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Home My WebLink AboutCT 93-10; Carlsbad Seapointe Resort LP; 1997-0325937; Reimbursement Agreement/Releaser . b * * ’ RECdRDING REQUESTED BY: * . Carlsbad Municipal Water District ‘AND WHEN RECORDED, PLEASE MAIL TO: Carlsbad Municipal Water District Engineering Department 5950 El Camino Real Carlsbad, California 92008 - DOC # lp97-0325937 ll-JUL-lSP7 09=02 fwi OFFICEAL RECURDS SEiN DIE@ COUNTY RECORDER’S OFFICE CjRECiORY SMITH 9 $TY RECORDER : 0.00 I111111 Rlll Ill1 llllll ll~llJl$lj~l lllll lllll lllll Ill1 Ill1 Please record the document at no fee as it is to the beneM of the District (Gov. Code [6103]) I Space above this line for Recorder’s Use REIMBURSEMENT AGREEMENT REGARDING CARLSBAD TRACT 93-l 0 - CMWD 94-202 CARLSBAD SEAPOINTE RESORT WATER SYSTEM This agreement is entered into on jhw~~bcv ds , 1996, between CARLSBAD MUNICIPAL WATER DISTRICT (hereinafter “DISTRICT”) and CARLSBAD SEAPOINTE RESORT L.P., a California limited partnershiP. as owner. CONTINENTAL COMMERCIAL CORPORATION, a California corporation. as sole general partner, (hereinafter “DEVELOPER”), with respect to the following facts: A. DEVELOPER is constructing “Carlsbad Tract 93-l 0, Cartsbad Seapointe Resort” (the “subdivision”). B. DEVELOPER constructed a IO-inch diameter offsite water pipeline in Carlsbad Boulevard in compliance with terms and conditions of approval of Carlsbad Tract 93-l 0. C. DEVELOPER has requested, and the DISTRICT has agreed to the preparation and execution of this agreement for reimbursement of certain amounts for the cost of constructing the IO-inch diameter offsite water pipeline pursuant to the Subdivision Map Act and DISTRICT Ordinance No. 26. These facilities have been determined by the DISTRICT to be eligible for reimbursement and are a part of the adopted Capital Improvement Program for water systems. NOW, THEREFORE, in consideration of the mutual obligations set forth below and the construction by DEVELOPER of the water system improvements described above, the parties agree as follows: 1. DISTRICT will reimburse DEVELOPER one hundred percent (100%) of the construction cost for the IO-inch diameter offsite water pipeline in Carlsbad Boulevard, as shown on sheet 4,6 & 7 of 14 of the approved plans as set forth in Exhibit “A” attached hereto and made a part hereof. DISTRICT will reimburse DEVELOPER the Rev. 1 O/3 l/96 - ‘f . 1531 - ’ total cost of construction of the offsite IO-inch diameter water pipeline in fiscal year 1999-2000 or sooner if funds become available upon acceptance of the public water system by the DISTRICT. The total amount of ‘reimbursement is $65,085.00. A lump sum payment will be made by the District for the total amount in the year funds become available. 2. For the purpose of establishing the actual cost for all of the public water system facilities that are eligible for reimbursement under the related agreements, the DEVELOPER submitted to DISTRICT all financial records, records of bidding, estimates and payment receipts to establish the total actual cost value of the facilities. The DISTRICT has reviewed all such records and made a final determination as to the actual values of the related work which is $65,085.00. 3. Developer shall cause all drawings and specifications to conform to all applicable requirements of the law; federal, state and local. Developer shall provide all necessary supporting documents to be filed with any agencies whose approval is necessary for the water system improvements and provide the District with a copy of such documents. In the event this agreement is terminated, all plans, studies, sketches, drawings, reports and specifications as herein required shall be considered the property of the District. 4. Neither the City of Carlsbad nor the Carlsbad Municipal Water District shall be liable for any claims, liabilities, penalties, fines, or any damage to goods, properties, or effects of any person whatever, nor for the personal injuries or death caused by, or resulting from, any intentional or negligent acts, errors or omissions of Developer or Developer’s agents, employees, representatives or subcontractors. Developesgrees to defend, indemnify, and hold free and harmless the City of Carlsbad and the Carisbad Municipal Water District and its officers and employees, from any of the foregoing claims, liabilities, penalties or fines, including liabilities or claims by reason of alleged defects in any plans and specifications, and any cost, expense or attorney fees, which are incurred by the City or District on account of the foregoing. 5. These Agreements shall inure to the beneffl of, and the obligations created hereby shall be binding upon, the successors and assigns of the parties hereto. 6. The invalidity or illegality of any provision of these Agreements shall not be deemed to affect the validity or legality of any other provision of these Agreements. 7. These Agreements and any amendments hereto shall be governed by and construed and enforced in accordance with the laws of the State of California. Rev. 1 O/3 l/96 1532 8. The Agreements set forth are the entire, agreement and understanding of the parties with respect to the transactions contemplated hereby, and supersede all prior agreements, arrangements, and understandings ‘relating to the subject matter hereof. 