HomeMy WebLinkAboutCarlsbad Ranch Co LP; 1998-03-27;,.
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Drive
Carlsbad, CA 92008
(Space Above this Line for Recorder's Use)
AGREEMENT FOR REIMBURSEMENT OF COSTS FOR THE CONSTRUCTION
OF IMPROVEMENTS FOR HIDDEN VALLEY ROAD
)II This Agreement is made and entered into as of the 27 day of t'??&Z# , 1998, by
and between CITY OF CARLSBAD, a municipal corporation (hereinafter referred to as "CITY"),
and CARLSBAD RANCH COMPANY, L.P., a California limited partnership (hereinafter referred
to as " DEVELOPER " ) :
RECITALS
A. A condition of DEVELOPER'S final map CT 94-09 (Map No. 13408) requires
construction of street improvements for Hidden Valley Road,
B. DEVELOPER has previously dedicated to CITY a right-of-way for the
construction of Hidden Valley Road as shown on final map CT 94-09 (Map No. 13408)
("Street Right-of-way").
C. CITY owns land abutting Hidden Valley Road which is described in Exhibit A
attached hereto and referred to as the "City Property." CITY intends to develop the City
Property as a golf course.
D. CITY will benefit from DEVELOPER'S installation of the street improvements for
Hidden Valley Road.
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E. CITY has agreed to reimburse DEVELOPER for CITY'S fair share of the
Improvement Costs (as defined in Section 2 below) for the street improvements for Hidden
Valley Road.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, CITY and DEVELOPER hereby agree as follows:
1 . Construction of Street Improvements. Provided all necessary dedications,
easements and licenses required to construct the Street Improvements (as defined in
Section 1 -1 below) have been obtained by DEVELOPER, DEVELOPER shall construct the Street
Improvements in accordance with this Section 1.
1.1 Street Improvements. The "Street Improvements" mean full width
improvements for Hidden Valley Road from Palomar Airport Road to the northerly terminus of
Hidden Valley Road, including grading, drainage facilities, wet utilities (water, sewer and
reclaimed water) and other utilities, pavement, and "frontage" improvements (curb, gutter and
sidewalk improvements, associated subgrade preparations, street lighting and landscaping)
located immediately adjacent to the paved street. Typical sections of the Street
Improvements are depicted on Exhibit B attached hereto.
1.2 Preparation of Plans. DEVELOPER has funded the cost of preparation of
plans and specifications for the Street Improvements by Nolte & Associates (as to the grading
plans) and Hunsaker & Associates (as to the improvement plans) (referred to together as
simply the "Engineers"). Any material amendments to the plans and specifications prepared
by the Engineers shall be subject to approval by CITY. Such plans and specifications, as
approved by CITY, as they may be amended, are referred to herein as the "Plans."
DEVELOPER and CITY shall cooperate fully with the Engineers to provide any additional
information which may be required to complete the Plans. An estimate for the cost of
SD\1117882-9
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constructing the Street Improvements in accordance with the Plans is contained in Exhibit C
attached hereto.
1.3 Permits and Bonds. DEVELOPER shall process and obtain all permits and
approvals of CITY and any other governmental authorities required to construct the Street
Improvements in accordance with the Plans.
1.4 Compliance With Laws. DEVELOPER shall comply with all permits issued
in connection with the work and all other governmental laws, ordinances, rules, regulations
and requirements (collectively, "Laws") in connection with all work on the Street
Rig h t-of - Way.
1.5 License to Enter and Perform DEVELOPER Work. CITY hereby grants to
DEVELOPER or any other governmental agency or public or private utility, subject to the terms
and conditions set forth herein, all licenses to enter the City Property and all temporary
construction easements or slope easements over the City Property which are reasonably
required to construct the Street Improvements. CITY shall execute all additional documents
reasonably required by DEVELOPER to evidence the grant of any such license or temporary
easement, within fifteen (1 5) days after receipt of a request by DEVELOPER. Each license or
temporary easement granted pursuant to this Section 1.5 shall be limited to only that portion
of the City Property which is reasonably required to serve the purposes of such license or
easement.
