HomeMy WebLinkAboutCT 82-15; Daon Corporation; 83-263566; Reimbursement Agreement/Releasee id- 154p 0 -I 2.
~ . Ci.~~~Ckrx
.!.ZOO -E3m Avenue
% CkclsGad, CEI 9200C *. . .>
REIMBURSEMENT AGREEI\IENT FOR PIJBLIC - IMPROVE I--_ ______I__________
THIS AGIICEMENT is made by the City of Carlsbad
corporation, hcreinaftcr referred tu as "City," and DAON
*CORPORATION, hereinafter referred to as "Property Owner."
RECITALS
I_--- -
WHEXEAS, Property Owner has applied to City €OK a Tentative
Tract Mzp CT 82-15 and a Condominium Permit CP-212 for a 40
%ot/430 unit project (Project) t and
WHEREAS, it was found that the project was not suitable for
developmnt in its present covdjtion, but that it would be suit-
able for 3evelopinerit if certain public ixprovements were con-
str11cte2, in particular the north half of Alga Road from
Ali-canto Road to El Camino Real (Road); and
IWXREAS, ilcxoiution Eo. 7039 conditionally approving the
project in Condition No, 47 required the P.~-operty Owner to
conslruc'r the Road prior to final map approval; and
WHEREAS, Cj ty has determined that thr? public interest
requires the construction of the Road in advance of the time-
table for the development contemplated by Property Owner; and
of the project desires to enter into this agreement whereby City
would construct the Xoad while securing that the City would be
reimbursed for the cost of said construction by Prcpertl? Owrter,
City liaviny determined it to be in the public interest to accept
this reimbursement agreement as full compliance wj th Property
Owner's ob1iga':ions under Condition No. 47 of Fzeso3 ution
No. 703czp
WHEREAS, Property Owner( in consideration of the approval
NO%, THEREFORE, IT IS AGREED between the parties hereto as
iu3.lows:
.- Section 31: Upon execution of this agreement or within a
reasonable "imc thereaftcr, Property Owner sliall conve)' to City
e I .- e 1,
* .-.
< Tree of all liens and encumberances the right oi way necessary to
-1 construct the -. Road in conformance with plans provided pursuant to
Section 3 of this agreement within the right-of-way as shown on
Exhibit A attached hereto and made a part hereof.
Property Owner agrees to advance to City the stm of Thirty-Five
Thousand Dollars ($35,000) to be used towards payment of the Road
construction costs.
Section 3:
.a
Section 2: Upon execution of this agreement by both parties,
Within 60 days of the date of execution of this
agreement, Property Owner, in lieu of constructing the Road as
required by Condition No. 47 before recordation of the final map
of the Project is granted, agrees to provide plans and specifi-
cations for the Road construction approved by the City Engineer.
Said plans and specifications shall be provided vithout cost or
expense to City. ..
to City, and as soon thereafter as practicable, City shall- com-
mence construction and diligently pursue to completion the basic
Road improvements to maintain safety standards in accordance
with said plans and specifications. The means for and inanner of
said construction shall be at the sole discretion of City. Daon
shail construct the ultimate Road improvements in accordafice with
*said plans and specifications as a condition of approval or'
future tentative subdivision maps for developpent in La Costa
Northwest.
Section 4: After the plans and specifications are provided
Section 5: Property Owner, in lieu of constructing the
Road as required by Condition No. 47 of Resolution No. 7039
before recordation of the final xap of the Project and in return
for the construction of the Road by City, agrees to reimburse
//
//
//
//
//
/I
//
-2-
0 1'. lag8 0 . I> 1 3s , _. .
-1 -. - *;
City for the total construction costs of the Road as hereinafter
provided.
construction, the City Council of City shall determine the total
costs to be paid by Property Owner based on the final amount
City paid to the Road construction contractor, plus the costs of
kontract inspection and administration, plus simple interest at
an annual rate of ten percent (10%) from the date of completion
and acceptance by City until the money is repaid by Property
Owner.
accounting of the total Road construction costs setting forth
the amounts paid for materials and labor, which audit shall be
approved by the City Manager.
Property Owner at the time of completion and acceptance of the
Road construction. Property Owner shall reimburse City for the
total Road construction costs plus inspection and administration
fees and accrued interest minus the sum of Thirty-Five Thousand
Dollars ($35,000), said amount having been advanced to City pur-
suant to Section 2 of this agreement.
