The URL can be used to link to this page

Home My WebLink About1983-06-21; City Council; Resolution 7261RESOLUTION NO. 7261 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSRAD, CALIFORNIA APPROVING A REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF CARLSBAD AND DAON CORPORATION FOR THE ALGA ROAD WIDENING PROJECT. WHEREAS, the City of Carlsbad and Daon Corporation have . agreed to the terms of the reimbursement agreement for the Alga Road widening NOW THEREFORE BE IT RESOLVED by the City Council of the City of Carlsbad, California as follows: 1. That certain reimbursement agreement between the City of Carlsbad and Daon Corporation for the construction of the Alga Road widening, a copy of which is attached hereto marked Exhibit A and made a part hereof, is hereby approved. 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 City Council of the City of Carlsbad,California, held on the , 1983 by the following vote, June 21st day of to wit: AYES: Council Mas Casler, Lewis, Kulchin, Chick and Prescott ABSENT : IJone MARY H .L/CASLER, Mayor ATTEST : 1* . .- I .. .- <e e REI!4BUIISEMENT AGREEMENT FOR PUBLIC IMPROVEMENTS --- --- -- THIS AGREEMENT is made by the City of Car'lsbad, a municipal corpration, hereinafter referred to as "City," and DAON 'CQliPOIiRT~ON, hereinafter referred to as "Property Owner. I' z RECITALS WIiEREAS, Property Owner has applied to City for a Tentative Tract Mzp CY2 82-15 and a Condominium Permit CP-Zl.2 for a 40 ht/490 unit project (Project) ; 2nd MHE-WhS, it was found that the project was not suitaSle for developKent in its present condition, but that it would be suit- able 4or development if certain public improvements were con- structe6, in particular the north half of Alga Road from Alicante Road to El Camino Real (Road!; and -N.HEREAS, itesolution Eo. 7039 conditionally approving the Project in Csndikion No..47 required the Property Owner to -csngkruct .the Road prior to final nap apprsvel; and - RliElifSAS, City has determined that the public iiiterest requires the construction of the Road in advance of the time- table for the development contemplated by Property Owner; and + WHEREAS, Property Owner, in consideration of the approval of the Treajezllt dcsires to enter into this agreement whereby City would esnstruet the Road while securing that the City would be rel>anbuused for the cost oE said construction by Property Owner, City having dckcrmined it to be in the public interest to accept this reimbursement agreement as full compliance with Property ebisner's sbligatio'k under Condition NO. 47 6f Resolution No. 703?, * N?&$* TE~ERX?OR.E, IT IS AGIIEED between the paities hereto as Eolfows : . ---- Seetior3 1: ~pon execution of this agreement or within a reasnna13l.c kjmc thcrcartcr, Property Owner shall coravey to City .. 3 .. 0 0 free of all liens and encumberances the right of: way necessary to 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 pa1-t hereof. Upon execution of this agreement by both parties, Property Owner agreks to advance to City the sum of Thirty-Five Thousand Dollars ($35,000) to be used towards payment of the Road construction costs. Section 3: 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 speciii- cations for the Road construction approved by the City Engineer. Said plans and specifications shall be provided without cost or expense to City. - Sectjon 4: After the plans and specifications are provided 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 naiiner of said construction shall be at the sole discretion of City. Daon shail construct the ultimate Road improvements in accordacce with said plans and specifications as a condition of approval of future tentative subdivision maps for development in La Costa Section 2: . .. .. Nortliwes t . - 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 map of the Project and in return for the construction of the Road by City, agrees to reimburse . . .. -2- .. . , I, ._ '. .. .. .* ' -. - *% 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 kcontract inspection and administration, plus simple interest at an. annual rate of ten percent (lO%j' 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 iudit 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- At the time of completion and acceptance of the Road City shall provide Property Owner with an audited Said audit shall be given to suant to Section 2 of this agreement, I Section 6: Property Owner shall pay the full amount required .by Section 5 of this agreement within.30 days of the tehtative subdivision map (as that term is used in Section 66426 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 part hereof, The payment provision of this section shall not apply to parcel map approvals, City agrees that execution of this aggeement shall constitute 22~1.1 satisfaction of Property Ownei's obliya- tion. to City under Condition No. 47 of Resolution No. 7039 approving Tentative Tract Map CT82-15. *date the City Council of City officially approves the first . Section 7: - -- Section 8: This agreement ana the covenants contained herein shall run with the land shown on Exhibit "B" and be assigns, and transferees of City and Property Owner. ' binding upon and inure to the benefit 05 the successors, heirs, . .' brought by either party against the other to enforce or inter- pret any provision of this agreement, the prevailing party shall be entitled to recovcr the fees of its attorneys plus court costs as well. as all. fees and costs associated with an appeal *. -4 -. until final determination. Dated : &L. 4 .. ATTEST: n DAON CORPOIUTION President, Land Development (Property Owner) CITY OF CARLSBAD, a Municipal Corporation of the State of California ,d .- City Clerk *J APPROVED AS TO FORM: A .- . 6 -4- .. , +, ". +. . .. .. -. . . .e .- .. . .. ! ! 7