2. Reimbursement of Citv's Share of Improvement Costs. CITY shall reimburse
DEVELOPER for the Improvement Costs representing (a) any portion of the Street
Improvements in excess of one-half (K) width plus twelve (1 2) feet and (b) CITY'S portion of
the Improvement Costs attributable to wet utilities (water, sewer and reclaimed water) as
described in Exhibit C attached hereto (collectively, the "City's Share"). As used herein,
"Improvement Costs" means any and all costs incurred by DEVELOPER in constructing the
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Street Improvements, including fees and costs of processing and issuance of governmental
permits and approvals, design and preparation of the Plans, insurance and bonding costs,
actual construction costs, construction management costs and maintenance costs.
2.1 Estimate of lmwovement Costs. As of the date of this Agreement, the
estimated Improvement Costs are Two Million Twenty-Eight Thousand Four Hundred Fifty-Four
Dollars ($2,028,4541, and the estimated amount of the City's Share of the Improvement Costs
(i.e., the estimated amount to be reimbursed by CITY to DEVELOPER) is Nine Hundred Forty-
One Thousand Nine Hundred Thirty-Seven Dollars ($941,9371, all as is more particularly
described in Exhibit C attached hereto. The reimbursement by CITY to DEVELOPER shall be
based upon the actual Improvement Costs with the City's Share determined based upon the
CITY's proportionate share as reflected in Exhibit C of the actual Improvement Costs.
2.2 Reimbursement. Within sixty (60) days after the Completion of the
Street Improvements DEVELOPER shall prepare a final accounting of Improvement Costs and
deliver to CITY a copy of the final accounting. The final accounting shall be deemed complete
when DEVELOPER has delivered to CITY copies of invoices, lien releases and cancelled checks
relating to the construction of the Street Improvements (the "Final Accounting"). CITY shall
reimburse DEVELOPER for the City's Share of the Improvement Costs as set forth in the Final
Accounting (as defined below) no later than sixty (60) days after CITY's receipt of the Final
Accounting. CITY acknowledges that the Final Accounting is intended to provide CITY with
the invoices, lien releases and cancelled checks reasonably necessary to confirm the accuracy
of the City's Share of the actual Improvement Costs of the Street Improvements.
CITY shall have thirty (30) calendar days after its receipt of the Final
Accounting to dispute any cost reflected in the Final Accounting. If CITY desires to dispute
any such costs, CITY shall do so in writing by providing to DEVELOPER a specific description
of its basis for disputing such costs. CITY shall timely reimburse DEVELOPER for any of the
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costs which are not disputed, and CITY and DEVELOPER shall attempt to resolve any disputed
costs items within thirty (30) calendar days after the CITY initially disputes such costs.
DEVELOPER has installed an undercrossing as part of the Street
Improvements in order to provide future ingress and egress for pedestrian and vehicular access
for golf course purposes so that CITY's golf course located east of Hidden Valley Road will
be accessible to the golf course located on DEVELOPER'S property located west of Hidden
Valley Road and vice versa. CITY contemplates that certain modifications to the
undercrossing (i.e., changes to the east opening of the undercrossing) are needed to
accommodate the design of CITY's golf course (the "Undercrossing Modifications"). If CITY
timely satisfies all of its reimbursement obligations under this Agreement, CITY shall be
entitled to withhold at the time of CITY's final reimbursement to DEVELOPER the amount of
Eighty-Four Thousand Dollars ($84,000) from the City's Share for the purpose of paying for
the cost of constructing the Undercrossing Modifications. If the Undercrossing Modifications
cost less than Eighty-Four Thousand Dollars ($84,000) or are not initiated by CITY within
three (3) years after the date of CITY's final reimbursement to DEVELOPER, then any unused
funds shall be released to DEVELOPER.
2.3 Completion. "Completion" means the date when both of the following
conditions have been satisfied:
(a) Delivery of a notice of completion by DEVELOPER to CITY, and
(b) Acceptance by CITY of the Street Improvements.
DEVELOPER and CITY shall cooperate to obtain acceptance of the Street Improvements by
CITY and release of all bonds posted with CITY. The Street Improvements shall be deemed
accepted by CITY when they are open for vehicular use. Immediately upon Completion, CITY
shall maintain the Street Improvements, assume responsibility for all maintenance of and
liability relating to the Street Improvements (excluding DEVELOPER'S warranty for
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workmanship and responsibility for completing "punch list" items) and perform all slope
maintenance and erosion control measures required by CITY and any other governmental
agency.
