HomeMy WebLinkAbout1990-04-03; City Council; Resolution 90-88e 0
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RESOLUTION NO. 90-88
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A PROJECT
MANAGEMENT AND ASSESSMENT DISTRICT REIMBURSEMENT
AGREEMENT WITH FIELDSTONEILA COSTA ASSOCIATES.
WHEREAS, the City Council of the City of Carlsbad has determined it to
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public interest for Consultant services to be utilized for coordinating the procc
development plans submitted by FieldstoneILa Costa Associates; and
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provide funds for construction of public facilities within portions of properties to be d
by FieldstoneILa Costa Associates; and
WHEREAS, Fieldstone/La Costa Associates have negotiated an acceptable a1
for project management and assessment district reimbursements;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of '
California, as follows:
1. That the above recitations are true and correct.
2. That an agreement between the City of Carlsbad and Fieldstone11
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Associates for project management and assessment district reimbursement, a copy
is attached (Exhibit 2) and made a part hereof, is hereby approved. I 20
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3. That the Mayor of the City of Carlsbad is hereby authorized and direc
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execute said agreement for and on behalf of the City of Carlsbad.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad Cit
held on the 3rd day of April , 1990 by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and
NOES: None
ABSENT: None
ATTEST:
(SEAL)
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CONSULTANT PROJECT MANAGEMENT AND
ASSESSWENT DISTRICT REIMBURSEMENT AGREEMENT
This AGREEMENT is made and entered into this da day o
, 1990, by and between the CITY OF CARLSBAD, /
Public Agency of the State of California (hereinafter referred t
as "City'), and the FIELDSTONE/LA COSTA ASSOCIATES, a Limite
Partnership (hereinafter referred to as llFieldstonefl).
A. Fieldstone is the owner of certain unimproved rea
property located within Local Facilities Management Zones 11 an
12 of the City of Carlsbad (lFPropertylv). Fieldstone is in th
process of procuring certain discretionary approvals for th
subdivision and development of the Zone 12 property and wil
thereafter initiate a similar process for the Zone 11 property.
B. The Property is currently proposed to be included withi
the boundaries of special Assessment and Financing Districts fo
the construction of certain public facilities including but no
specifically limited to Rancho Santa Fe Road and Olivenhain Road
The subdivision process described in paragraph A and th
public facilities contemplated in this paragraph B shall b
collectively referred to as the I*Projects.l*
C. City and Fieldstone deem it in their mutual bes
interests to coordinate environmental study, engineering, surveyin
and related services for the Projects due to their scope and th
length of time contemplated to complete them. In addition
Fieldstone agrees to advance funds for said services subject t
reimbursement of a portion as herein agreed upon a successfu
confirmation of taxes or assessments and sale of bonds.
In consideration of the foregoing, City and Fieldstone agre
as follows:
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1. Consultant Proiect Management and Coordination Services
City has entered into an agreement with Helming Engineerir
and Douglas L. Helming for the consulting services of Helmin?
Consistent with the intent of the Agreement, City agrees to defir
the scope of work under the Helming Agreement as follows:
Project management and coordination services will be providc
by Douglas L. Helming Engineering, and shall include but not 1
limited to the following:
a. GENERAL RESPONSIBILITIES
(1) Liaison between City staff, consultants, propert
owners, and other governmental agencies.
(2) Maintenance and monitoring of project schedules.
(3) Coordination of consultant activities and scope c
services on all aspects of the project.
(4) Coordination of plan check activities.
(5) Actively pursu'ing projects to completion.
(6) Regularly reporting progress to City Engineer.
b. ZONE 11 AND ZONE 12 PUBLIC IMPROVEMENT PROJECTS
(1) Olivenhain Road
(a) Interim 4-lane Facility
1) Coordinate and pursue feasibility repor
process.
2) Coordinate final engineering desig
document process.
(b) Ultimate Facility
1) Coordinate and pursue route adoptic
report process.
2) Coordinate final engineering desiq
document process.
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(2) Rancho Santa Fe Road
(a) Coordinate and pursue route adoption repor
process.
(b) Coordinateengineeringdesigndocumentprocess
(3) Calle Barcelona
(a) Coordinate final engineering design documer
process if the facility is included within a
assessment district.
(4) Assessment District formation coordination or othe
public financing program coordination for all or ar
of the project listed above.
c. PRIVATE DEVELOPMENT PROJECTS
(1) Arroyo La Costa (Zone 12)
(a) Coordinate final engineering design documer
process including design of Calle Barcelona i
not included within an assessment district.
(2) La Costa Southeast I1 and I11
(a) Coordinate tentative map process in th
Engineering Department.
(b) Coordination with Planning Departmen
processing of Specific Plans, Master Plans
Zone Plan Amendments, etc.
(c) Coordinate final engineering design documen
process.
Helming shall be paid on a hourly basis in conformance wit
the most current billing schedule, however, Fieldstone shall b
provided thirty (30) days notice of any change in projec
management.
