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HomeMy WebLinkAbout1974-05-21; City Council; Resolution 3433EXHIBITS E AND F TO AGENDA BILL 539 SUPP. 2 RESOLUTION NO. 3433 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND OCCIDENTAL LAND,. INC. FOR PARTICIPATION IN THE POINSETTIA LANE GRADE SEPARATION. The City Council of the City of Carlsbad, California does hereby resolve as follows: 1. That that certain agreement between the City of Carlsbad and Occidental Land, Inc. for participation in the Poinsettia Lane Grade Separation, a copy of which is attached hereto marked Exhibit A and incorporated herein by reference, hereby approved. is 2. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute said agreement for and on behalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the Zity Council of the City of Carlsbad, California, held on the 71ct day of M;I~ , 1974, by the following vote, to wit: AYES: Councilmen Frazee, Chase, McComas and Lewis NOES: None ABSENT: None ITTEST : (SEAL) c c 8 . \. . CITY OF CRRLSBAD SUBDIVISION IMPROVEMEMT AGREEI.IENT (A. T.'& 'S. F. RAILROAD OVERCROSSING AT. POINSETTIA LANE) 4 - -. THIS AGREEMENT, maqe and entered-into this . 21 st _. day of May, 1974, by and between OCCIDENTAL LAND, INC., a California corporation, hereinafter refcrked to as "Occidental", and CITY OF CARLSBAD, a municipal corporat-ion of the State - .- of California, hereinafter referred to as "City"; WITNESSETH: WHEREAS, the City and Occidental entered into that certain Agreement dated on or about August 14, 1973 (herein%- after referred to as the "Original Agreement"), on file in the office of the City Clerk and incorporated by reference herein, for A,T.& S.F. Rai'lroad Overcrossing at Poinsettia * Lane; said Agreemenkobligated Occidental to construct a two-lane overcrossing and,approaches thereto over the A,T.& S.F. - Railroad extending from the westerly terminus of Pohsettia Lane westerly to Carlsbad Boulevard, hereinafter referred to as the "Project"; and '. $9: WHEREAS, City did, pursuant to paragraph 5 of said Original Agreement, make application for State of California Grade Separation Funds for said projeCt; and WHEREAS, City was successful in said application for c. State of California Grade Separation 'Fundsl and said funds .are available to City until on or about November 26, 1974; and .) .-. . -,s. .. . ,>p.-. - .I -. J WHEREAS, pursuant to paragraph 4 of Original Agree- ment, City made application pursuant to the California Coastal Zone Conservation Act of 1972 to the San Diego . ... . . 'Coast Regional Commission for a permit to construct the project; however, said application was denied; and WHEREAS, at the time"the parties hereto entered into €/HA&-- //E " c .. ' I . said Original Agreement, the parties did not expect disap-. proval of the project by the San Diego Coast Regional Com- mission and did not provide for that eventuality; and -. WHEREAS, neither City nor Occidental car, predict .. whether subsequent approval can be obtained for said project from the San Diego Coast Regional Commission, either through an approval or an exemption application, .or whe'ther the -- 8 .. . California Coastal Zone Conservation Act of. 1972 wili be superseded upon its expiration with 'another: coastal censer- .. . vation act; arid * WHEREAS, it is necessary to modify :Some provisions 0 of the Original Agreement to take account of the extant cir- cumstances while-insuring the ultimate 'constr.uction of the project at Occidental's expense; and WHEREAS, Occidental has secured tentative map ap- a proval for CT 71-2 covering a portion of the- property subject to ' the Original Agreement , said approval is conditdnea upon the execution of an Agreement for participation by the de- veloper of-CT 71-2 in the construction of the' Project; and -.. WHEREAS, Occidental and Sequoia Pacific Realco have requested final tract map approval on s portion of Map 71-2, . more particularly described as Lots 5'and 6-of .Ten'tative Tract 71-2, also known as CT 71-2, Units Nos: 1 and 2; and 4 WHEREAS City requires through bonding .and cash deposits that'provisions be made by Occidental to assure that funds will be provided for the project prior to final' mag approval; and WHEREAS, the costs of the Project'are estimated to . be $259,000; and WHEREAS, Occidental and City wish to provide a means . to accommodate final map approval of Lots 5 and G of CT 71-2 pending modification of the Original Agrecmcnt to secure the 2. ,..' 