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Home My WebLink AboutCT 81-46; Carlsbad HHG/APM Hotel Venture LP; 1999-0800550; Reimbursement Agreement/Release0 -p["$p * =! rj g--j y=j ==?. ;"% c"; ;-x iJ c" L? A ;g 7 .;f - L? y"J Lj t.; "D -.. ii B :"y ii 1 Q I RECORDING REQUESTED BY: Carlsbad Municipal Water District 5950 El Camino Real Carlsbad, California 92008 WHEN RECORDED, PLEASE MAIL TO: Carlsbad Municipal Water District 5950 El Camino Real P Car!s$sd, Callfm-nia 92808 Please record the document at no fee ' ' as it is to the benefit of the District hi ..4 (Gov. Code [6103].) j) F:'!;. - i.F ≥i; $39 Ls , -jLgigD=> ;zJ z & 8, ..-1815: OFFICIAL @;@DS a:-#: )jltbrj [j!j#g:i' i;;g?j$Ek !S $FFi,J ,-,>,q r,.r,-" r*q"Gst 7 ~'ITL' --' 3 9- aqqRth C~LJL~:/ i II b% iI13 LJJ~~TY RLA FEES ." onoo 199%-0600550 /.$ i I Space above this line for F REIMBURSEMENT AGREEMENT REGARDING CARLSBAD AIRPORT CENTER, LOT 28, CARLSBAD TRACT 81-46, UNIT 2 CMWD PROJECT NO. 98-202 (Agreement No. 1 -Total Cost of Pipeline) This Agreement is entered into on Noveiher 30th , 193, between CARLSBAD N WATER DISTRICT (hereinafter 'IDISTRICT1) and CARLSBAD HHGIAPM UOTEL VENTURE, L.P., a Limited Partnership (hereinafter "DEVELOPER'), with respect to the following: A. DEVELOPER has presented the map identified as CARLSBAD AIRPORT CENTER, CARLSBAD TRACT 81-46, UNIT 2, (the "subdivision") to the City of Carlsbad and obtained final apprl the Subdivision Map Act of the State of California and in compliance with the provisions of the City of ordinances applicable to the filing and approval of subdivision maps. The property encompass subdivision lies within the boundaries of the DISTRICT. B. DEVELOPER and the DISTRICT have entered into the following agreement, which will pro\ construction to Change Connection Configuration From 8-inch Hot Tap to 8-inch Valved Tee tc subdivision: This agreement will hereinafter be referred to as "the Agreement." C. DEVELOPER will construct, as part of the onsite improvements, the following facility: Change Connection Configuration From 8-inch Hot Tap to 8-inch Valved Tee. 3/12/ 0 ldgs These facilities are to be constructed and are shown on Exhibit "A" attached hereto and rr hereof. These facilities have been determined by DISTRICT to be eligible for total reimbursement. NOW, THEREFORE, it2 considcraticr. cf the mutua! obligaticns set forth below, and the con: DEVELOPER of the water system improvements described above, the parties agree as follows: 1. Reimbursement for Construction of: DISTRICT shall reimburse DEVELOPER for the ti construction to Change Connection Configuration From 8-inch Hot Tap to 8-inch Valved Tee. 2. Calculation of Amount to be Reimbursed: DEVELOPER shall determine and furn DISTRICT the estimated cost of constructing Change Connection Configuration From 8-inch Hot inch Valved Tee. DEVELOPER shall also forward to the DISTRICT for review all records and data making the estimate. After completion of all construction of public facilities, DEVELOPER shall furl DISTRICT the actual cost of constructing to Change Connection Configuration From 8-inch Hot Tal Valved Tee, DISTRICT shall make the final determination, reasonably and in good faith, bas information provided by DEVELOPER, as to the actual construction cost which is to be rein DEVELOPER. The total cost of the reimbursement for this work shall not exceed Three Thou: Hundred Dollars ($3900.00). 3. Time of Reimbursement. DISTRICT will make the payment required by provision withir days after its acceptance of the dedication by DEVELOPER of the public water system. 4. Notices. All notices or other communication required or permitted under this Agreeme sent by registered or certified mail, return receipt requested, postage prepaid, addressed as follows: To Developer: To District: MR. KEVIN KEEFER, PRESIDENT ROBERT J. GREANEY, DEPUTY PUBLIC CARLSBAD HHG/APM HOTEL VENTURE, L.P., WORKS DIRECTOR a Delaware Limited Partnership CARLSBAD MUNICIPAL WATER DlSTRlr 4441 WEST AIRPORT FREEWAY 5950 EL CAMINO REAL IRVING, TEXAS 75062 CARLSBAD, CALIFORNIA 92008 3/12/ 0 0 1817 5. Severabilitv of Provisions. The invalidity of illegality of any provision of this Agreeme affect the validity or enforcement of the remainder of this Agreement, If any provision or term hereof is invalid or unenforceable, the rest of the Agreement shall remain in full force and effect as though th unenforceable provision was not a part of the Agreement. 