HomeMy WebLinkAbout1998-09-22; Municipal Water District; Resolution 1026* 0 0
1 II RESOLUTION NO. 1026
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A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
CARLSBAD MUNICIPAL WATER DISTRICT OF CARLSBAD,
CALIFORNIA,, APPROVING A REIMBURSEMENT AGREEMENT
WITH THE CATELLUS RESIDENTIAL GROUP, INC. FOR THE
CONSTRUCTION OF POTABLE WATER AND RECYCLED
WATER TRANSMISSION MAINS IN POINSETTIA LANE FROM
AVIARA PARKWAY TO BLACK RAIL ROAD, CMWD PROJECT
NO. 89-505, CIP PROJECT 3661,3662
WHEREAS, the Catellus Residential Group, Inc. as a condition of appro1
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Carlsbad Tract 93-09 (Ocean Bluff), is conditioned to construct potable wate
recycled water transmission mains in Poinsettia Lane from Aviara Parkway to Blac
Road; and
12 WHEREAS, the developer's schedule precedes that of the Carlsbad Mur
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Water District for the construction of the Poinsettia Lane Water and Recycled
Pipeline Improvements; and
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WHEREAS, the Catellus Residential Group, Inc., has requested Bo: 11 Directors approval of a Reimbursement Agreement (attached hereto marked Exhi
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and incorporated by this reference) for the construction of said improveme
Poinsettia Lane; and
20 WHEREAS, the Catellus Residential Group, Inc., desires to begin constr
21 of Poinsettia Lane immediately; and
22 WHEREAS, adequate funds exist in the water connection and water replac
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funds to pay the construction of the potable water and recycled water transrr
25 mains and were appropriated previously and with the 1998-99 Capital Improve
26 :I Program; and
27 WHEREAS, the Planning Director has determined that the requested actic
28 compliance with prior environmental review conducted for Zone 20 LFMP Progra
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90-09 by adoption of Resolution No. 3869 approved on December 20, 1995, an'
90-09A by adoption of Resolution No. 439lapproved on June 17, 1998.
NOW, THEREFOR, BE IT RESOLVED by the Board of Directors of the Cal
Municipal Water District of Carlsbad, California, as follows:
1, That the above recitations are true and correct
2. That the Reimbursement Agreement by and between the Catellus Resil
Group, Inc. and the Carlsbad Municipal Water District is hereby approved a1
President is authorized and directed to sign said agreement on behalf of the Bc
Directors.
PASSED, APPROVED AND ADOPTED at a special meeting of the C;
Municipal Water District on the 22nd day of September , 1998
following vote, to wit:
AYES: Board Members Lewis, Finnila, Nygaard, Kulchin and Hall
NOES: None
ABSENT: None
ATTEST:
n Qhd. WdM
ALETHA L. MUTENKRANZ, SE
(SEAL)
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RECORDING REQUESTED BY:
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WHEN RECORDED, PLEASE MAIL TO:
City Clerk
City of Carlsbad
1200 Carlsbad Village Drive Carlsbad, California 92008
Please record the document at no fee as
it is to the benefit of the City (Gov. Code
[6 1 031 .)
Space above this line for Rec
DEEP SEWER REIMBURSEMENT AGREEMENT
THIS DEEP SEWER REIMBURSEMENT AGREEMENT ("Agreement") is made and entered int
22nd day of September , 1998 by and between CATELLUS RESIDENTIAL GROUP, INC.,
corporation (hereinafter "Catellus"), and the CITY OF CARLSBAD, a municipal corporation of the State
(hereinafter "the City"), with reference to the following:
RECITALS
A. Catellus is the owner of that certain real property located in the City of Carlsbad, County of San
of California, and more particularly described on Exhibit "A" attached hereto and incorporated herein by the r(
"Ocean Bluff Property").
B. The real property located adjacent to the Ocean Bluff Property in the City of Carlsbad, County c
State of California, is more particularly described on Exhibit "B" attached hereto and incorporated herein by 1
(the "Roesch Property").
