HomeMy WebLinkAbout1974-08-06; City Council; Resolution 34771
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RESOLUTION NO. 3477
A RESOLUTION OF THE CITY COUNCIL F THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING
THE MAYOR TO EXECUTE A CONTRACT WITH THE
SAN DIEGO GAS & ELECTRIC COMPANY FOR THE
MAINTENANCE AND OPERATION OF THE CITY STREET LIGHTING SYSTEM
WHEREAS, the City Council has by Resolution No. 3188 ordered
the formation of Lighting Maintenance Districts in the City of
Carlsbad to provide for the maintenance and operation of a street
lighting system in said City; and
WHEREAS, it is necessary for the City to contract for the
energy to power said system and for other necessary items for
operation and maintenance of said systen as described in said
resolution; and
WHEREAS, the San Diego Gas & Electric Company is the sole
and only source available to the City capable of performing
said contracts which are governed as to rates and rules by the
California Public Utilities Commission;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad as follows:
1. That the above recitations are true and correct.
2. That the Mayor is authorized to execute on behalf of
the City a contract with the San Diego Gas & Electric Company
for the operation and maintenance of the City in a form and
with the terms and conditions as set out in Exhibit "A" attached
hereto and incorporated by reference herein.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Carlsbad City Council held on the --- 6th day of .- ltuqust , 1974,
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by the following vote, to wit:
AYES: Councilmen Frazee, Chase, McComas
NOES: None
ABSENT: None
ATTEST:
(seal)
-2-
Lewis and Skotnick-
TRUST AGREEMENT
I. PARTIES
The parties to this Trust Agreement (hereinafter
called "Agreement") are the CITY OF CARLSBAD, a municipal
corporation organized under the laws of the State of Cali-
fornia (hereinafter called "City") , and SEQUOIA PACIFIC
REALCO, a California general partnership comprised of Golden
Empire Investment Corporation and Birren Corporation, both
California corporations (hereinafter called "SPR'') .
11. RECITALS
SPR owns certain real property (hereinafter called
"property") described in Exhibit A attached hereto and incor-
porated herein by this reference. City has approved a final
subdivision map of the property, designated CT 71-2, Unit 1
(hereinafter called "map"), and required as a condition to
approval of the map that SPR deposit with City $68,000.00
(hereinafter called ''funds") to be used for certain street
improvements adjacent to the property that City plans to
construct in the future (hereinafter called "improvements") .
Standard subdivision practice in City would require that SPR
construct the normal subdivision street improvements prior
to final map approval or,in lieu thereof,execute a subdivi-
sion improvement agreement secured by a surety bond provid-
'' ing for their construction at some subsequent time. The
improvements in this case directly relate to a proposed
grade-separated bridge crossing over the A.T.t S.F. Railroad . right-of-way at Poinsettia Lane. Construction of said cross-
ing has been delayed and perhaps precluded by the action of
the San Diego Coast Regional Commission.
accomplish the bridge construction, the improvements, in-
cluding streets and appurteaknces, will become part of the
If City is able to
bridge approaches.
sible, the improvements will be a regular street and appur-
tenances to established City standards for subdivisions.
If the bridge construction is not pos-
City anticipates resolving the matter, making a
final decision on which types of improvements are required
and accomplishing their construction within a ten-year
period. To accommodate this situation SPR agrees to deposit
cash in lieu of constructing the improvements to be used
together with the interest by the City to fund either the
standard street improvements or the street improvements cum
bridge approaches as City shall determine to be appropriate.
On or about May 17, 1974, SPR deposited the funds
with City. City and SPR intend that the funds shall be in
substitution for a certain bond from the Insurance Company
of North America as surety dated April 22, 1974, as bond
number M86-88-26 in the amount of $75,000.00 (hereinafter
called "bond"), which SPR previously deposited with City, and
which should now be returned to SPR for cancellation.
