeeds to Developer's obligations under a novation of a Subdivision Improvement Agreement or otherwise. Other assignments require written consent of the City. 8. Notices. Unless othen/vise specifically provided herein, all notices, demands 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, retum receipt requested, postage prepaid, address as specified herein. Notices required to be given to District shall be addressed as follows: -3- David Zylstra, Chief Operating Officer Property Development Centers 5858 Stoneridge Mall Road Pleasanton, CA 94588 Telephone: (925)738-1202 Notices to City shall be delivered to the following: CITY OF CARLSBAD Public Works/Engineering Department Attention: Public Works Director 1635 Faraday Ave 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. 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. 13. Amendment. This Agreement may be amended by a written instrument executed by City and Owner. 14. Term. This Agreement shall be effective as of the date first above written, and shall terminate on the date the City pays to Developer the actual audited amount of actual cost ofthe Storm Drain DQB Improvements. 15. Severability. 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. /// /// /// /// /// /// /// -4- IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first above written. OWNER: Property Development Centers, a Delaware corporation By: Safeway Inc., a Delaware corporation, its sole member — f (sign here) (print name and title) (sign here^p^ CITY OF CARLSBAD, a municipal corporation of the State of California Matt Hall, Mayc ATTEST: Barbara Engles City Clerk (print name and title) FORM APPROVED: APPROVED AS TO FORM: Celia A. Brewer, City Attorney )eputy City Attorney CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 State of California of »3(in County On personally appeared before me Ml^ mat Here Insert Name and Title of the Officer Name(s) of Signer(s) SHfcLlEY COLUNb t Commission # 1962114 | Notary Public - California z San Diego County i »yrnmm F»nifeBDec25.2015^ who proved to me on the basis of satisfactory evidence to be the persori^ whose name(s) ^/are- subscribed to the within instrument and acknowledged to me that ^tiSsTiS/ttrey executed the same in "iSTlDefAi^eir authorized capacity(ies)r'and that by "ir signature(s)-'''on the instrument the personj^ or the entity upon behalf of which the person(6facted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signature: OPTIONAL - 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 P^§€s: Slgner(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: • Corporate Officer — Title(s): • Individual • Partner — • Limited • General • Attorney in Fact • Trustee . •' • Guardian or Conservator' • Other: x" Signer Is-fiepresenting: RIGHT THUMBPRINT OF SIGNER Top of ttjufffb here Signer's.,Name: C^Corporate Officer — Title(s): • Individual • Partner — • Limited • General • Attorney In Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here D 2010 National Notary Association • NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 State of California County of before me. ' • / Here Insert Name and Title of tlie Officer ' | Date f.. / Here Insert Name and Title of tlie Officer ' personally appeared '^Zcoen foo/f K A/jfVch^ ^ \y ' Name(s) of Signer(s) ' ANGELA PARLIAMENT t Commission # 1935729 I Ip^^^j Notary Public - California 1 2 \^^W^ Alameda County g J ^SSP^ My Comm. Expires Jun 5, 2015 L who 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand andjjfficial seal. Place Notary Seal Above Signature: OPTIONAL — •Signature of Notary Public 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(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: • Corporate Officer — Title(s): • Individual • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer's Name: • Corporate Officer — Titie(s): • Individual • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: RIGHTTHUMBPRINT OF SIGNER Top of thunnb here ) 2010 National Notary Association • NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) March 20, 2014 JN.101290 EXHIBIT 'A' LEGAL DESCRIPTION PARCEL 2 OF CARLSBAD MINOR SUBDIVISION NO. 04-08 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARCEL MAP THEREOF NO. 20982, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JULY 11, 2012 AS DOCUMENT NO. 2012- 0402964, OF OFFICIAL RECORDS. Page 1 of 1 EXHIBIT 'B* LEGEND BOUNDARY UNE LOT UNE LOT NUMBER COVENANT FOR PRIVATE DRAINAGE EASEMENTS APPLICANT: CITY OF CARLSBAD DATE: APRIL 22. 2014 PROPERTY DEVELOPMENT CENTERS. LLC 5918 STONERIDGE MALL RD PLEASANTON CA 94588 (925) 738-1232 SHEET 1 OF 1 SHEET l7\_CommBrciot\Ploti\Cov«*iontE3mt\CovanQntEsmt.dwQ Apr 22. 2014 10;4<tom 090PSTR: t090PtilAP-CC6: 1O90PMAP-B0Yi CowortEsmta-BordBn 1090PUTL- 2710 Loker Avenue West, Suite 100, Carlsbad, 760-931-7700 www.ODayConsultants.com Ca 92010 T.M. A.P.N. 1090PUTL-CC6; 1090PUrL-CC6-PH2 NO SCALE LEGEND EXISTING PUBUC STORM DRAIN. . PROPOSED PUBUC STORM DRAIN. ... (COST TO BE REIMBURSED) i RANCHO SANTA FE RD. CONSULT NTS 2710 Loker Ave. West Suite 100 Corlsbad, California 92010 750-931-7700 Fax: 760-931-8680 ODayConsultants.com Civil Engineering Planning Processing Surveying STORM DRAIN REIMBURSEMENT EXHIBIT CITY OF CARLSBAD PAGE 1 OF 1 REQUESTED BY: PROPERTY DEVaOPMENT CENTERS, LLC 5918 STONERIDGE MALL RD. PLEASANTON, CA 94588 LS. 7700 EXP. 12/31/14 A.P.N. DATE JAN. 24. 2014 LU o h-o 111 —3 o Od Q. O CO ? LU t LU to O Q. E < o LU O < < Q Q: UJ H Z UJ o z o ? o o < I 0) H o Ul -3 o Q. Ul o < OQ O Q >- O 2 Z < -J OL Ul H (0 < UJ O < z < Q H O ai .-J O D. o o o LU -» o Q. T3 CC O a: 11. c CO CO o sz o c CO a: T3 c 03 (U 3 C 0 to CO o O CO I- u M IU Q I- u lU -» o 0. CD o c CD CO +-» o CD O CD > CD Q. "Q. 0 i_ O c o o T3 0 O $. c 0 L. L. 0 +-» 0 E CD T3 St o c CD 00 ti O t3 in C Q lU lU z H U lU -> o Q: 0. c 0 E Q. O 0 > 0 T3 L_ 0 C 0 o c ,0 CO o O T3 0 CO O Q. e a. 0 E o it: O c 0 > C o o |2 0) o \— 3 o (O c c c u. p p p < < < Q Q Q _J _l _l Q. Q. Q. o N- m O T- (N O (N CO h-'o'cx) t- 00 CO CN 00 in O z o 0) U) o Q 3 a. CO © .0 I 1 > CO c c 0 o tJJ Q O (0 o u re ** E2 < Q CONSULTA/^NTS Civil Engineering • Surveying Storm Drain Reimbursement Drainage Master Plan Facility DQB J.N. 10-1290-10 August 28, 2014 Construction Surveying $5,550 Engineering design $17,737 Construction $140,586 Improvement plan check fee $5,979 Improvement inspection fee $4,650 Performance Bond $1,406 Payment Bond $1,406 General Contractor $3,515 Insurance $1,336 Total $182,165 O'Day Consultants Inc. 2710 Loker Avenue West, Suite 100 Carlsbad, California 92010-6609 E-mail: oday@odayconsultants.com Website: www.odayconsultants.com Tel: 760.931,7700 Fax: 760.931