C. Both the Ocean Bluff Property and the Roesch Property will receive sewer service from the City.
D. Catellus will install the sewer improvements which will serve the Ocean Bluff Property. Ci
required to install the sewer improvements which will serve the Roesch Property (the sewer improvement:
properties being collectively referred to herein as the "Deep Sewer Improvements). The Deep Sewer lmpr
be located beneath the real property more particularly depicted on Exhibit "C attached hereto and incorpor:
this reference, which real property includes what is commonly referred to as "Brigantine Drive," as weli as pc
(CT 93-09, Proj. 89-505)
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is commonly referred to as "Poinsettia Lane" (all of the foregoing collectively being referred to herein as
Improvement Property").
E. The City has informed Catellus that the sewer lines which are to be installed as part of the I
Improvements (in order to properly serve the Roesch Property) will need to be installed at a depth of approxir
eight (38') feet below the existing ground surface (which is significantly deeper that the ordinary depth of sewe
F, The parties recognize that the installation of sewer lines at such extraordinary depth requires
greater work and expense than customary sewer line installation for a residential tract.
G. The parties acknowledge that pursuant to Q 66485 of the California Government Code, a local
require a subdivider to install improvements containing supplemental size, capacity, number, or length, for
property not within the subdivision. The parties further acknowledge that pursuant to § 66486 of the Govern
such improvements are required, the local agency shall enter into an agreement with the subdivider to I
subdivider for that portion of the cost of those improvements in excess of the construction cost customarily re
subdivision.
H. To accommodate Catellus for such added expense, the parties hereby desire to pro
reimbursement by the City to Catellus for ail sewer installation costs incurred by Catellus in excess of those
normally be incurred if the Deep Sewer Improvements were installed at a standard depth (as would be requi.
only for the benefit of the Ocean Bluff Property).
AGREEMENT
NOW, THEREFORE, in consideration of the terms and agreements hereinafter set forth, and for c
valuable consideration the receipt and sufficiency of which are hereby acknowledged, the parties hereto hc
follows:
1. DESCRIPTION OF WORK.
The Deep Sewer Improvements shall include approximately six hundred ninety-six linear feet (696'
(8") diameter pipeline from station 9+25.37 to station 16+21.47 and to the two (2) access holes at station
station 16+21.47 (as shown on Drawing 360-36, Sheets 6 and 7), plus approximately seven hundred thirty
(732') of eight-inch (8) diameter pipeline from station 10+16 to station 15+92.81 and from station 10+4
12+095.20. and to three (3) access holes at station 11 +78.52, station 13+87.25, and station 15+92.81
Drawing 360-3, Sheets 3 and 4).
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2. CITY REIMBURSEMENT OBLIGATION.
In the event that Catellus installs the Deep Sewer Improvements for any reason whatsoeve
without limitation, to satisfy any condition of approval in connection with a tentative map for either the Ocean B
or the Roesch Property, the City shall reimburse Catellus an amount (the "Reimbursement Amount") c
difference between the cost of the Deep Sewer Improvement Installation (the "Actual Cost") and Thirty-Si
Three Hundred Seventy-Seven Dollars ($36,377) (which the parties agree is the reasonable estimate of the c
sewer improvements solely for the benefit of the Ocean Bluff Property). The Actual Cost shall include all cost
with the installation of the Deep Sewer Improvements.
3. CONTRACTOR: INVOICES.
The Deep Sewer Improvements shall be installed by a licensed contractor or sub-contractor (the
selected by Catellus (which Contractor shall be selected after receipt of bids from no fewer than three (3)
Catellus shall instruct the Contractor to prepare and deliver to Catellus duplicate copies of all periodic and fina
labor and materials used in the installation of the Deep Sewer Improvements. Catellus shall forward one I
such invoice to the Engineer (the "District Engineer") for the Carlsbad Municipal Water District (the "Distril
with an invoice for all other components of the Actual Cost not otherwise reflected on the Contractor's invoice.