2. Additional Services Subiect of this Aareement
so long as Fieldstone continues to advance costs as provide
in this Agreement, City shall retain such professional services a
are necessary to accomplish right of way appraisals an
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acquisitions, related legal services, including bond counsel, i
connection with any assessment or bond financing of publi
facilities on the Property, assessment engineering, an
environmental studies. Fieldstone shall also advance funds t
cover the costs of City administrative time.
Detail of scope of work and terms and conditions of th
contracts for the above services shall be as defined in separat
agreements for consultant services between the City and variou
consultants.
3. Obliaations of Fieldstone
a. Fieldstone agrees to advance all funds necessary for Cit
to pay for the services defined in paragraphs 1 and 2. Thi
Agreement contemplates estimated lump sum payments being made b
Fieldstone semi-annually upon City's written request i:
anticipation of regular monthly statements being received by Cit
from its consultants. All funds paid by Fieldstone shall bl
deposited to an interest-bearing account and interest earned shal
be credited to Fieldstone pursuant to a letter agreement betwee:
City and Fieldstone dated November 6, 1989, a copy of which i,
attached hereto and incorporated herein by reference.
b. Fieldstone shall timely and adequately respond to City'
requests for information and material necessary to process tht
Projects subject of this Agreement in order to assist City in thc
expeditious processing of these Projects.
4. Reimbursement and Seuregation of Accounts for Futurc
Reimbursement.
City and Fieldstone intend and agree that a portion of thc
money paid by Fieldstone under this Agreement is subject tc
reimbursement or credit upon the sale of bonds under futurc
assessment districts. City accordingly agrees to keep record:
which itemize the expenditures so that items subject tc
reimbursement will be clearly identified. Fieldstone also agree:
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to itemize its separate expenses for the same purpose. It i
understood and agreed that all costs eligible for reimbursemen
shall be approved by the City Engineer.
Upon completion of the proceedings and a successful sale c
bonds, Fieldstone shall have the option of having the approve
reimbursement items refunded in cash or be applied as a credit t
assessments or a combination of both.
If proceedings to establish special assessment districts ar
abandoned and no bonds are sold, then no reimbursements or credit
shall be due Fieldstone, excepting only any funds then held by th
city in excess of those needed for final payment of consultin
services and/or administrative time. Notwithstanding th
foregoing, if abandoned assessment district proceedings are re
established, bonds are sold, and work to establish the district i
utilized which was paid under this Agreement, then th
reimbursement provisions of this Agreement shall apply.
5. Ownershix, of Plans
All plans, specifications and other preliminary documentatio
as prepared for public facilities construction shall become th
property of the City, regardless as to whether any assessmen
districts are actually formed or confirmed.
6. Termination of Aureement
This Agreement may be terminated by either party upon thirt
(30) days written notice, or in the event Fieldstone fails t
deposit requested funds within thirty (30) days of demand.
7. City's Riaht of Abandon Assessment District Proceedinus
This Agreement does not in any way create an obligation o
vesting that the City will decide to proceed with a specia
Assessment District, and the City expressly reserves the right t
abandon the proceedings at any time prior to the conclusion of th
public hearing.
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IN WITNESS WHEREOF, the parties have executed this Agreemen
on the day and year first above written.
FIELDSTONE/LA COSTA ASSOCIATES
LIMITED PARTNERSHIP, a California
Limited Partnership
BY: THE FIELDSTONE COMPANY, a
California Corporation,
Its Gen ral Partner
BY 3 ;/ /,f fi& BrnblJk ATTEST :
BY
ALETHA L. RAUTENKRANZ,
City Clerk
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City of Carlsbad ’f . ,. %
November 6, 1989
FieldstonelLa Costa Associates
Carfsbad, CA 92009
Attn: Ruth Besecker
RE: TRUST FUgD ACCOUNT FOR CONSULTANT SERVICES
Dear Ruth:
A trust fund account has been established by the City’s Finance Department which will be used to deposit and make payments from funds received from
Fieldstone/ La Costa Associates for engineering services related to Fieldstone/
La Costa Associate development plans. Funds in the account will earn interest at a rate equal to the average rate of interest earned by the City of Carlsbad investment portfolio.
The City will retain one percent interest on funds in the account to help cove1
administrative costs related to the trust fund account. The remaining interest
will be kept in the account. Once the City Engineer and FieldstonelLa Costa
Associates agree that services are no longer needed on the project, funds
remaining in the account will be available for refund through the City’s reques
for refund procedure.
Please sign below if the above arrangement is acceptable to your firm and
return this letter to my attention at your earliest convenience.
P.O. BOX 9000-266
Sincerely,
7dLLJ”J-
FRANK BOENSCH
Sr. Management Analyst
FB : plg L eldstone/La Costa Associates
2075 Las Palmas Drive - Carlsbad, California 92009-4859 - (619) 438-1 161