111. USE OF FUNDS
City hereby acknowledges receipt of the funds from
SPR and agrees that the funds are and shall be held by it in
trust for the benefit of City and SPR for a period not to
exceed ten years commencing on May 17, 1974 and expiring on
May 16, 1984, subject to the following terms and conditions:
(a) City shall maintain the funds in an account
which shall be separate from all other funds and accounts
of or held by City, and which shall be deposited and invested
in accord with the laws governing the deposit and maintenance
of the funds of a municipal corporation;
(b) All interest on the funds shall be accumulated
during the term of the trust and deposited and invested in
like manner as the principal;
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(c) During the term of the trust, City is authorized
to withdraw from the funds and accumulated interest suffi-
cient money from time to time to pay the cost of the improve-
ments as set out in the recitals hereto according to estab-
lished procedures for construction of City projects as and
when those costs-are incurred.
(d) Upon completion and final acceptance of the
improvements by City and upon the City Manager’s determina-
tion as to the satisfaction of all outstanding obligations
therefor, that portion, if any, of the funds and accumulated
interest remaining in the trust shall be refunded by City
to SPR, and the trust shall then terminate. In the event the
improvements are not constructed prior to the expiration of
the trust on May 16, 1984, the funds and accumulated interest
shall be refunded by City to SPR.
IV. NO OTHER LIABILITY
SPR has no liability or duties with respect to the
improvements except as expressly provided in this Agreement.
V. ACCOUNTING
City agrees to deliver to SPR from time to time
accounting statements setting forth the interest accumulated
on the funds, the balance remaining in the trust account,
and the withdrawals by City from the trust account, and City
shall deliver to SPR copies of any and all statements rend-
ered by the bank in which the funds are deposited as received
by City. The accounting statements shall be delivered to
SPR no less frequently than every December 31 during the
term of the trust, and at such other times as City shall
determine to be reasonable and just to keep SPR informed of
the current status of the funds.
VI. BOND
City agrees to return the bond to SPR for cancella-
tion concurrently with the,execution of this Agreement.
VII. MISCELLANEOUS PROVISIONS -
A. Attorneys’ Fees
.. .~ '.
In the event legal action is commenced to enforce
or interpret any of the terms or conditions of this Agreement,
the prevailing party shall be entitled to recover from the
losing party reasonable attorneys' fees and costs incurred,
not limited to taxable costs, determined by the court or jury,
in addition to all other relief to which the prevailing party
may be entitled.
B. Successors
This Agreement shall be binding upon and inure to
the benefit of the respective successors and assigns of City
and SPR.
C. Governing Law
This Agreement shall be governed by the laws of the
State of California.
D. Notices
Any and all notices or other communications required
or desired to be given by one party to the other under this
Agreement shall be personally served or given by mailing the
notice or other communication in the United States mails,
postage prepaid, registered or certified to the address given
below or to such other address as a party may give the other
by written notice.
City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008
Attention: City Manager
Sequoia Pacific Realco
1000 South Grand Avenue
Santa Ana, California 92705
Attention: Arthur B. Birtcher
VIII. EXECUTION
nl- This Agreement is executed this 7 day of
Aysr I 1974.
CITY OF ARLSBAD
D BY I/ g&2c&m2
Robert C. Frazee, .Mayor
4.
.~ ATTEST:
City Attorney dk
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SEQUOIA PACIFIC REALCO, a California general partnership
By: Birren Corporation, a ..
/ Chairman of thed
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE 1
On , 1974, before me, the undersigned, a Notary Public in and for said State, personally appeared
Ronald E. Birtcher , known to me to be the Chairman of the Board of the corporation that executed the within
instrument, known to me to be the person 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.
WITNESS my hand and official seal.