9. These Agreements may be amended, modified, superseded or canceled, and any of the terms may be waived, only by a written instrument executed by the parties hereto or in the case of a waiver, by the party waiving compliance. 10. If any action at law or in equity is necessary to enforce or interpret the terms of these Agreements, the prevailing party shall be entitled to reasonable attorneys’ fees, costs and necessary disbursements in addition to any relief to which he may be entitled. 11. All notices or other communications required or permitted under these Agreements shall be sent by registered or certified mail, return receipt requested, postage prepaid, addressed as follows: To DEVELOPER Timothv J. Strioe Continental Commercial Corporation 5050 Avenida Encinas, Suite 200 Carlsbad, California 92008 To DISTRICT Robert J. Greaney, General Manager Carlsbad Municipal Water District 5950 El Camino Real Carlsbad, California 92008 Ill Ill Ill Ill Ill Ill ill Ill Ill Ill Ill Ill Ill Rev. 10/31/96 . .: , 1533 - _ : ’ The individuals who sign this Agreement on behalf of the undersigned corporation and municipal water . ;I. district warrant that they have the authority and approval to do so on behalf of such corporation and municipal water ‘district. ’ Executed by the BENEFlClARY this ,,2@t of&lI~ ,19x. day DEVELOPER: CARLSBAD SEAPOINTE RESORT L.P., a California limited partnership, as owner, CONTINENTAL COMMERCIAL CORPORATION, a California corporation, as sole general partner, A( name of develop) By: %h4+%krY+$ . (print name/tit& l!z w - - h Executed by the DISTRICT this day 3rd of JULY ,19x. DISTRICT: Board of Directors ATTEST: By: By: &?I& i+?. ti ALETHA L. RAUTENKRANZ, Secretary \ Cl 6 PC& (print name/title) ’ - SEAL (Notarial acknowledgement of execution of DEVELOPER must be attached.) NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY OR ASSISTANT SECRETARY MUST SIGN A CORPORATE EXECUTION OF THIS DOCUMENT. ALTERNATELY A TRUE COPY OF THE RESOLUTION OF THE BOARD OF DIRECTORS THAT IS SIGNED BY THE SECRETARY OR ASSISTANT SECRETARY OF THE COROPORATION, UNDER CORPORATE SEAL SPECIFICALLY EMPOWERING THE INDIVIDUAL SINGING IN BEHALF OF THE CORPORATION WILL SHOW SUFFICIENT AUTHORITY OF SAID INDIVIDUAL TO ACT IN THIS MATTER. Approved as to form: RONALD R. BALL, General Counsel BY b Deputy cMwD 94-202 Rev 10/31/96 ., . 534 I i ,; . - - ,I I . .:. . STATE OF CALlFORNlA 15.35 . 1 ss. COUNTY OF salz On&.nVa-r, 6, /9’?7 before me, DHE NAMUND TlTLEbF OFFICERJ personally appeared 4 w NAME(S) OF SIGNER(S) K personally known to me - OR - q jnrnypd to be the perso 0 (s whose nam 0 (s) isl@subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her@ authorized capacit@ and that by his/her on the instrument the person(s), or thepon behalf of which the per-s 0 (s) cted, executed the instrument. WlTNESS my hand and official seal. &-i&UA-L- SIGNATURE OF NOTARYP / (This area for official notary seal.) Title or Type of Document Date of Document /I/as/ 9 6 No. of Pages 6 Signer(s) other than named above Ran~Jd A. &i/J- &zd~4 . LCWI& , A /%a. / . ~CX uznk r. nr CMWD 94-202 06/I 4195 Rev. \ s* . , -r 2 ” . CORPORATE RESOLUTION OF GRAND PACIFIC RESORTS, INC. . r / AS GENERAL PARTNER OF (.,, I ..I CARLSBAD SEAPOINTE RESORT L.P. .._I,. +* Brown, Secretary of Grand Pacific Resorts, Inc., a California y known as Continental Commercial Corporation (“Corporation”), as Carlsbad Seapointe Resort L.P., do hereby certify that I am a duly d acting officer of the Corporation and, as such, I am familiar with +e&oo+minutea and records of the Corporation; that no provision of the Articles of ~gK:~&, on,or By-laws of the Corporation requires that any action or signature of the .,“.r “.dcTo~o;i~~ be attested by a corporate officer; that there is no provision in the Articles of By-laws of the Corporation limiting the power of the Board of Directors nafter stated resolutions; that the following is a true and correct copy of opted by the Board of Directors of the Corporation on January 23, er at a duly held meeting of the board of Directors or by unanimous written consent of all members of the Board of Directors of the Corporation and that such I’. resolutions‘have not been modified, rescinded or revoked and are now in fi.tll force and 7’ . . .-., - ..&et; WHEREAS, this Corporation acting as General Partner of Carlsbad Seapointe Resort L.P. is authorized to execute and enter into a Water Reimbursement Agreement dated November 25, 1996 between the City of Carlsbad and Grand Pacific Resorts, Inc. I certify the above resolution was duly adopted by this Corporation and has not been amended or revoked. CARLSBAD SEAPOINTE RESORT L.P. a California limited partnership By: Grand Pacific Resorts, Inc., a California corporation, General Partner By: David S. Brown, Secretary And By: August 20,1997 TO: KAREN KUNDTZ, DEPUTY CITY CLERK FROM: Sandy Schuck, Engineering Secretary REIMBURSEMENT AGREEMENT REGARDING CARLSBAD TRACT 93-10, CMWD PROJECT NO. 94-202, CARLSBAD SEAPOINTE RESORT WATER SYSTEM Attached is the original, fully executed, recorded copy of the subject document for your records. If you have any comments or require any additional information, please give me a call at ext. 125. attachment