3. Notices. All notices, requests and other deliveries hereunder shall be in writing
and either personally delivered or sent by certified mail, postage prepaid, return receipt
requested, addressed to the party to be notified at the address specified herein:
If to DEVELOPER: Carlsbad Ranch Company
Attention: General Partner
c/o Carltas Company
5600 Avenida Encinas, Suite 100
Carlsbad, California 92008
with a copy to: Mr. David C. Meyer
Carltas Development Company
5600 Avenida Encinas, Suite 100
Carlsbad, California 92008
If to CITY: City of Carlsbad
Attention: John J. Cahill
1200 Carlsbad Village Drive
Carlsbad, California 92008
Any such notice shall be deemed received on the date of personal delivery to the party (or
such party's authorized representative) or three (3) business days after deposit in the U.S.
mail, as the case may be. Any party may change its address for notice purposes by sending
a notice to the other party in the manner described above.
4. General Provisions.
4.1 Governinq Law. This Agreement shall be governed, interpreted,
constructed and enforced in accordance with the laws of the State of California.
4.2 Successors. The burdens and obligations of the parties under this
Agreement shall be binding upon, and the rights and benefits of this Agreement shall inure to
the successors-in-interest of the parties hereto.
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4.3 Amendment. This Agreement may be amended or terminated by a
written instrument executed and acknowledged by each party.
4.4 Approvals. All approvals and consents requested or required pursuant
to this Agreement shall not be unreasonably withheld and shall be deemed given if the party
to approve or consent to the same does not deliver its written disapproval (indicating in
reasonable detail the grounds therefor) to the requesting party within the time period specified
for giving such approval, or, if no specific time deadline is specified, within thirty (30) days
after receipt of a written request for approvakonsent by the party requested to provide the
same.
4.5 Time. Time is of the essence of each provision of this Agreement.
Developer:
CARLSBAD RANCH COMPANY, L.P., a California
limited partnership
By: Carltas Company, a California limited
partnership, its General Partner
By: Carltas Management, a California
Citv: Y
APPROVED AS TO FORM ATTEST: AND CONTENT:
Aletha L. Rautenkranz, City Clerk
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STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On /??ARC# 27 , 1998, before me, the undersigned Notary Public, personally appeared
CHRISTOPHER C. CALKINSxpersonally known to me W-kwW
to be the person# whose name# ish subscribed to the within
instrument, and acknowledged to me that he/-sk#w+ executed the same in his-
authorized capacity(ief), and that by his- ' signature# on the instrument the person#,
or the entity upon behalf of which the person# acted, executeqhe instrums
(S E A L)
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On , 1998, before me, the undersigned Notary Public, personally appeared
0 personally known to me or 0 proved to
me on the basis of satisfactory evidence to be the person(s) whose name(s) idare subscribed
to the within instrument, and acknowledged to me that helshelthey executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s1,
WITNESS my
or the entity upon behalf of which the person(s) acted, executed the instrument.
hand and official seal.
Notary Public's Signature
(S E A L)
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LIST OF EXHIBITS
A
B
C
Legal Description of City's Property
Typical Sections of the Street Improvements
Estimated Costs of Street .Improvements and City's Share
SD\1117882-9
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EXHIBIT A
Leaal Description of City's ProDerty
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF
SAN DIEGO, CITY OF CARLSBAD, AND IS DESCRIBED AS FOLLOWS:
That certain land located (i) north of and abutting Palomar Airport Road, (ii) east of and
abutting Hidden Valley Road, (iii) south of the future extension of Cannon Road and (iv) west
of College Boulevard, all as is more particularly depicted in Exhibit A-1 attached hereto.
APN: 21 2-041 -1 2 through 37, inclusive
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C 2
L
EXHIBIT A-1 TO AGREEMENT FOR REIMBURSEMENT OF
/
EXHIBIT B
Typical Sections of the Street Improvements
SD\1117882-9
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EXHIBIT "B"
TvDical Sections of the Street Imwovements
rc F R/W 6 2'
L I,\
34' 28' 1
L
I 14' 20' 20' 8' I I 1 IH
5.5'
W
*
PCC SIDEWAU
. T. 1. = 7.0' TYPICAL SECTION
HIDDEN VALLEY ROAD
(LOOKING NORM)
N'LY TERMINUS TO STA.44+33.94
N.T.S.