Engineer shall confirm and approve the Reimbursement Amount based upon the components of Actual Cos1
Section 2 of this Agreement. If the District Engineer objects to any item comprising the Reimbursement
District Engineer shall notify Catellus within ten (IO) days of receipt of all invoices forwarded by Cate
Contractor. Failure to so notify Catellus shall be deemed the District Engineer's approval of such invoices.
the District Engineer does object, Catellus and the District Engineer shall meet to discuss the disputed
attempt to resolve the matter through good-faith negotiation. If the parties are unable to resolve the dispute t
faith negotiation, the dispute shall be submitted to judicial reference in accordance with Section 6.i. of thir
Prior to the submission to the District Engineer of the final invoices, Catellus shall obtain all necessary or aF
releases from the Contractor, and shall obtain from the City, the District, and any and all necessary a
governmental agencies, all approvals, certificates, and other documents necessary or appropriate to
completion of the Deep Sewer Improvements and the ability to put such Deep Sewer Improvements into u
Catellus receives all such lien releases, approvals, and certificates shall be deemed the date of completior
Sewer Improvements (the "Completion Date").
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4. REIMBURSEMENT SCHEDULE.
The City shall collect a fee (the "Deep Sewer Fee") upon the issuance of a grading permit for '
Property. The City shall remit the entire Reimbursement Amount to Catellus no later than (30) days following c
the City of the Deep Sewer Fee.
5. NOTICE.
Payment or notice required or permitted to be given by one party to the other shall be in writing t
deemed effective (a) on personal delivery on the second business day after mailing by Certified or Regist
States mail, postage prepaid, return receipt or (b) on the succeeding business day after mailing by Express I
deposit with a commercial delivery service of general use, all postage or fees prepaid and addressed to the p
addresses below:
If to Catellus: Catellus Residential Group
5 Park Plaza, Suite 400
Irvine. CA 92014
Attn: Mr. Brian J. Milich
If to City: Carlsbad Municipal Water District
5950 El Camino Real
Carlsbad, CA 92008
Attn: Robert J. Greaney, General Manager
Notice of change of address shall be given by written notice in the manner set forth in this
6. MISCELLANEOUS.
a. Entire Aareement. This Agreement contains the entire agreement between the parties with r
matters set forth herein, and supersedes all prior or contemporaneous agreements (whether oral or written)
parties with respect to the matters set forth herein.
b. Amendment. This agreement may be modified only in a writing signed by both parties.
c. Successors and Assians. This Agreement shall be binding upon and inure to the benefit
and their respective heirs, personal representatives, successors and assigns.
d. No Third Parhr Beneficiaries. This Agreement shall not be deemed to confer any rigt
individual or entity which is not a party hereto, and the parties hereto expressly disclaim any such third-party
e. Attornev's Fees. In. the event either party shall institute any action or proceeding against tl
relating to this Agreement, the unsuccessful party in such action or proceeding shall reimburse the successf
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disbursements incurred in connection therewith and for its reasonable attorneys' fees as fixed by the court. In
the foregoing award of attorneys' fees to the successful party, the successful party in any lawsuit on this Agret
be entitled to its attorneys' fees incurred in any post-judgment proceedings to collect or enforce the judgr
provision is separate and several and shall survive any merger of this Agreement into any judgment on this Agr
f. Severability. The invalidity or unenforGeability of any provision of this Agreement, as deter1
court of competent jurisdiction, shall in no way affect the validity or enforceability of any other provision hereof.
g. Governina Law. This Agreement shall be governed by, and construed in accordance with, the
State of California.
h. CounterDarts. This Agreement may be executed in any number of counterparts, each of wh
deemed an original, but all of which, taker together, shall constitute one and the same instrument.
i. DisDutes; Claims. If a dispute should arise regarding the performance or interpretation of this
the following procedure shall be used to resolve and question of fact or interpretation not formally resolved by
Such questions, if they become identified as a part of a dispute among persons operating under the provi:
Agreement, shall be reduced to writing by the principal Catellus or the City's Public Works Director (Director]
such documented dispute shall be forwarded to both parties involved along with recommended methods (
which would be of benefit to both parties. The Director, or principal, upon receipt, shall reply to the letter,
recommended method of resolution, within ten (10) days. If the resolution thus obtained is unsatisfactory to tt
party, a letter outlining the dispute shall be forwarded to the City Council for their resolution through the offic
Manager. The City Council may, but is not obligated to resolve the dispute. If the City Council considers the
directs a solution, the action of the City Council shall be binding upon the parties involved, although no
procedure shall prohibit the parties seeking remedies available to them at law.