6. Waiver or Amendment. No provision of this Agreement, nor any breach hereof, can unless in writing. Waiver of any one breach of any provision hereof shall not be construed as a wa other breach of the same or any other provision hereof. This Agreement shall be amended or modifiel written agreement signed by the party to be charged with the amendment. 7. Governina Law. This Agreement and any amendments hereto shall be governed by, and enforced in accordance with the laws of the State of California. 8. Construction and Interpretation. This Agreement is one of one agreements between DE and the DISTRICT pertaining to the construction of water system public improvements for the subdi! Agreement contains the entire understanding and agreement of the parties as to the construction of thc water system for the subdivision, and supersede all prior agreements, statements, discussions, repre and understandings pertaining to that water system. 9. Indemnification. Except for the obligation to reimburse developer as stated herein, the E have no other responsibility or liability of any kind whatsoever, and Developer agrees to indemnify Dist claims, lawsuits, demands or liability of any kind resulting from or arising out of the performance of t construction. Ill Ill 111 Ill Ill Ill Ill Ill Ill Ill 3/12/ 0 0 1818 10. Authoritv to Siqn. The individuals who sign this Agreement on behalf of the u padnershb cedi& that they have the authority and approval to do so on behalf of such partnership. .J' ,(i A>/j p 4 "; 4 ~ ..c 3' Executed by DEVELOPER this 9'0- day of ..,? ,~,G y~~/~c~.- '-- 1999. 4 DEVELOPER: DISTRICT: CARLSBAD HHGlAPM HOTEL VENTURE, L.P., CAWLSBAD MUNICIPAL WATER DlSTl a Delaware Limited Partnership By: Huntington / Andrus S.D. Hotel Development, Inc. 34' Y''. i! ?;by -\..", ,A k '.&- 54' "---" - / ''(sigyyere) I/ Kevin M. Keefer, President of General Partners ,' "". ,(print narne/title) / ' ," ,~"~ ,'// ,- ,.." .- /'5" / /,., ' I- 1:- 6.4 4 /:,I "_ c"._ ,, ---.-- "I ,+. J chw BY: ///g,~-~-~A-~/~~;~y JL- :, <-- +"<.s-&::/ , .. ,I- . " " _. 2 "? &kW ; (sign here) ,. ?!ET ,A L. RAUTENKRANZ, City Clerk orrgne M. Wood, Deputy City Clel ~ Patricia S. Santini, Secretary (print namehitie) Date: 11/30/99 (ArchiteWLicense Number) (Proper notarial acknowledgment of execution by DEVELOPER must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations, If only signs, the corporation must attach a resolution certified by the secretary or assistant secretary undel seal empowering that officer to bind the corporation.) (If signed by an individual partner, the partnership must attach a statement of partnership authorizing to execute this instrument.) APPROVED AS TO FORM: RONALD R. BALL GENERAL COUNSEL CMWD 98-202 3/12/ @ L 0 18119 Exhibit "A" C.E. WILSON CORPORATION 662 Grand Avenue Spring Valley, CA 91977 (61 9) 464-6721 JOB NAME: COURTYARD BY MARRIOTT BID ITEM NO. TOTAL UNIT PRICE QUANTITY UNIT DESCRIPTION Owens Avenue Change Connection Configuration From 8 Hot Tap To 12" x 12" x 8" 1 $3,900 $3,900 1 LS Tee Per Attached Sketch. TOTAL COST $3,900 * "- - j ("- "' 6-, STATE OF GAttFORNtA - + ./ 'i COUNTY OF < $ I-> :' ." j ,."i; ; ;i;,-. 1 ss- e before me, g , ci& ((.le ; { ,,;;,<:,,',j b:, ' ' ' _, - On j 1 &2j Liq 2" : - . .-. 1 +;~f?yp &[;q /c DATE NAME AND TITLE 'OF OFFICER ,,I ,. 1 ;I . *7 , ; < .- <-,I ; !y>;:' ~ ." ' ' ,.' ,' I . . personally appeared I,-( \dd!] "?Ji ~ :>$',?' " !' ' v_ i,v :-: <yl y;:& !L' 2' 3 -,L;$j !,?,[ Sf,. ;;: &;. (,,< NAME(S) OF SIGNER(S) \, _I personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the persc / $\, name(s) is/are subscribed to the within instrument and acknowledged .to me that he/she/they executed t hislherltheir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), l upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. i I : 6. ,. - / 7; ~?L\, .j' ;, ~, . , ~ 1 (I I ~. J.LL j, k-, ,\ iC." L..A*i;ic CL&? 1, j!4 I - ; SlGNiATURE OF NOTARY (This area for official notary seal.) Title or Type of Document I Date of Document No. of Pages Signer(s) other than named above CMWD 98-202 06