Section 6: Property Owner shzll pay the full amount
required .by Section 5 of this agreemsnt witnin.30 days of the
tentative subdivision map (as that term is used in Section 6642f
of the California Government Code) for all or any part of the
area north of Alga Road and east of El Camino Real known as La
Costa Northwest as shown on the map marked ExhibitB attached
hereto and made a pazt hereof. The p2:ymenk ~)~s\vis.ion of this
section shall not apply to parcel nap approvals.
City agrees that execution OE this agr'eement
At the time of completion and acceptance of the Road
City shall provide Property Owner with an audited
Said audit shall be given to
'date the City Council of City officially approves the first
Section 7:
shall constitute full satisfaction of Property Owner's obliga-
tion to City under Condition No. 47 of Resolution No. 7039
approving Tentative Tract Map CT82-15.
_^_- Section 8: This agreement and the covenants contained
herein shall run with the land shown on Exhibit "B" and he
binding upon ,and inure to the benefit oE the successors, heirs,
assigns, and transferees of City ar.d Property Owner.
b .- 4R d ..
’ I. - . Section - 9: In e cvent of any legal acti n or proceeding
Srought by either paqty against the other to enforce or inter-
pret any provision of this agreement, the prevailing party shall
be entitled to recover the fees of its attorneys plus court costs
as well as all fees and costs associated with an appeal
until final determination.
.. -+ -.
Dated: -
DRON CORPORATION
L
X resident, L
(Property Owner)
I CITY OF CARLSBAD, a Municipal
Corporation of the State of
s California
BY %. d.L
f ATTEST:
. City Clerk
c I APPROVED AS L
VINCENT F.- City Attorney
%
, -4-
I 9 1545
STATE OF CALIFORNIA Orange )ss.
COUNN OF --i Z 0n-_-L~-~~2-9483 t- 5
.I? _- __-
___, before me, the undersigned, a Notary Public in and for
said State, personally appearedPMi ch ae 1--gd&?&&--__._-____ __.__..___.____ and
_, personally known to me (or proved to me on the 2 W.A.Colton, I11
- .> c
LE
basis of satisfactory evidence io be e persons who executed the within instrument as
.Preside?,! !Lard and-;-_ Sr. v P ___. =&&ry, on behalf of-____- __- ._ 22 Vice
.- c 22 ----@.&----,
-0 ' g \'he corporation iherein named, and acknowledged to me that
0 (r) suchsoiporationexvocutedfhewithin instrumentpursuantZoils Qz .f- 3
-1 c
1 ~1
iu
by-laws or a resolution of its board of direc'tos.
WIThESS my hand and official seal.
.-- . m 'D
m Signatur ______~..~~~I_.__.____ __~.~__~_~.~_~__ (This area for official notarial seal)
.o N 0 ':::p.7 &,, G.& * k. fM..iGq
Marcia A. Brown
*vaw . .. . , . 1- ,-
.,
\/.
\
‘c
\ -s,
c
5 .c
< z CI
f: 0
(
\
\
‘2
..
‘c
\
7
,
iI fI f1
-- 5-- -. -___ -
K Ab; Z ti3 AG L!A
b ! ED f 0 N SA
I
V/CLW/T‘a“ /!/f!!/ WiP 823
Am +flC.qy& - -_._ I--. - _____ ---1
I
-1 -- I
1188 i l
I e 1 I I
e I
ht i 8 I
E6
I I
i
-IT- ----c=--wa - -*&- I”r‘c~
PARCEL Mdp
-_____
’>
LTV*LI/R\T R
-_.- - G?&. y13.-c .. &'Hkl $.EC3r\DCG ;L,~II L TO:
city .cj:crk -.
* -*:.
3443 ;I..
.I I). e.,< - . *_ c - . . . . , . . .
I'
ClTY OF CARLSBAD
P200 Elm Avenue
Carlsbad CA 92008
COND 1TI CNAL CERTI F I CATE OF CO
(Section 66499.35 of the Government Code)
The City Engineer has determined that the real property described below has no
divided in compliance with the Subdivision Map Act and with the provisions of
-* Municipal Code pursuant thereto. It has further been deteriained that the prop
brought into coinpiiance with the State Map Act and fheCatlsbad Municipal Code
the conditions as stated below are coinplied with to the satisfaction of the Ci
OLINER(~): DAON CORPORATION
Description: (See Exhibit "A" attached) - - iJOTE: The description tn Exhibit ''A" attached h25 been provided by the owne
property and neither the City of Carlsbad nor anydof its officers or
assume responsibi iity for the accuracy of said description.
