Item 15 - Acceptance of Construction of Cobblestone Creek Rd. Bridge
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AGENDA - 1PORT SUMMARY
TO: Honorable Mayor and Members of the City Council
Honorable Chairman and Members of the
- Redevelopment Agency
FROM: James L. Bowersox, City Manager, Exec~
Director
INITIATED BY: Mark S. Weston, Director of Engineering service~
Javid Siminou, Associate Civil Engineer \)
DATE: May 4, 1993
SUBJECf: Acceptance of Construction of Cobblestone Creek Road Bridge (5413)
ABSTRACf
Upon final inspection of the project, staff finds the project to be complete and in
accordance with the standard specifications of the contract. It is recommended that
the City Council approve the acceptance of the project, and the Lien Agreements
(Exhibit A) indicating the property owners' share of the project costs.
ENVIRONMENTAL REVIEW
- An environmental review was previously conducted. A Negative Declaration was issued by
the City Council on October 27, 1992. No additional environmental review is necessary.
FISCAL IMPACf
The project was completed within available budget and no additional funds are needed.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
None.
RECOMMENDATION
It is recommended that the Redevelopment Agency/City Council:
1. Formally accept the improvements.
2. Authorize the City Clerk to file and record a Notice of Completion.
3. Authorize the release of the retention for $15,404.94 if unencumbered, 40
days after filing the Notice of Completion.
4. Approve the Lien Agreements indicating the property owners' share of the
project cost.
-, ACfION
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AGENDA REPORT
CITY OF POW A Y
This report is included on the Consent Calendar. There will be no separate discussion of the report prior to approval by the
City Council unless members of the Council. staff or public request it to be removed from the Consent Calendar and
discussed separately. If you wish to have this report pulled for discussion, please fill out a slip indicating the report number
and ~ to the City Clerk prior to thAgninnin~ ~f th)fiity Council :d~ng. b f th C . t c .,
: 0 ora e ayor an em ers 0 e 1 y ounCl
Honorable Chairman and Members of the Redevelopment Agency
FROM: James L. Bowersox, City Manager, Executive Dire~
INITIATED BY: Mark S. Weston, Director of Engineering Service~
Javid Siminou, Associate Civil Engineer \:,::,
DATE: May 4, 1993
SUBJECT: Acceptance of Construction of Cobblestone Creek
Road Bridge (5413)
BACKGROUND
On November 17, 1992, the City Council/Redevelopment Agency awarded the
contract for construction of Cobblestone Creek Road Bridge to H. E. Lobaugh.
The amount of the contract was $143,676.58. The project cost would be shared
by the City (1/3 of project cost) and the participating property owners (2/3
of project cost).
FINDINGS
Due to one change order for $8,528., initiated by and borne 100% by the
property owners; and the changes in the final quantities, the amount of the
contract was increased by $10,372.80 for a total contract amount of
$154,049.38.
Therefore, the total project cost, including design engineering and
construction engineering costs is $177,563.32.
The City's share of the project cost is 1/3 ($177,563.32 - $8,528.00) K
$56,345.10. The property owners' share of the cost is ($177,563.32 -
$56,345.10) = $121,218.22, to be reimbursed through a lien recovered on the
tax assessment.
ENVIRONMENTAL REVIEW
An environmental review was previously conducted. A Negative Declaration was
issued by the City Council on October 27, 1992. No additional environmental
review is necessary.
ACTION:
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Agenda Report - Acceptance of Cobblestone Creek Road Bridge
May 4, 1993
Page 2
FISCAL IMPACf
The project was completed within available budget and no additional funds are
needed.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
None.
RECOMMENDATION
It is recommended that the Redevelopment Agency/City Council:
1. Formally accept the improvements.
2. Authorize the City Clerk to file and record a Notice of
Completion.
3. Authorize the release of the retention for $15,404.94 if
unencumbered, 40 days after filing the Notice of Completion.
4. Approve the Lien Agreements, indicating the property owners' share
of the project cost.