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j. m. This Agreement shall be effective as of the date hereof, and shall terminate on the earlie
date the City fully reimburses Catellus the Reimbursement Amount, or (ii) January 1,201 5.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the
above written.
"CATELLUS" "CITY"
CATTELLUS RESIDENTIAL GROUP, INC., a California CITY OF CARLSBAD, a municipal corporati
corporation
By: yorL. 2 (sign her )
BRIAN J. MlLlCH Vice President ATTEST:
??j, By: -
(sign here) . . .' I_ , .:.: .. . -.. .I - ALETHA L. RAUTENKRAhZ, City Clerk .. . ,
Stemen J i, ~~~~~e~~]As~iS~~ Secretary
. ._ . .- r .
(SEAL)
(print namehitie) , . ,'.
..=- .; - "
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. ,.- .. I , . .L. . ..._, ... -i. . -. .. , .. ..
.I .. ? _- .. .~ :. ..
(Proper notarial ack~~~~~~~-~e~ecution by Catellus must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only one office
corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empc
officer to bind the corporation.)
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APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
By: I c _13 R. 64-
AwMant City Attorney ?(as I$ b
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STATE OF CALIFORNIA 1
COUNTYOF 0'("*3 1 I ss.
" on^^.^.^ \q \%before rne,Tc\kC .. cc, 5 :X\h\ b X?&<L\ ?\ &LC ' DATE NAME ANb TITLE OF OWER
personally appeared - c\m N\\\ &A f.T ..
$c personally known to me -8R - z i to be the persor
name(s) %subscribed to the within instrument and acknowledged to me that bkbe@ executed th
l&huP@uthorized capacity(ies), and that by l@he@ signature(s) on the instrument the person(s), 01
upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
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REBECCA J. BIAKE Commission # 1 1670 18 1
Orange County
MvCmm.EmiresJm1.M02 5 Notcry Public - California f
%A
/A SIGNATURE G (This area for official notary seal.)
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Title or Type of Document
Date of Document No. of Pages
Signer(s) other than named above
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CMWD 89-505
OE
0 0 EXHIBIT "A"
Legal Description of Ocean Bluff Property
CARLSBAD TRACT 93-09 BEING A SUBDIVISION OF THAT PORTION OF SECTION 22, TOWNSHIP 1
RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SE
STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, BEING DESCRIBED AS PAR
RECORDS OF SAN DIEGO COUNTY AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
CERTIFCATE OF COMPLIANCE RECORDED ON MARCH 11, 1997 AS FILE NO. 1997-0106631 OF
BEGINNING AT THE NORTHEAST CORNER OF LOT 3 OF SAID SECTION 22 AS SHOWN AND ESTABL
RECORD OF SURVEY MAP NO. 12096, FILED IN THE OFFICE OF THE COUNTY RECORDER, MAR0
SAID CORNER BEING MARKED BY A 2 INCH IRON PIPE WITH CAP STAMPED 'L.S. 3189 112M AHR 1979'
ALONG THE EAST LINE OF SAID LOT 3 AS ESTABLISHED PER SAID RECORD OF SURVEY MAP r
SOUTH 01 "29'12" EAST (SOUTH Ol"28'59" EAST FER R OF S 12096), 1056.64 FEET OF THE SC
CORNER OF SAID LOT 3, SAID CORNER BEING MARKED BY % INCH IRON PIPE MARKED "R.C.E.