PCC SIDEWALK
4' A.C./6' A.B.(MIN)
6' WE 'G' CURB & GUmR
TYPICAL SECTION
HIDDEN VALLEY ROAD
(LOOKING NORTH) N.T.S.
STA.49+18.11 TO PALOMAR AIRPORT ROAD
NOTE: REFER TO PLAN MEW FOR TRANSI'TIONS FROM STA.44+33.94 TO STA.49+18.11 AND AROUND CULaE-SAC
c
EXHIBIT C
Estimated Costs of Street Improvements and City's Share
SD\l 1 1 7082-9
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EXHIBIT "C"
Estimated Cost of Street Improvements and City Share
HIDDEN VALLEY ROAD
Gndirg tp*r#ta)
Remedial
Cut & Fill
112 Haul
Compaction
Fine pade
Brow Ditches
25,443 54% 22,057 46% 47,500 $
9,615 54% 8,335 46% 17,950 S
17,884 54% 15,504 46% 33.388 S
17,884 54% 15,504 46% 33,388 $
114,332 54% 99,118 46% 213,450 6
201 54% 174 46% 375 f
~~~ ~~ ~
~~ ~~ ~
~ ~
~
~ ~~ ~
I$
Water I 54% 0 46% I$
0 46% I$ Clear & Grub I 54%
Totals
St
2,254 49% 2,341 51% 4,595 $ 6" type G curb & gutter
13,485 54% 11,509 46% 24,994 $ 4" conc sidewalk
521 87% 75 13% 596 $ 7 112" conc commercial dnveway
I 50% 2s Pedesman ramp
94,311 72% 36,893 28% 131,204 $ Subgrade preparation
2,254 ~ 49% 2,341 51% 4,595 $ Cut curb grade / backfill curb
Sidewalk grading 13,485 54% 11,509 46% 24,994 $
4" A C pavement 2,187 74% 767 26% 2,954 $
8' CL I1 AB Matenal 4,769 72% 1,866 28% 6,635 $
~~
I 54% 0 46%
~~ ~ ~
Mobilization
~~
~ ~ p~
~~-
~~ ~~
~ ~~ ~
~~
I 50%
~ ~~~ ~
~~ ~~ ~~ ~
~ ~ ~~ ~ ~~~~ ~
~ ~
Street light 5 56% 4 44% 9$
Street light pull box 5 56% 4 44% 9s
Survey monument 3 5 50% 35 50% 7s
Guard post 0 5 ~~ 50% 0 5 p50°/o I$
Continuous hamcade
Totals
D
16" PVC water 1,124 50% 1,124 50% 2.248 6
12" PVC water 22 50% 22 50% 44 $
16" butterfly valve 4 50% 4 50% 86
12" gate valve I 50% I 50% 16
52 6
~ p~
26 50%
~~
26 50%
~~
F H assembly
2" blow off assembly
2" ar release
16" connection
8' PVC water stub
Totals
Domestic
16" butterfly valve 0 0% 5 100% 5s
2" air release 0 0% 5 100% 5$
16" connection 0 0% I 100% I$
Totals
16" PVC water 0 0% 2,270 100% 2,270 $
~~
~~
Reelrimcd SB~&rn4)
~~~
12" PVC water
12" PVC water (in existing street)
6" PVC water stub
12" COM to existing
12"gate valve
~p ~ ~
~ -
11405 50% 11405 50% 2,281 S
225 50% 45 s 225 50%
0 5 50% Is 05 50%
1% 05 50% 0 5 50%
45 50% 45 50% 9%
~p ~~ ~~
~~~ ~ ~ ~~ ~~
_____ ~ ~ ~~~~ ~
~~ ~~
2" air release 3.5 50% 3.5 50% 7s
2"blow-off assembly 05 50% 05 50% 1%
825 $
~~
Pavement remove /replace 4125 50% 4125 50%
~~
Totals
086 CY $
084 CY $
015 CY 0
018 CY $
006 SF $
750 LF $
8,52550 LS $
7,69400 LS $
- 7.36000 LS $
S
21,881 $
8,076 $
2,683 $
