HomeMy WebLinkAboutCT 83-36; Terraces At Sunny Creek, The; 2002-0375711; Reimbursement Agreement/ReleaseDOC # 2002-0375711
RECORDING REQUESTED BY
City of Carlsbad
WHEN RECORDED, MAIL TO:
City of Carlsbad
City Clerk
1200 Carlsbad Village Drive Carlsbad, California 92008
Please record the document at no fee as it is to the benefit of the Citv
REIMBURSEMENT AGREEMENT
REGARDING SOUTH AGUA HEDIONDA INTERCEPTOR SEWER
REACHES SAHTIE AND SAHTIF-ENGINEERING COST ONLY
THIS REIMBURSEMENT AGREEMENT (hereinafter the "Agreement") is entered into as
of %- // , 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 19O(B), LFMP 87-
158, 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
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 SAHTIE 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 City.
a) South Aaua Hedionda InterceDtor 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 SAHTIE and
SAHTIF" in the Wilson Report), extending east from the intersection of Rancho Carlsbad Drive,
El Camino Real and through the subdivision boundary.
3
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 I DESCRIPTION I TOTAL COST
1 I South Agua Hedionda Interceptor Reaches SAHTIE
(El Camino Real To The Terraces) 69,865
(The Terraces To Cougar Drive) 17,385
SUBTOTAL
$106,300 TOTAL
7,750 Contingency 4
11,300 Geotechnical Work 3
$87,250
2 South Agua Hedionda Interceptor Reaches SAHTIF
The City will obtain all easements for Reaches SAHTI 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 Terraces 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 Payment
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 SAHTI F by the Deputy City
Engineer, the City's reimbursement payment for said work is due and payable.
3. Terms of Aareement. The term of this Agreement shall commence on the d aooa.
which it is executed by the City and shall terminate on January 1, H.
4. Successors or Assians. 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 1 13
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
6
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 ,2000.
CONTRACTOR
THE TERRACES AT SUNNY CREEK, LLC.,
a California partnership
By: /&/)A (sign here)
(print namehitle)
F CARLSBA
ATTEST:
,I L6RRAINE M. WOOD, City Clerk
..
ArchitectlLicense 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.)
APPRQVED AS TO FORM:
CMWD 92-406 SAHTI E/SAHTl F
7
STATE OF CALIFORNIA 1
COUNTY OF i ss.
On J-sa+o before me,
DATE NAME AND TITLE OF OFFICEV
personally appeared,/A A - J - )P
NAME(S) OPSIGNER(S) Y
gpersonally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in
hislherltheir authorized capacity(ies), and that by hislherltheir 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. w I ATUREO NOTARY
(This area for official notary seal.)
Title or Type of Document
Date of Document No. of Pages
Signer(s) other than named above
06/14/95 Rev.
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF
SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
PARCEL: A
LOTS 1THROUGH 174 OF CARLSBAD TRACT NO. 96-02 (THE mRRACES AT SUNNY CREEK I)
IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
DIEGO COUNTY, OCTOBER 27,2000.
TO MAP THEREOF NO. 14060, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
PARCEL: B
LOT 11 OF CARLSBAD TRACT NO. 83-36 IN THE CITY OF CARLSBAD, COUNTY OR SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 11242, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 23,1985,