HomeMy WebLinkAbout2002-02-05; City Council; Resolution 2002-0471
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! II RESOLUTION NO. 2002-047
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AMENDMENT NO. 1 TO
REIMBURSEMENT AGREEMENT WITH KELLY LAND COMPANY
FOR THE CONSTRUCTION OF REACH 2 OF CANNON ROAD
WEST FROM FARADAY AVENUE TO EL CAMINO REAL.
WHEREAS, Kelly Land Company, as a condition of approval for Carlsbad Tract 96-07
(Kelly Ranch Village "E) is conditioned to construct Cannon Road from El Camino Real to the
western boundary of Kelly Ranch Village "E"; and
i
WHEREAS, Kelly Land Company, as a condition of approval for Carlsbad Tract 97-16A
'
Kelly Ranch Village "E" to the southerly boundary of CT 97-16A (Faraday Avenue); and 1
(Kelly Ranch "Core") is conditioned to construct Cannon Road from the southerly boundary of
WHEREAS, the portion of the improvements previously completed between El Camino
Real and Frost Street (within Kelly Ranch Village "E) are defined as Phase I; and
WHEREAS, the portion of the improvements incomplete between Frost Street and
Faraday Avenue are defined as Phase II; and
WHEREAS, Kelly Land Company intends to complete Phase II within one year from the
time construction is initiated; and
WHEREAS, construction will begin after Kelly Land Company has received all project
approvals for Kelly Ranch "Core" (CT 97-16A), including recordation of the final map; and
WHEREAS, Kelly Land Company has been diligently pursuing the approvals necessary to
construct Kelly Ranch "Core" subdivision improvements and complete Cannon Road; and
WHEREAS, the Cannon Road West improvements are included within the financing
program for Bridge and Thoroughfare District No. 3; and
WHEREAS, City and Kelly Land Company entered into an agreement for the
reimbursement of the current and future Cannon Road improvements required to serve the needs
of the Kelly Ranch development together with the additional improvements along the northern half
of Cannon Road on December 15,1998; and
WHEREAS, said agreement required in Provision 4(g) that Kelly Land Company complete
all project improvements no later than three (3) years from the effective date of this agreement;
and
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WHEREAS, the Bridge and Thoroughfare District No. 3 states that the City Council may
se the funds collected by the district to reimburse developers for the construction of work
icluded within the cost estimate upon which the district fees were based; and
WHEREAS, Kelly Land Company has prepared an amendment to the agreement to
!fiend the time to complete improvements by one year and three months to March 15, 2003; and
WHEREAS, the City Council of the City of Carlsbad, California has reviewed the need to
,fiend the time period for Kelly Land Company to construct Cannon Road West improvements
lnd receive reimbursement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
:alifornia, as follows:
1. That the above recitations are true and correct.
2. That amendment no. 1 to the reimbursement agreement by and between
Lelly Land Company and the City, is hereby approved and the Mayor is authorized to sign said
lgreement on behalf of the City.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
leld on the 2 day of FEBRUARY ,2002 by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Nygaard, Hall
NOES: None
%7 %md
mRAINE M. qOOD, City Clerk J (SEAL)
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City Clerk
City of Carlsbad
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
THIS SPACE ABOVE FOR RECORDERS USE
AMENDMENT NO. 1
TO
AGREEMENT FOR REIMBURSEMENT OF COSTS
FOR THE CONSTRUCTION OF CANNON ROAD FROM
EL CAMINO REAL TO THE WESTERN BOUNDARY OF KELLY
RANCH INCLUDING MODIFICATIONS TO THE INTERSECTION
OF EL CAMINO REAL AND CANNON ROAD
This Amendment No. 1 to Agreement for Reimbursement of Costs for the
Construction of Cannon Road from El Camino Real to the Western Boundary of Kelly
Ranch Including Modifications to the Intersection of El Camino Real and Cannon Road
(this "Amendment"), is entered into as of P&~U~L\/ 8- , 2002 by and between
the City of Carlsbad, a Municipal corporation ("City"),'and Kelly Land Company, a
Delaware corporation ("Kelly"), with reference to the following recitals:
RECITALS
A. City and Kelly entered into that certain Agreement for
Reimbursement of Costs for the Construction of Cannon Road from El Camino Real to
the Western Boundary of Kelly (the "Reimbursement Agreement") dated December 15,
1998 and recorded as document number 1999-0015247 in the Official Records of the San
Diego County Recorder's Office. ,411 capitalized terms used in this Amendment and not
otherwise defined shall have the meanings assigned to them in the Reimbursement
Agreement.
B. Due to delays in required entitlement approvals for the development
of the Kelly Ranch Project, City and Kelly mutually desire to amend the Reimbursement
Agreement to extend the date by M,hich Kelly shall complete all Project Cannon Road
Improvements.
WORD-SDiDAP\51200812.2
NOW THEREFORE, in consideration of these recitals and other good and
valuable consideration, the receipt of which is hereby acknowledged, City and Kelly
hereby agree to the above recitals and as follows:
1. The date by which Kelly shall complete all Project Cannon Road
Improvements as set forth in Section 4(g) of the Reimbursement Agreement is hereby
extended until March 15,2003.
2. Except as specifically set forth herein, the Reimbursement
Agreement remains unmodified and in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment
to be executed as of the day and year first above written.
KELLY: CITY:
KELLY LAND COMPANY,
a Delaware corporation
By:
CLAUDE A. LEWIS, MAYOR * [Piint name and title]
By: APPROVED AS TO FORM:
RONALD R. BALL, CITY ATTORNEY
[Print name and'thle]
a-/7/a-~=7~
(Proper notarial acknowledgement of execution of Kelly must be attached. Chairman,
president or vice-president and secretary, assistant secretary, CFO or assistant manager
must sign for corporations. Otherwise, the corporation must attach a resolution certified
by the secretary or assistant secretary under corporate seal empowering the officer(s)
signing to bind the corporation.)
THE STATE OF CALIFORNIA
COUNTY OF SAN DIEGO §
On the &day in the year 2002, before me, the
proved to me on the basis or
satisfactory evidence to be the person whose name is subscribed to the within instrument
and acknowledged to me that he& executed the same in hisk capacity, and that by
hisk signature on the instrument, the person, or the entity upon behalf of which the
person acted, executed the instrument.
U Notary Public
THE STATE OF CALIFORNIA
COUNTY OF SAN DIEGO § §
On thekg'day of ** in the year 2002, before me, the
undersigned, a Notary Pu in and o said state, personally appeared
satisfactory evidence to be the person whose name is subscribed to the within instrument
and acknowledged to me that he/& executed the same in hisk capacity, and that by
hisk signature on the instrumenl, the person, or the entity upon behalf of which the
person acted, executed the instrument.
A. mmry ,- proved to me on the basis or
-"J&&-vvJ
Notary Public
THE STATE OF CALIFORNIA
COUNTY OF SAN DIEGO §
On the __ day of in the year 2002, before me, the
undersigned, a Notary Public in and for said state, personally appeared , personally known to me or proved to me on the basis or
satisfactory evidence to be the person whose name is subscribed to the within instrument
and acknowledged to me that he/she executed the same in hisher capacity, and that by
hisher signature on the instrument, the person, or the entity upon behalf of which the
person acted, executed the instrument.
Notary Public