Notary Public
..-
STATE OF CALIFORNIA -
Q COUNTY OF Orange i' 5 On this 26th day of July , 197&, before me the undersigned 1- 2 a Notary Public in and for said State personally appeared Ronald E. Birtcher
Birren Corporation
Chairman o$t&?,oard - - 4 bz 2 known to me to be the om P G E known to me to be the Secretary of 6 the corporation that executed the within instrument and known to me to be the persons who executed the withi:
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instrument on behalf of said corporation, said corporation being
known to me to be one of the partners of
e oc - 0 Sequoia Pacific Realco
.
Exhibit A
Name of Sub-Division:.
CT71-2, Unit No. 1; recorded June 6, 1-974
Y*-m
Recorders Map No. 7954
Kame of Sub-Divider:
Sequoia Pacific Realco, a partnership
.. Description of Street Improvements:
Construction of the south half o€ the street known as Poinsettia .
Lane, commencing from the center line of Avenida Encinas at the
east and terminating at the easterly boundary line of the
Atchison, Topeka and Santa Fe Railroad right of way at the west,
which is a part of the following described property:
y;t!at poL-:ion of tk:e Sout;:v:est Q*.:arter of Sectloti 25, and p~:*ti(~~~s OE Lot
3 and &, Section 29; ToxisI.:ip 12 South, RnnSe-4 ::est, 3an Zernardino
?;erj.Jian, in tbe.Cour,ty of Sail Diego, State of Califurnla, described as -
follovs:
Cotmer:cing at t!lc SotitI.lvest corner of said Secticn- 28; t5eace Xorth OO"O2'2O"
\.;est along the Yest line of said Section 28, 681.85 Feet to the Korthvest
corner of the South t!alf of the South Half of the Soltkvest Quarter of said
Section 28; thence South 89'57'53'' East, 185.03 fe2t (record - 185.21) feet
to ti:e Eastetl:: line of the atchison, Topeka end Santa Fe Railvay Right-Of-Yay
200.00 feet wide, and the TWt FOIX' Or' EEC-IX-!:.:Z?:C:; thence lIorth 21'05'32" ldest
of Poinsettia Lane; thence !?orth 76"16'30'' East along said center lige 710.09 fee?:
to a point that is South 76"f6'30" Zest, 245.00 feet froa the Yesttrly Rigtc-of-way
line of the San Diego Freevay; thence South 13"43'30" East 50.37 fee? to a tangent
curve concave Easterly and having a radius OF 600.00 feet; tLence Southerly along
said tangent ccrve and arc distant of 302.48 feet throlrgh o central angle of
28"53'04" to a tailgetit curve concave 1:'esterly and having a radius of 600.00 feet;
thence So!itherl;; along said-curve an arc distance of 238.34 feet thio:tgh a ccotral
anS1b of 22'45'34" to a tarizerit Line; thence So:lth 19'51'00" Last along said . tan2e:it line'355.00 fept to a tangent c!irvF coacave Sorclieasterly and having
a radi:.s of 500.00 feet; t5ence Soctberly and Easterly alo:~~ said curve a2
arc distant of 376.32 fee: (record - 376.33) feel- ttiroi:gi: a central angle of
43'G7'25" (record <3-0i''29':) to a radial line; thence SOCiii 27 '01'31" Kcst along.
the p1-elongation of said radial line 1002.67 fee: (record 1002.4s fcct) to the
2:ortherL;J line of t:le ?o*.ti; 5al.f of sthe So:ith i:alf of Lilt' iorit.I.wes: qi!ar:cr
of said sccliu.1 28;
fee; t.u t!ie ::as:frl, 1it;e uf' t!.e
and &:le TR;!T. :ii:>:'f Oi' %*:i;I'.T:I?:G
. a1or:g said Easterl;: line1982-76 feet (record - 2982.66) feet to tl:e center line
- .- .J.' ..
2, .:!b
tiieqce ;<urtti s') 57'53" ::est along said Xc>rt:ierl** line 153.82
tcl!ison, lopcka arid 3ntit.a !'e zailvay EigitL -of-way
. - --- 2- . =j 1554s