SHOWN AND ESTABLISHED ON SAID RECORD OF SURVEY MAP NO. 12096; THENCE NORTH 86"57
(NORTH 86O57'35" WEST PER R OF S 12096), 663.55 FEET TO AN ANGLE POINT OF SOUTHERLY LIN
LOT 3 BEING MARKED BY A 2 INCH IRON PIPE STAMPED "L.S. 2821" AS SHOWN AND DESCRIBE1
RECORD OF SURVEY MAP NO. 12096; THENCE NORTH 86°53'40" WEST, 663.62 FEET (NORTH 86O53'
663.69 FEET PER R OF S 12096) TO A 2 INCH IRON PIPE STAMPED "L.S. 2821" ESTABLISHING THE SO CORNER OF SAID LOT 3 PER RECORD OF SURVEY MAP NO. 12096; THENCE ALONG THE WESTERL
SAID LOT 3 AS ESTABLISHED PER RECORD OF SURVEY MAP NO. 12096 (SAID LINE ESTABLISHED
01 "43'45" WEST PER R OF S 12096). 997.78 FEET TO A POINT OF THE NORTH LINE OF SAID SE
THENCE ALONG SAID NORTH LINE, SOUTH 89"2834" EAST, 1328.08 FEET (SOUTH 89O28'21" EA9
FEET PER R OF S 12096) TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION THEREOF, IF ANY, LYING NORTH OF THE SOUTH BOUN[
OF RANCHO AGUA HEDIONDA, AS SAID SOUTH LINE WAS ESTABLISHED MAY 5, 1913, BY DECRE
SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND FOR SAN DIEGO COUNTY, IN THAl ACTION NO. 16830 ENTITLED KELLY INVESTMENT COMPANY, A CORPORATION, VS. CLARENCI
HILLMAN AND BESSIE OLIVE HILLMAN.
INCH IRON PIPE AND Yz INCH IRON PIN AS SHOWN ON R OF S 12096), NORTH 01 "43'58" WES
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Legal Description of Roesch Property
LOT 4 IN SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERlDlA
CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, EXCEPTING THEREFROI
PORTIONS THEREOF LYING NORTH OF THE SOUTH BOUNDARY LINE OF THE RANCHO AGUA HEDI(
SAID SOUTHLINE WAS ESTABLISHED MAY 5,1913, BY DECREE OF THE SUPERIOR COURT OF THE :
CALIFORNIA, IN AND FOR SAN DIEGO COUNTY, IN THAT CERTAIN ACTION (NO. 16830) ENTITLE INVESTMENT COMPANY, A CORPORATION, VS. CLARENCE DAYTON HILLMAN AND BESSIE OLIVE HILI
ALSO EXCEPTING THEREFROM THAT PORTION, IF ANY, LYING WITHIN THE LAND CONVEYED TI
BLUFF PARTNERSHIP BY DEED RECORDED ON APRIL 28, 1997 AS FILE NO. 1997-0194116 OF RECORDS OF SAID SAN DIEGO COUNTY.
SITE PLAN e
! ROESCH i ~r
i PROPERTY ' w
DEEP SEWER
""I-"
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Project Name:
DEEP SEWER IN POINSETTIA LANE
AND BRIGANTINE DRIVE
Project
NO*
89-505
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CATELLUS RESIDENTIAL GROUP, INC.
SECRETARY CERTIFICATE
RESOLVED, that Brian Milich in his capacity as Vice President and
behalf of and in the name of Catellus Residential Group, Inc. (the "Corporation"),
to sign the Deep Sewer and Water Reimbursement Agreement for the Carlsbad
Municipal Water District, and all other related documents and agreements. The
execution of such agreements and documents by them shall be conclusive
evidence of full Corporate approval thereof.
Stephen Muller in his capacity as Assistant Secretary are authorized for, on
IN WITNESS WHEREOF, I have affixed my name as Assistant Secretary
of said Corporation and have caused the corporate seal of the corporation to be
hereunto affixed this 14" day of September, 1998. n I "2