3,219 $
6,860 $
1,506 $
4,567 $
4,121 $
3942 $
56,855 $
18,969 $
7,002 $
2,326 $
2,791 $
5,947 $
3,959 $
3,573 $
3,418 $
49,290 S
1,306 $
40.850
15,078
5,008
6,010
12,807
2,813
8,526
7,694
7,360
106,145
465 LF $10,481 $10,886 $21,367
I I5 SF $15,508 $13,235 $28 743
230 SF $1,198 $173 $1,371
35000 EA $350 $350 $700
012 ~ SF ~ $11,317 $4,427 $15,744
-~ -
- 100 SF ~ $2,254 $2,341 $4,595
015 SF $2,023 $1,726 $3,749
1120 TN $53,413 $20,899 $74,312
27 10 TN $59,268 $20,786 $80,053
2,20000 EA $1 1,000 $8.800 $19,800
5200 EA $260 $208 $468
40000 EA $1,400 $1,400 $2,800
25000 EA $125 $125 $250
3000 ~ LF $780 $780 $1,560
$169,317 $86,136 S255.513
~~
3800 LF
2400 LF
4,421 00 EA
1,14300 EA
2,24000 EA
1,47400 EA
1,91800 EA
4,00000 EA
3,45000 EA
-
- ~~ ~
~
$ 42,712 $
$ 528 $
$ 17,684 $
$ 572 $
$ 8.960 $
$ 1.474 $
$ 7,672 $
$ 2,000 s
$ 3450 $
S 85,052 S
42,712 6
528 $
17,684 $
572 $
8,960 $
1,474 $
7,672 $
2,000 $
3,450 $
85,052 $
85,424
1,056
35,368
1,143
17,920
2,948
15,344
4,000
6,900
170.303
- $ 86,260 $ 86.260
4,421 00 EA $ - $ 22.105 $ 22,105
-$ 9,590 $ 9,590 1,91800 EA $
4,00000 EA $ -$ 4,000 $ 4,000
S - S 121,955 S 121,955
3800 LF S
2600 LF
9500 LF
2,025 00 EA
3,50000 EA
1,14300 EA
1,91800 EA
1,47400 EA
800 SF
~~
~~
$ 29,653 $ 29,653 $ 59,306
~~~ $ 2,138 $ 2,138 I 4,275
$ 1,013 $ 1,013 $ 2,025
6 1,750 6 1,750 $ 3,500
6 5,144 $ 5,144 $ 10,287
6 6,713 $ 6,713 S 13,426
~
s 737 $ 137 $ 1,473
$ 3,300 S 3,300 $ 6,600
S 50,447 S 50,447 S 100,893
Prepared by Kahr Associates Page I of 2 Hvrsurn 3/26/98
EXHIBIT "C"
Estimated Cost of Street Improvements and City Share
Access hole 45 50% 45 50% 9 $ 1,90000 EA S 8,550 $ 8.550 $ 17,100
Drop access hole 05 50% 05 50% I $ 2,80000 EA $ 1.400 $ 1,400 $ 2,800
8" PVC sewer 11165 50% 11165 50% 2,233 S 1600 LF S 17.864 $ 17,864 $ 35.728
8" PVC sewer (in existing street) 69 50% 69 50% 138 S 5500 LF $ 3,795 $ 3,795 $ 7,590
8" PVC sewer stub 05 50% 05 50% 1 6 80000 EA $ 400 $ 400 $ 800
Video inspection of sewer
Totals
1208 ~~ 50% ~ 1208 50% 2,416 $ 100 ~ LF $ 1,208 $ 1,208 $ 2,416
S 33,217 S 33,217 S 66,434
S
182 2 93% 128 66% 195 $ 1850 LF $ 3,370 $ 238 $3,608 Local depression
Curb outlet ~ 09 ~ 93% 01 66% I $ 1.50000 EA $ 1,401 $ 99 $1,500
1504 93% 106 66% 161 $ 3000 LF $ 318 $4,830 4,512 $ 18" RCP (1350-0)
24" RCP (1350) 9192 93% 648 66% 984 6 3600 LF S 33,090 $ 2,334 $35,424
~~ ~ ~~ ~~ ~ ~~~
~~ ~
30" RCP (1350-0)
36" RCP (1350-0)
24" RCP (1350-O)(WT.l)
30"RCP (135O-O)(WTJ)
8' Type B- I curb inlet
