HomeMy WebLinkAboutBirtcher-Pacific; 1982-06-30;REIMBURSEMENT AGREEMENT
FOR
WATER SYSTEM FACILITIES CONSTRUCTED AS PART OF
CARLSBAD TRACT NO. 80-38
BIRTCHER-PACIFIC BUSINESS CENTER
"PALOMAR OAKS"
THIS AGREEMENT is made this 30th day of june , 19 82 .
between COSTA REAL MUNICIPAL WATER DISTRICT, hereinafter called
"District", and BIRTCHER-PACIFIC, hereinafter called "Subdivider"
in view of the following purposes:
(a) Subdivider and District have entered into an agreement
entitled "Agreement for'Construction of Water System to Serve
Subdivision Lands and for Performance Bond - Carlsbad Tract 80-38,
Birtcher Business Center, 'Palomar Oaks'," and dated August 10, 1981.
This agreement is made a part of this document by full reference.
(b) Subdivider has requested and the District has agreed to
the preparation and execution of this agreement for the reimburse-
ment of certain amounts for specific water system facilities
pursuant to the rules and regulations of District Ordinance
No. 26.
IT IS, THEREFORE, AGREED:
1. District will reimburse Subdivider Fifty percent
(50%) of the actual cost of the Subdivider for the construction
of the pressure-regulating station as shown on sheet 15 of 20
of the approved plans. Subdivider agrees that the actual cost
shall not exceed $35,000.00. The reimbursement shall be made
pursuant to the following terms and conditions:
(a) Subdivider shall establish the construction cost
of the pressure-regulating station. All records of the
bidding, estimating, and financial procedures for design and
construction shall be submitted to District for review. District
shall make the final determination as to the actual value
for the cash payment to be made by the District.
(b) The District shall make payment to the .Subdivider
upon the completion of all work in accordance with plans
and specifications and under the terms of this agreement,
payment shall be made within thirty (30) calendar days after
(COM PC&TEO)
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the offer and acceptance of the facilities by the District.
2. District will reimburse Subdivider the difference in
cost between the 16-inch water main as constructed and a 12-inch
water main in the same location. This 16-inch pipeline section
along Palomar. Airport Road is set forth in Exhibit "A" attached
herewith and made a part hereof. This reimbursement shall be
made pursuant to the following terms and conditions:
(a) Subdivider shall establish the construction cost
of a 12-inch water main system for "comparison" with the
actual construction cost of the 16-inch water main system.
All records of the bidding, estimating and financial
proceedings shall be submitted to District for review.
District shall make the final determination as to the actual
value for cash payment to be made by the District for the
oversizing.
(b) The District shall make payment to the Subdivider
upon the completion of all work in accordance with plans
and specifications and under the terms of this agreement,
payment shall be made within thirty (30) calendar days
after the offer and acceptance of the facilities by the
District.
3. This Agreement shall inure to the benefit of, and the
obi i gati ons .'created hereby shall be binding upon the successors
and assigns of the parties hereto.
4. The invalidity or illegality of any provision of this
Agreement shall not be deemed to affect the validity or legality
of any other provision of this Agreement.
5. This Agreement and any amendments hereto shall be
governed by and construed and enforced in accordance with the
laws of the State of California.
6. This Agreement sets forth the entire agreement and
understanding of the parties with respect to the transactions
contemplated hereby, and supersedes all prior agreements, arrange'
ments, and understandings relating to the subject matter hereof.
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7. This Agreement may be amended, modified, superseded or
cancelled, and any of the terms, covenants or Conditions hereof
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. '
8. If any action at law or in equity is necessary to enforce
or interpret the terms of this Agreement, the prevailing party
shall be entitled to reasonable attorneys' fees, costs and
necessary disbursements in addition to any other relief to which
he may be entitled.
IN WITNESS WHEREOF, this Agreement has been executed by
Subdivider and on behalf of the District by the President of
its Board of Directors on the day and year first above written.
SEAL
COSTA REAL MUNICIPAL WATER DISTRICT
By: ^g^?
Donald A. MacLeod, President
Board of Directors
SEAL
SUBDIVIDER
BIRTCHER-PACIFIC
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STATE OF CALIFORNIA
COUNTY OF.
On
said Staj personally appeared
L i i, bgjore me, the undersigned, a Notary Public in and for
£ known to me to be.-the partners of the partnership
\
that executed the within instrument and acknowledged to me that
such partnership executed the same.
WITNESS my hand and official seal.
£ Signatun
OFFICIAL SEAL'
GAIL R. SCHO"GER
ORANGE COUNTY
Name (This area for official notarial seal)
oWOODSIDK/KUBOTA A ASSOCIATES, INC.April 21, 1983
SUMMARY OF COSTS FOR REIMBURSEMENT AGREEMENT
CARLSBAD TRACT 80-38
BIRTCHER BUSINESS CENTER — "PALOMAR OAKS"
COSTA REAL MUNICIPAL WATER DISTRICT
1. Cost of Pressure-Regulating Station as
installed per as-built construction drawings: $ 28,983.00
Overhead (12%) 3.477.96
Total Cost of Pressure-Regulating Station
Less: 50% of Actual Construction Cost
for Developer's Portion
NET AMOUNT OF REIMBURSEMENT FOR PRESSURE-REGULATING STATION
2. Cost of 16" line and appurtenances in Palomar
Airport Road and in tract as installed per
as-built construction drawings:
$ 32,460.96
16,230.48
$16,230.48
16" ACP (3,655 l.f. @$37.00)
Overhead (10%)
Total Cost of 16" Line
$135,235.00
13.523.50
$148,758.50
Less: Cost of equivalent 12" line and appurtenances
12" ACP (3,655 l.f. @$25.50)
Overhead (10%)
Total Cost of 12" Line
$ 93,202.50
9.320.25
102,522.75
NET AMOUNT OF REIMBURSEMENT FOR OVERSIZING OF LINE
3. TEE, GATE VALVE, 12" ACP PER WATER DISTRICT
REQUIREMENT: Furnish and install at station
34+92.66 located on Palomar Oaks Way, Tract
80-38 City of Carlsbad, one (1) 16"xl2" tee;
one (1) 12" gate valve, 52 l.f. of 12" ACP
water pipe and all necessary appurtenances:
Overhead (10%)
46,235.75
$ 2,750.00
275.00
NET AMOUNT OF REIMBURSEMENT FOR TEE, GATE VALVE, AND 12" ACP WATER PIPE
TOTAL REIMBURSEMENT DUE DEVELOPER
$ 3,025.00
$65,491.23
PARED BY:REVIEWED AND APPROVED BY:
Y./Kubota, District engineer
a R#al Municipal Water District
APPROVED BY THE BOARD OF DIRECTORS
AT THEIR REGULAR MEETING OF
Lloyd R. Massey, Vift^Tresidfent /
Planning and Construction, Birtcher Pacific
1983
REFERENCE DOCUMENT: "Reimbursement Agreement for Water System Facilities Constructed as
Part of Carlsbad Tract No. 80-38 - Birtcher Pacific Business Center
'Palomar Oaks,'" dated June 30, 1982.
LME:paf
CMWD 82-128
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EYUIBIT "A