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HomeMy WebLinkAbout1985-10-15; City Council; Resolution 82211 2 3 4 5 6 7 E 5 1C 11 1; t 0 It 1$ 2( 2: 2; 2: 21 2: 21 2' 2, RESOLUTION NO. 8221 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A CONSTRUCTION REIMBURSEMENT AND PARK GRADING AGREEMENT BETWEEN THE CITY AND PACIFIC SCENE IN THE LAKE CALAVERA HILLS MASTER PLAN. The City Council of the City of Carlsbad, California, does hereby resolve as follows: 1. That certain construction reimbursement agreement between the City of Carlsbad and Pacific Scene, Inc. construction of certain streets and the grading of a park site the Lake Calavera Hills Master Plan, marked Exhibit A and made part hereof, is hereby approved. for the 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 i a the City Council of the City of Carlsbad, California, held on th 15th day of October , 1985 by the following vote, to wit: AYES: Council Menbers Casler, Lewis, Kulchin, Chick and Pettine NOES: None ABSENT: None ATTEST : &/A ALETHA L. RAUTENKRANZ, City C$rk AGREEMENT BETWEEN CITY OF CARLSBAD A MUNICIPAL CORPORATION AND TREETOPS UNLIMITED THIS AGREEMENT, hereinafter referred to as the "Agreement", is made and entered into this day of , 1985, by and between the City of Carlsbad, a municipal corporation and Treetops Unlimited, a joint venture, hereinafter referred to as "City" and "Treetops ,I1 respectively. RECITALS WHEREAS, the City and Treetops desire to provide for the construction of certain streets and the grading of a park site in the Lake Calavera Hills Master Plan Area in order to allow development to proceed in an orderly and mutually advantageous way in that area; Therefore, the parties agree as follows: 1. Treetops will give the City of Carlsbad the dirt which Treetops presently has stockpiled in Village L-1 for use in con'junction with the City's grading of the Lake Calavera Hills park site. It is presently contemplated that the City will require approximately 15,000 cubic yards of dirt. The actual amount will be determined by the City providing it will not exceed 20,000 cubic yards. The City will pay Treetops to move the dirt and stockpile it uncompacted on the park site in an amount equal to $1.31 per cubic yard for each cubic yard delivered. Payment shall be made within thirty (30) days 3 following delivery of the dirt. Treetops will coordinate the movement of the dirt and their construction of portions of Harwich, Glasgow and Elm with the City's grading contractor for the park site so that the City's work, removal of the dirt, and construction of the streets can be coordinated in a mutually advantageous way. 2. The City Council has approved Resolution No. revising condition No. 39 of Planning Commission Resolution No. 2224 as adopted by City Council Resolution No. 7457 to permit CT 83-21/PUD-57 to gain secondary access from Harwich Drive and Glasgow rather than Tamarack Avenue and College Avenue for the Treetops subdivision. As a part of that revision Treetops will construct Glasgow Drive half width from its present northerly terminus along the frontage of Village E-2, and through a portion of Village K to Harwich Drive, Elm Avenue half width from its easterly terminus to Glasgow Drive along the frontage of Village E-2, and Harwich half width through Village K to its intersection with Glasgow Drive. The construction of the above referenced portions of Harwich, Glasgow, and Elm Avenue under the Lake Calavera Hills Master Plan are the responsibility of properties owned by parties other than Treetops. In order to assure the orderly development of the property within the Lake Calavera Hills Master Plan Area, Treetops is willing to undertake the construction of those streets in accordance with this Agreement. The City agrees to impose conditions upon subdivision and development of Villages R, E-1 and L-2 requiring that Treetops 2. be reimbursed for its actual costs ( inluding engineering, right of way acquisition, design and permit fees) to construct those streets by the other property owners in the Lake Calavera Master Plan Area as follows: a. Reimbursement of the costs for Glasgow north of Elm and Elm shall be paid to Treetops as a condition and prior to the approval by the City of any tentative or final parcel map, tentative or final subdivision map or the issuance of any other development approval covering any portion of Village K. b. Reimbursement of the costs for Glasgow south of Elm shall be paid to Treetops as a condition and prior to the approval by the City of any tentative or final parcel map, tentative or final subdivision map or the issuance of any other development approval covering any portion of Village E-1. c. Reimbursement of the costs for Harwich located within Village K shall be paid to Treetops as a condition and prior to the approval by the City of any tentative or final parcel map, tentative or final subdivision map or the issuance of any other development approval covering any portion of Village K or Village L-2. 3. Treetops will construct Tamarack Avenue adjacent to Village E-2 and F-1 to bring it to full width and City standards. 4. Treetops has submitted plans to the City for Tamarack, Elm, Glasgow and Harwich, designed to City standards, and will complete any required revisions to those plans by November 15, 1985. Treetops will use its best efforts to obtain the necessary 3. 5 right of way as soon as possible. Within 30 days following the City's approval of those plans, Treetops will commence construction of the above referenced streets and will diligently pursue that construction to completion. If condemnation is necessary Treetops may delay the start of construction until an order of immediate possession is obtained. The constuction will be completed within 120 days following commencement of construction. The time for completion of construction shall be extended for delays caused by inclement weather, strikes, lockouts, unavailability of labor or materials and other factors beyond the control of Treetops. 5. Treetops shall use its best efforts to obtain all right of way easements, consents or permissions necessary or required to construct the streets from the owner(s) of the land upon which the streets are located. The City will use its power of eminent domain to condemn at the expense of Treetops, any necessary right of way which cannot otherwise be obtained by Treetops. 6. It is the City Council's present intention that, except as provided in this Agreement, Treetops shall not be required to make any improvements to Glasgow, Harwich within Village K, or Elm as a condition to the development of Villages 0 and P-1 or L-1. /// /// /// /// 4. TREETOPS UNLIMITED BY: Pacific Scene, Inc. CITY OF CARLSBAD MARY H. CASLER, Mayor APPROVED AS TO FORM VINCENT F. BIONDO, JR., City Attorney 5. 7