15' Type B-l curb inlet
17' Type B-l curb inlet
Modified wing type headwall
Type A4 SD cleanout
~~
14 9 93%
421 3 93%
I8 7 93%
374 93%
0 9 93%
2 8 93%
19 93%
09 93%
~
~~ ~
~
~~ ~ ~ ~~~
~~ ~~
6.5 93% ~
I I 66% 16 6
29 7 6 6% 451 $
I3 66% 20 $
26 66% 40 S
01 66% IS
02 66% 3s
2s 0 I 66%
IS 0 I 6 6%
0 5 66% 7%
~~
~
~~ ~~
~ ~~ ~
~~
~
~ ~~
~~ ~
4400 LF S 658
5200 LF $ 21,907
4800 ~ LF $ 897
5600 LF $ 2,092
2,90000 ~ EA S 2,709
3,30000 EA S 9,248
3,60000 EA 6 6,726
1,80000 EA S 1,681
2,20000 EA 6 14,385
~~ ~
~~
S 46
$ 1,545
$ 63
s 148
f 191
$ 652
s 474
$ 119
S 1,015
$704
$23,452
$960
$2,240
$2,900
$9,900
$7,200
$1,800
$15,400
Concrete lug 09 93% 0 1 66% I S 60000 LF $ 560 S 40 $600
Brick & mortar plug
Totals
37 93% 03 66% ~ 4 $ 50000 EA $ 1,868 $ 132 $2,000
S 105,103 S 7,414 SI 12.51 8
Lump Sum ftannr 53.56% 46.44%
Mobilization I S ~~ 9,00000 LS ~ 6 4,821 $ 4,179 S 9,000
Water ~ ~~ ~ I S ~~ 5,00000 LS ~ $ 2,678 $ 2,322 S 5,000
Clear & Grub ~~ ~~ I S 42,30000 ~ LS $ 22,657 6 19,643 $ 42,300
Traffic control ~~ ~~ I S ~~ 11,00000 LS ~ $ 5,892 $ 5,108 S I 1,000
Handle underground spoils ~~ ~~ I S ~ 6,50000 ~ LS $ 3,482 $ 3,018 S 6,500
Landscape & irrigation I S 174,98100 LS $ 93,726 $ 81,255 $ 174,981
Signs & striping
Traffic signal modification
I S 7,440.00 LS $ 3.985 E 3,455 s 7,440
I $ 16,50000 LS $ 8,838 $ 7,662 S 16,500
I S 110,50000 LS $ 59,188 $ 51,312 S 110,500
I $ 198,71800 LS S 106,441 $ 92,277 S 198,718
S 311,709 S 270,230 S 581,939
Construction Total S 811,759 $ 703,740 S 1,515,499
53.56% 46.44%
~~ ~ ~~ $ 15,517s 13,453s 28,970
~~ $ ~ 22,148 $ 19,201 $ 4 1,349 ~~~~ ~
General conditions
Fee/Insurance
Totals
Incidenral Costs
Engineering
Soils Engineering
~~ ~
Field engineenng (surveying) ~ ~ $ 9,877 $ 8,563 $ 18,440
Archaeological $ 3,214 S 2,786 f 6,000
Paleontological 6 2,339 $ 2,027 I 4,366
Field representative $ 18,747 6 16,253 S 35,000
Utility Design $ 4,606 S 3,994 $ 8,600
Bonds (I 2%) ~~ s 4,574 $ 3,966 $ 8,540
City Bonds ~ ~ ~ S 11,427 S 9,907 $ 21,334
~~ ~~ ~~ ~ ~~~ S 40,588 $ 35,187 75,774 96 Job oversight (5%)
Incidental Total S 133,038 S 115,335 $ 248,374
Project Contingency (15%) S 141.720 S 122,861 S 264,581
Project Totals S 1,086,517 S 941,937 5 2,028,454
Hvrsum 3/26/98 Prepared by Kahr Associates Page 2 of 2
From: Sherri Howard
To: Michele Masterson
Date: 8/27/01 8:25AM
Subject:
I spoke with Chris Calkins from Carltas. John Cahill prepared the agreement and Carltas has been
reimbursed. Everything is complete.