This Certificate of Compliance shalt have RO force and effect if the above ow
subsequent transferee or assignee acquires any contiguous property other than
lots shown on a recorded scbdivision map, parcel map or record of survey nap 4
pursuant to and prior to thP repeal (Stats. 1955, Ch. 1593) of Section 11575 c
Business and professions Code.
This Certificate of Compliance shall in no way affect the requiremnts of any
County, State OT Federal agency that regulates developnsnt of real property.
This Certificate of Compliance shall be subject to the following conditions:
-
.-
1. The fot covered by this Certificate of CoizFliance shall be properly subd
in accordance with the California State Map Act and any applicable ordin;
of the Carlsbad i4unicipal Code prior tc development of the lot- (The lot. Exhibit "A" must be properly rr.erged onto one lot.)
2. Tax Code Boundaries must be adjusted.so that the paice1 described in Mib
3. School Diestrict Romdaries may be adjusted to satisfy Carlsbad Ihified Scl
(attached) is located i\lthin a single tax code.area.
District and San Pfarcos Lbified School District. . - -
Date: January 6, 1953 ,_ By : - dq ui? dd City Engiriccr
CITY OF CARLSBAB 213-030-11/215-020-18
215-031-01/215-4SD-0~,0~
Case NO: 290 215-021-05/215-033-03,35,06
Current kS5eSSOr'S Parcel !.IO. :215-050-0S/215-352-O5
L i 3 - Cisu - Ob ,O//Lls-dbi -03,~~
Address: p-0. nos 1710, CCstn pk53, CLI. 92626 -- --- ____
".. . ^,
RB BY LEGAL DLSCRIPTIOh FOR.
CHK'O.
DATE
3446-10 feet, South OO42'22" West 1328-40 feet, South O"43'26" Wed
ir; the office of the County Recorder of said County, of said State,
said point zlso being or! the arc of a non-tangent 949-00 foot radius
>OB WO. LEGAL DLSCRIPTIOU FOR: ar .- RE
CHX'D. . .- CERTIFICATE OF COMPLIANCE 73k9
DATE
7/7382 -
17.00 feet (North 0°45'02" East record); thence, along the Nor*:h boundary line of said Map No, 5781 and the Northerly boundary li
of La Costa Valley Unit h'o, 1 as shown on Map No, 5434 on file i
the office of the County Recorder of said County, of said Stater
North 89"16'25" Nest 870-16 feet ( Xorth 89"14 '58" West record) I
the most Easterly corner of an easenent for public street PurFDs
described in Document No, 78-552335 recorded Dec- 26, 3.978 offic
Records; thence, along the Northerly line of said easement North
the Westerly boundary line of said pzrcel 3, the following course: South 89"27'42" East 239-95 feet, North 27"21'24" East 1319-81 fec
North 8"08'59" East 136.31 feet to a point on the arc of a non-tal
1845-00 foot radius curve concave Westerly, and the Easterly righ-
of way of said Road Survey, a radial to said point bears SouCh* 71
- 1-
.. , *
YtCiNrrr PJ
-yoac*LE
RANCHO AGUA EM NO. .118B
. HEDIDNDA
. . LDT A
--
-.. . .
-------
. '_. . .. .
-- . -A&
I
_I * w
1200 ELM AVENUE TELEPHO
CARLSBAD, CALIFORNIA 92008 (71 4) 438-E
Office of the City Clerk
July 27, 1983
Vera L. Lyle
County Recorder
P.O. Box 1750
San Diego, CA 92112
Enclosed for recordation is the-following described
document: -
Reimbursement Agreement for Public
Improvements between the City of
Carlsbad and Daon Corporation
Our staff has determined that the recordation of this agreement is of benefit to the City; therefore, it is requested that the fees be waived.
Thank you for your assistance in this matter.
'.&-& yp&dk5
K d EN R, KCTNDTZ
Deputl7 City Clerk
Enc .
*