HomeMy WebLinkAbout1999-04-20; City Council; Resolution 99-1360 0
1 RESOLUTION NO. 99-136
2 A RESOLUTION APPROVING THE FIRST AMENDMENT TO
3 AGREEMENT FOR REIMBURSEMENT OF COSTS FOR
AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT 5
CATELLUS RESIDENTIAL GROUP AND APPROVING FIRST
FROM AVlAFL4 PARKWAY TO BLACK RAIL ROAD WITH 4
CONSTRUCTION OF IMPROVEMENTS FOR POINSETTIA LANE
WITH SAMBl SEASIDE HEIGHTS.
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WHEREAS, pursuant to the conditions of approval for Carlsbad Tract 92-02 (“Proje
Sambi Seaside Heights LLC. (“Sambi”) is required to construct a portion of Aviara Parkway 1
the northern boundary of the Project to Poinsettia Lane (“Aviara Parkway Improvements”); an(
WHEREAS, portions of the Aviara Parkway Improvements are included within Bridge
Thoroughfare District #2 (“B&TD #2”) and as such. are eligible for fee credits an
reimbursement from the proceeds of the district in conformance with the provisions of B&TD
and,
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WHEREAS, in satisfaction of said conditions of approval for Project, Sambi prep:
improvement plans for the Aviara Parkway Improvements, which plans were approved by
City, and entered into a Subdivision Improvement Agreement guaranteeing the construction of
Aviara Parkway Improvements; and,
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WHEREAS, upon construction of the Aviara Parkway Improvements, by Sambi
conformance with the City approved improvement plans, City refused to accept the improvemc
due to the existence of a severe dip in the Aviara Parkway Improvements at the intersection
Poinsettia Lane; and,
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WHEREAS, Sambi refused to effect corrections to the Aviara Parkway Improvemc
unless the City agreed to reimburse Sambi for such corrections from the proceeds of B&TC
andlor other funding sources; and,
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25 WHEREAS, City recognizes that the dip in the roadway was exacerbated due to
preexisting condition of the improvements to the Aviara Parkway (formerly Alga Road)
Poinsettia Lane intersection constructed as part of the Alga Road Assessment District; and,
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1 WHEREAS, a second developer, Catellus Residential Group (“Catellus”) is requ
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Aviara Parkway to Black Rail Road; and, 3
pursuant to a condition of approval for Carlsbad Tract 93-09 to extend Poinsettia Lane 1
4 WHEREAS, Catellus has entered into a reimbursement agreement with the City to ot
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accordance with the provisions of B&TD #2; and, 6
reimbursement for a portion of the Poinsettia Lane improvements constructed by Catellu
7 WHEREAS, City has refused to allow Catellus to complete the Poinsettia Lane connec
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to Aviara Parkway until such time as the corrections are made to the Aviara Park
Improvements; and,
10 WHEREAS, Catellus is prepared to complete the corrective work pursuant t
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schedule; and, 13
the corrective work in addition to other minor changes affecting their original reimbursen 12
amendment to their reimbursement agreement guaranteeing early reimbursement for the co:
14 WHEREAS, Sambi is willing to contribute an additional sum of $20,000 to B&TD #2 to I
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offset the cost of the corrective work and is further willing to pay for the cost to revise
improvement plans for the corrective work; and,
17 WHEREAS, City Council has previously allocated funds from the Alga Road Assessn
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District to make corrective improvements to the Poinsettia Lane and Aviara Park1
intersection; and,
20 WHEREAS, City Council has previously allocated sufficient funds from B&TD #2 in
21 amount sufficient to reimburse Catellus for the construction of the corrective work; and,
22 WHEREAS, Sambi, Catellus and the City all desire to enter into appropriate agreemc
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to complete the Aviara Parkway and Poinsettia lane improvements including the corrective v
to the Aviara Parkway and Poinsettia Lane intersection.
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsl
California, as follows:
1. That the above recitations are true and correct.
2. That the Mayor is hereby authorized to enter into the amended agreement
Sambi Seaside Heights, LLC, entitled "First Amendment to Subdivision Improvement Agreen
CT 92-02(0n-site Improvements)".
3. That the Mayor is hereby authorized to enter into the amended agreement
Catellus Residential Group entitled "First Amendment to Agreement for Reimbursement of C'
for Construction of Improvements for Poinsettia Lane From Aviara Parkway to Black Rail Roa,
4. That the Finance Director is directed to allocate $20,000 from the exis
appropriation for the Alga Road Assessment District project to be used to reimburse Cat€
Residential Group for the corrective work done pursuant to the amended reimbursen
agreement.
5. That $100,000 of the existing appropriation from B&TD #2 funds for
improvement of Aviara Parkway from Palomar Airport Road to Cobblestone Road be use1
reimburse Catellus Residential Group for the corrective work done pursuant to the amen
reimbursement agreement.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Cot
held on the 20 thday Of ADr-1 , 1999 by the following vote, to wit:
AYES: Council Members Lewis, Nygaard, Finnila & Hall
ATTEST:
Q.&zL 7Q.RL" ALETHA L. RAUTENKRANZ, City Clerk) (SEAL)