HomeMy WebLinkAbout2000-06-06; City Council; Resolution 2000-1702
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, FOR APPROVAL OF AN OVERSIZING
REIMBURSEMENT AGREEMENT WITH CYPRESS VALLEY, LLC, FOR
THE CONSTRUCTION OF SOUTH AGUA HEDIONDA INTERCEPTOR
SEWER REACHES SAHT2B & SAHT2C, CMWD PROJECT NO. 92-406,
PROJECT NO. 35831.
6 WHEREAS, the Cypress Valley, LLC, designed and constructed the South Agua
7 Hedionda Interceptor Sewer Reaches SAHT2B and SAHT2C; and
8 WHEREAS, the Cypress Valley, LLC, has requested the City Council approval of an
9 Oversizing Reimbursement Agreement (attached hereto marked Exhibit “A” and incorporated by
10 this reference) pursuant to Section 66486 of the Government Code for the construction of said
11 improvements within easements; and
12 WHEREAS, by Resolution No. 2000-15, on April 4, 2000 the City Council of the City of
13 Carlsbad approved, but did not execute, an agreement with Cypress setting forth terms and
14 conditions for reimbursement; and
15 WHEREAS, the City desires to rescind Resolution No. 2000-15; and
16 WHEREAS, the City and Cypress desire to rescind the agreement approved on April 4,
17 2000 and replace it, in its entirety, with the attached Oversizing Reimbursement Agreement.
18 WHEREAS, the City Council will reimburse the Cypress Valley, LLC, for the cost of
19 oversizing the sewer pipeline above IO-inch diameter, and the easements and the dewatering
20 permit and monitoring; and
21 WHEREAS, the Planning Director determined that the requested action is in compliance
22 with Mitigated Negative Declaration issued on June 30,1998, under EIA 98-04; and
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WHEREAS, the total cost for the oversizing is $61,082 and adequate funds exist in the
Sewer Benefit Fee program to pay for the oversizing costs contained in the reimbursement
agreement, and were appropriated previously with the 1999/2000 Capital Improvement Program.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
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28 II California, as follows:
J/J
RESOLUTION NO. 2cOc-170
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1. That the above recitations are true and correct.
2. That Resolution No. 2000-15 adopted on April 4, 2000 is hereby rescinded.
3. That the agreement approved by the Carlsbad City Council on April 4, 2000,
entitled “Agreement for Reimbursement of Costs for Construction of Oversized Sewer Lines and
Payment of Other Costs for South Agua Hedionda Interceptor Sewer Reaches (SAHT2B and
SAHT2C) in Conjunction with Calavera Hills Villages Q & T City of Carlsbad Tracts 83-19 and
83-32” is rescinded and shall be replaced, in its entirety, with the attached Oversizing
Reimbursement Agreement.
4. That the Oversizing Reimbursement Agreement by and between the Cypress
Valley, LLC, and the City of Carlsbad is hereby approved and the Mayor is authorized and
directed to sign said agreement on behalf of the City Council.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the 6th day of June ,200O by the following vote, to wit:
ncil Members Hall, Finnila, Nygaard and Kulchin
ATTEST:
(SEAL)
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