'I eventual construction of the Project in satisfaction 'of .. Occidental's obligations under.the Original Agreement; and WHEREAS, it is the intention of City and Occidental to make an Agreement providing for the deposit by Occidental of a prorata share of the cost of said Project based on the 1 portions of CT 71-2 which are to be finalized compared to -- - the total area of Occidental's Master Plan area as shown on -the map marked Exhibit A attached hereto and incorporated by reference herein; NOW,. TIfEREFORE, the parties hereto agree as follows: 1, Occidental's obligation to deposito funds for the Project, pursuant to paragraph G of the Original Agreement, is-delayed pending receipt of Coast Regional Commission approval for the Project. if such approval is received prior to.March 30, 1975, upon receipt of notice thereof, Occidental. shall make the deposit and the parties shall pro- ceed in accord with the balance of the Agreement, \ :~ - 2, Occidental shall use its best efforts to secure- Coast Regional Commission approv a permit or claim of exemption, % .. - . _. . .. . . .. . * 3. Occidental will secure performance of the Original Agreement and this Agreement by furnishing a surety ,bond in the amount of $259,000, period of one year commencing May 21, 1974. Said bond shall run for a Occidental has heretofore furnished City with a $40,000 faithful performance bond in connection with the Original Agreement. Upon the receipt and acceptance City. of said $259,000 bond,'City . shall release and fully exonerate the $40,000 bond previ- ously filed with City. 4- Occidental and City will immediately enter into A,' negotiations in order to reach accord on an amendment to 3. .. the Original Agreement to provide for the construction by Occidental of the Project in light of the facts existing - of the date of this Agreement.. .The parties anticipate that the obligations incurred by Occidental by this Agree- as ment will be credited against their total obligation for the Project in some mutually agreeable manner. 5- .If the modification of the Original Agreement is not accomplished or if Occidental is not.able to secure the necessary permissions for construetion of the Project prior to the &piration of said $259,000 bond, hereinbefore referred to, Occidental hereby agrees prior to, said.expira- :tion to deposit cash with City to allow City to accomplish' the construction at such time in the future that the neces- sary approvals can be obtained, shall be computed as follows: The amount of said deposit A cash deposit computed by t multiplying $259 I 000 by the totai acreage included within .\ 2 the approved final tract map covering Lots 5 and 6 -.. of CT 71-2 divided by 299 acres, 6.O Ci&y shall hold the funds fn trust to be used for construction of the Project and shall deposit or invest said cash funds in interest-bearing obligations or interest- bearing accohnts in an effort to maximize the yield thereon in institutions regularly utilized for investment of City funds, 7. In the event City is unable to obtain within ten years from the date hereof the necessary approvals to construct said Project, then said cash deposits,'together with interest actually earned thereon, shall be refunded to - Occidental, :. ._ -. 8. Should City obtain the necessary approvals to .- :,e> . construct said Pedject, said.funds, ?-. including any interest actually earned thereon, shall be utilized by Cify to pay 4. . ... . the actual construction costs of said Project. 9, This Agreement shall be null'and void and Occi- dental shall have no obligations hereunder should t?ie final tract maps requested by Occidental and Sequoia Pacific Realco on Lots 5 and 6 within Tentative Tract 71-2 not be approved by City prior to July 1, 1974. -* 10. Upon Occidental depositing said cash, City shall release and fully exonerate the above-mentioned $259,000 bond. 11. In the absence of any modification of the 1 Original Agreement City will require OccidentaJ or their successors in interest to make similar deposits in connection with the subdivision of the remaining property shown on . Exhibit A and not within Lots 5 and 6 of CT 71-2. In con- -_ sideration for City8s approval of a portion of CT 71-2 Occidental consents to such condition being imposed on said property, or in the alternative, consents to the formation of .a bridge benefit area to accomplish the construction of *b 2 .. '. . the Project IN WITNESS' WHEREOF, the Farties hereto have caused this Agreement to be executed the day and.year first hereinabove mentioned. _. 1 .. .. . ATTEST : ydm, Adamg, CCity Clerk 5. h . .' r. *L - c I . '+ I. . APPROVED AS TO F0Ilr.I: .. . . . . . . . . . .. 7 Vir-cent: F. Biondo, Jr. City Attorney STATE OF CALIFORNIA ) COUNTY OF ob'^?"/ A? 1 -- ) ss. / On 1- /ZIawj>-c- a Notary public in<Jand i/ /+I 0- r6t%Cl) known to me to be the President, and within instrument, known to me to be the persons who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its bylaws or a resolution of its board of directors. I 1974 before mer the undersigned, . or said State, perso'nally appeared known to me to be Secretary of the corporatlon that executed the ---. <* 1 <t#;f,('; ,.e// L 6 h I/? LA -7 v WITNESS my hand and official seal. c. -_ . OFFICIAL SEAL 8 +L+,::. RONALD D. STE1NBAC.H + <!;$:d? XOTAHY PUBLIC - CALIFORI4IA 0 PRlNClPAL OFFICE IN 4 .' 0, ' w;.<? ORAEGE COUNTY f .. ... .. -..-. . --__ 6.