>>> Michele Masterson 08/24/01 05:07PM >>> Sherri,
Re: Fwd: Need Info Re Hidden Valley Rd. Reimbursement -
Is is something that you processed with Carltas while working on Carlsbad Ranch/Legoland?
Michele
cc: Karen Kundtz
From: Karen Kundtz
To: Michele Masterson
Subject:
Michele/Helga, Hope one of you can help, or point us in the right direction. In June, 1998, the Council
approved an agreement with Carltas Co. for construction of improvements for Hidden Valley Rd. We need to find out if the city has already reimbursed Carltas for the costs. (The original agreement was not
recorded, if the costs have not been reimbursed, we will probably need to record the document now.) Any help is greatly appreciated! Karen
Need Info Re Hidden Valley Rd. Reimbursement
cc: Helga Stover; Lorraine Wood; Ron Ball
June 23,1998
TO: City Clerk
FROM: City Attorney
CARLSBAD RANCH - HIDDEN VALLEY ROAD REIMBURSEMENT AGREEMENT
CITY COUNCIL MEETING OF TUESDAY, JUNE 16,1998 -AGENDA ITEM N0.6
Attached to this memorandum, please find the original letter of June 15, I998 from my
office which has been executed by Carltas Company agreeing to a contemporaneous
interpretation of the phrase “are not initiated by City within three years after the date of
City’s final reimbursement” to mean that the funds under the agreement will be released
to the developer only if the undercrossing modifications are not initiated by the City
within three years after the date of City’s final reimbursement to developer through no
fault of the City or arising from conditions within the City’s control.
Please make this part of the Council’s action in your file of the approval of this contract.
Ward* I appreciate your cooperation and courtesy
RONALD R. BALL
City Attorney
rm h
attachment
c: City Manager (with attachment)
Deputy City Attorney
RONALD R. BALL
CITY ATTORNEY
D. RICHARD RUDOLF
ASSISTANT CITY ATTORNEY
JANE MOBALDI
DEPUTY CITY AlTORNEY
CITY OF CARLSBAD
1200 CARLSBAD VILLAGE DRIVE
CARLSBAD, CALIFORNIA 92008-1 989
(760) 434-2891
FAX: (760) 434-8367
June 15,1998
Joseph A. Delaney, Esq.
Gray Cary Ware Freidenrich, L.L.P.
401 B Street, Suite 1700
San Diego, California 921 01 -4297
RE: CARLSBAD RANCH/HIDDEN VALLEY ROAD
Dear Mr. Delaney:
Approval of the reimbursement agreement for construction of Hidden Valley Road is on
the City Council's agenda for tomorrow evening. In briefing the agreement with
members of the City Council, they expressed concern over the language on page five
obligating the City to release the $84,000 withheld from Carlsbad Ranch Company for
the Undercrossing Modifications, if such modifications "are not initiated by City within
three-years after the date of City's final reimbursement". The City may be unable to
initiate such modifications within three years through no fault of its own, for instance if
the City is unable to obtain the requisite permits from environmental agencies prior to
commencing the golf course project.
Therefore, the City would like this letter to reflect the understanding of Carlsbad Ranch
Company, that the intent of the agreement is to entitle Developer to release of any
unused funds only if the Undercrossing Modifications are not initiated by the City within
three years after the date of City's final reimbursement to Developer through no fault of
the City or conditions within the City's control. If at any time hereafter the golf course
project is abandoned for any reason, the City will immediately release to Developer the
withheld funds.
If this clarification meets with your client's approval, please have the acknowledgment
line below executed and return this letter to me for inclusion with the contract for
approval.
Very truly yours,
L/ JANE MOBALDI
Deputy City Attorney
ACKNOWLEDGED AND FCEPTED.
CARLSBAD RANCH COMPANY, L.P. a
California limited partnership
By: Carltas Company, a California limited
partnership, its General Partner
afs
By:Carltas Management, a California
corporation, its General Partner