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HomeMy WebLinkAboutCaliber Development Inc; 1987-01-21;REIMBURSEMENT AGREEMENT REGARDING CARLSBAD PACIFIC CENTER PHASE I P.O. NO. 246 This agreement is entered into on January 21 , 1987, between COSTA REAL MUNICIPAL WATER DISTRICT (hereinafter "DISTRICT") and CALIBER DEVELOPMENT, INC. (hereinafter "DEVELOPER"), with respect to the following: A. DEVELOPER has presented a plan identified as "Planned Development No. 246" (the "development") to the City of Carlsbad and received approval and represents that DEVELOPER is in compliance with the provisions of the City of Carlsbad's ordinances applicable to the filing and approval of planned developments. The property encompassed by the planned development lies within the boundaries of the DISTRICT. B. DEVELOPER will construct, as part of the offsite improvements, a 10" water pipeline in Avenida Encinas as shown on Exhibit "A", which has been determined by the DISTRICT to be eligible for reimbursement. C. DEVELOPER has requested reimbursement from the DISTRICT pursuant to DISTRICT Ordinance No. 26 for the cost of constructing the water system improvements described in Recital "B". 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. Reimbursement for Relocation and Extension of a ten inch (10") Water Pipeline in Avenida Encinas. The DISTRICT shall reimburse DEVELOPER for the cost of constructing the ten inch (10") water pipeline in Avenida Encinas from the northerly property line of the subdivision to the existing water pipeline in Palomar Airport Road. The estimated amount of reimbursement is $19,000.00. All construction shall be in accordance with the current edition of District Standard Plans & Specifications for Construction of Water Mains. 2. Calculation of Amount to be Reimbursed. DEVELOPER shall forward to the DISTRICT the actual cost of constructing the ten inch (10") water pipeline in Avenida Encinas from the northerly property line of the subdivision to the existing water pipeline in Palomar Airport Road. The DISTRICT shall make the final determination, reasonably and in good faith, based on the information provided by DEVELOPER, as to the actual construction cost which is to be reimbursed to DEVELOPER. .•if 3. Time of Reimbursement. DISTRICT will make payment required by this provision within thirty (30) days after its acceptance of the dedication by DEVELOPER of the ten inch (10") water pipline in Avenida Encinas. 4. Notice. All notices or other communications required or permitted under this Agreement shall be sent by registered or certified mail, return receipt requested, postage prepaid, addressed as follows: To DEVELOPER James R. Hosier, President Caliber Development, Inc. 18300 Von Karman Avenue, Suite 720 Irvine, California 92715 To DISTRICT Thomas L. Brammell, General Manager Costa Real Municipal Water District 5950 El Camino Real Carlsbad, California 92008 5. Benefit and Burden. This Agreement shall inure to the benefit of, and the obligations created hereby shall be binding upon the heirs, successors and assigns of the parties hereto. The DISTRICT acknowledges that there did exist a dispute between it and City of Carlsbad as to which entity has the right to provide retail water service to this subdivision, among others, and the right to hold legal title to all public improvements necessary to provide such service. The DISTRICT filed an action for declaratory relief in the North County Branch of Superior Court of the State of California for the County of San Diego, case no. N20027, to resolve that dispute. The DISTRICT and the City of Carlsbad have settled this lawsuit. The parties hereto agree that their rights and obligations under this Agreement are subject to the judgement, judicial declaration, settlement or other determination made in the above-described legal proceeding on June 29, 1983. 6. Severability of Provisions. The invalidity or illegality of any provision of this Agreement shall not affect the validity or enforcement of the remainder of this Agreement. If any provision or term hereof is found to be invalid or unenforceable, the rest of the Agreement shall remain in full force and effect as though the invalid or unenforceable provision was not a part of the Agreement. 7. Waiver or Amendment. No provision of this Agreement, nor any breach hereof, can be waived unless in writing. Waiver of any one breach of any provision hereof shall not be construed as a waiver of any other breach of the same or any other provision hereof. This Agreement shall be amended or modified only by a written agreement signed by the party to be charged with the amendment. 8. Governing Law. This Agreement and any amendments hereto shall be governed by, construed and enforced in accordance with the laws of the State of California. 9. Construction and Interpretation. This Agreement between the DEVELOPER and the DISTRICT pertaining to the construction of water system public improvements for the planned development .<>.«,; » ».i « » ~ » » « •»•«•« •»>. I i •»< m±)SQaE9<KK]SKBaBeQax^^ contains the entire understanding and agreement of the parties as to the construction of the complete water system for the planned development, and supersede all prior agreements, statements, discussions, representations and understandings pertaining to that water system. 10. Attorney's Fees. The prevailing party in any action at law or in equity, including arbitration, brought to enforce or prevent the breach of this Agreement, or any provision hereof, including but not limited to any action for injuctive or delcaratory relief, shall be entitled to attorney's fees and costs incurred in such action, including those incurred in any appeal. 11. Authority to Sign. The individuals who sign this Agreement on behalf of the undersigned corporation and municipal water district warrant that they have the authority and approval to do so on behalf of such corporation and municipal water district. CALIBER DEVELOPMENT, INC. By COSTA REAL MUNICIPAL WATER DISTRICT isan M. Haasl, President Board of Directors CRMWD 85-C-131 \ LEGEND'-S.R.06ES.T XALLCHBAOCH DATE: IO"W.L. (^.EltvABUf^SEMeNT TO DEV. \O"W-L.Ey.TeWSlON E>V DEV. 'A1 •w- EXISTING? \o" W-L TO &E TAKEKI OUT OF. SERVICE: - iKioicATE-s>. EXITING. V/ATEC^ •sys-neKA.. TD ^ENAAIKJ IN COPY AIRPORT. KCAD