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Attachments:
Exhibit A - Lien Agreements
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:J!CY 4 1993 ITEM 1 ~
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EXHIBIT "A"
RECORDING REQUESTED BY: )
)
CITY OF POWAY )
)
WHEN RECORDED RETURN TO: )
)
CITY CLERK )
CITY OF POWAY )
P. O. BOX 789 )
POWAY CA 92074 )
) (For Recorder's Use Only)
APN
LIEN AGREEMENT FOR PUBLIC IMPROVEMENTS
THIS AGREEMENT entered into by and between the CITY OF POWAY, a municipal cor-
poration of the State of Cal ifornia sometimes hereinafter referred to as "City," and
sometimes hereinafter referred to as "Property Owner."
WHEREAS, Property Owner and City have agreed to the installation of certain
improvements in the right of way of Cobblestone Creek Road in Poway, California;
and
WHEREAS, Property Owner represents that Property Owner is the record owner of
that real property described in Exhibit "An attached hereto: and
WHEREAS, City has loaned to Property Owner monies equal to the share of cost of
said improvements to be paid by Property Owner; and
WHEREAS, Property Owner has agreed to repay said monies lent to Property Owner by
City and to secure said obligation to repay said loan with this Lien Agreement to be
recorded in Property Owner's chain of title: and
WHEREAS, the installation of said public improvements has been determined to be
in the publiC interest: and
WHEREAS, the loan of monies to Property Owner required to install said improve-
ments has been determined to be in the publiC interest.
NOW, THEREFORE, IT IS AGREED between the parties hereto as follows:
Section 1. City shall loan to Property Owner the sum of $7,130.48 which repre-
sents one-seveneenth (1/17) of the total amount of the loan of $121,218.16 in connec-
tion with the installation of a bridge on Cobblestone Creek Road. Property
Owner agrees that the hereinafter described real property does benefit by the
installation of said improvements. Property Owner agrees to repay said loan in
annual installments to be added to the tax bill of that real property hereinafter
described owned by Property Owner. Property Owner agrees to repay said loan in
accordance with the following terms and conditions:
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MA..Y 4 1993 ITEM I5
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Principal Obligation Not to Exceed - $7,130.48
Interest Rate on Unpaid Balance 5% per annum
Number of Annual Equal Payments
of Principal Plus Accrued Interest - 5
(Payable April 15 of each year)
Section 2. As security for the repayment of said loan, Property Owner does
hereby grant to City a lien upon the hereinafter described property in an amount not
to exceed the principal obligation set forth in Section I, plus any and all unpaid
interest which may accumulate in the future upon said sum. Said lien shall be
binding upon the Property Owner and Property Owner's heirs, successors, assigns, exe-
cutors, or other transferees in accordance with the tenns and conditions hereof.
Notwithstanding the agreement of the parties for the repayment of said sum in annual
installments to be added to Property Owner's tax bill, the entire unpaid sum of said
loan shall be immediately due and payable upon the transfer of ownership of said real
property by Property Owner if said real property has been improved with the construc-
tion of a residence thereon.
Section 3. Upon payment in full of the full amount due hereunder, City shall
promptly upon demand of Property Owner release the lien created hereby.
Section 4. Upon demand of Property Owner, if not in default hereunder, City
shall subordinate this lien to loans not exceeding eighty percent (80%) of the fair
market value of the property encumbered hereby.
Section 5. This agreement and the covenants contained herein shall be binding
upon and inure to the benefit of the successors, heirs, assigns, executors, and
other transferees of Property Owner, shall run with said real property, shall create
an equitable servitude upon the real property, and shall survive the foreclosure of
any deed of trust of record as of the date of recordation hereof.
Section 6. The legal description of the real property encumbered by the lien
created hereby is set forth in full on Exhibit "A" attached hereto and by this
reference made a part hereof.
IN WITNESS WHEREOF the parties have executed this agreement this day of
, 1992, at Poway, California. -----
Property Owner:
By:
8y:
(signatures must be notarized)
CITY OF POWAY, a Municipal Corporation
8y:
Oon Higginson, Mayor
ATTEST:
,-
Marjorie K. Wahlsten, City Clerk
"lAY 4 ":l9~ ITEM 1 :;
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